June 25, 2003
Exhibit 10.11
June 25, 2003
Millstream
Acquisition Corporation
c/o ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇▇▇ ▇▇▇
▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
EarlyBirdCapital, Inc.
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇
Gentlemen:
Each of the undersigned hereby confirm that:
1. Section 10 of the letter agreements, dated May 9, 2003, among Millstream Acquisition Corporation ("Company"), EarlyBirdCapital, Inc. ("EBC") and each of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇. and ▇▇▇ ▇. ▇▇▇▇ and Section 9 of the letter agreements, dated May 9, 2003, among the Company, EBC and each of the ▇▇▇▇▇▇▇ Family Trust and J. ▇▇▇▇▇ ▇'▇▇▇▇▇, relating to the right of first refusal granted to EBC by the undersigned for public sales, is hereby deleted in its entirety; and
2. The last proviso of Section 6 of the letter agreements, dated May 9, 2003, among the Company, EBC and each of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇. and ▇▇▇ ▇. ▇▇▇▇ and the last proviso of Section 5 of the letter agreements, dated May 9, 2003, among the Company, EBC and each of the ▇▇▇▇▇▇▇ Family Trust and J. ▇▇▇▇▇ ▇'▇▇▇▇▇, is hereby deleted in its entirety such that Section 6 and Section 5 read as follows, respectively;
"The undersigned will not be entitled to receive and will not accept a finder's fee or any other compensation in the event the undersigned originates a Business Combination."
/s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ |
/s/ ▇▇.▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇ |
|||
| /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇. |
/s/ ▇▇▇ ▇. ▇▇▇▇ ▇▇▇ ▇. ▇▇▇▇ |
|||
| ▇▇▇▇▇▇▇ FAMILY TRUST | ||||
| By: | ||||
| /s/ J. ▇▇▇▇▇ ▇'▇▇▇▇▇ J. ▇▇▇▇▇ ▇'▇▇▇▇▇ |
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Trustee |
|||
| By: | ||||
| /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Trustee |
||||
| Accepted and Agreed: | ||||
| MILLSTREAM ACQUISITION CORPORATION | ||||
| By: | ||||
| /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Chairman |
||||
| EARLYBIRDCAPITAL, INC. | ||||
| By: | ||||
| /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Chairman |
||||