[CONFORMED COPY]
Sixth Amendment to Common Stock Purchase Agreement
by and between
ZeniMax Media Inc.
and
SBS Broadcasting S.A.
December 20, 2002
Sixth Amendment to Common Stock Purchase Agreement
This Sixth Amendment to Common Stock Purchase Agreement (the "Sixth Amendment") is made as of this 20th day of December 2002, to amend the Common Stock Purchase Agreement dated October 30, 2000, as modified by a First Amendment dated May 15, 2001, a Second Amendment dated June 14, 2001, a Third Amendment dated April 16, 2002, a Fourth Amendment dated June 6, 2002, and a Fifth Amendment dated September 27, 2002 (the "Agreement") by and between ZeniMax Media Inc., a Delaware corporation (the "Company"), and SBS Broadcasting S.A., a Luxembourg corporation (the "Purchaser" or "SBS").
In consideration of the representations, warranties and covenants in the Agreement and for other good and valuable consideration, the Company and SBS hereby agree as follows:
The parties agree that all other terms and conditions set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment as of the day and year first above written.
COMPANY: |
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ZENIMAX MEDIA INC. |
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By: |
/s/ ROBERT A. ALTMAN |
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Name: | Robert A. Altman | ||
Title: | Chairman and CEO |
Address: |
1370 Piccard Drive, Suite 120 Rockville, MD 20850 |
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PURCHASER: |
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SBS Broadcasting S.A. |
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By: |
/s/ ERIK.T.MOE |
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Name: | Erik.T.Moe | ||
Title: | General Counsel & Senior Vice President |
Address: |
SBS Broadcasting S.A. 8-10 rue Mathias Hardt BP 39 L-2010 Luxembourg |
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Copies to: |
SBS Services B.V. Quintet Office Park Rietlandpark 353 1019EM Amsterdam Holland Attn: Corporate Secretary |
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