EX-99.4 2 d638282dex994.htm EX-99.4 EX-99.4

Exhibit 99.4

AMENDMENT NO. 2 TO THE STOCKHOLDERS AGREEMENT

AMENDMENT NO. 2

This AMENDMENT NO. 2 (this “Amendment”) to that certain Agreement, dated as of May 29, 2013 (the “Agreement”), by and between each of the entities listed on Exhibit A thereto (each such entity and any other person who becomes bound by the Agreement as contemplated by clause (a) of Section 1 thereof, a “Stockholder” and collectively, the “Stockholders”), is entered into as of December 3, 2013 by and between the Stockholders party hereto.

WHEREAS, the Stockholders wish to extend the term of the Agreement;

NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, and intending to be legally bound, the parties agree as follows:

1. Term and Termination. Section 4(a) of the Agreement is hereby amended to read as follows: “Unless earlier terminated pursuant to paragraph (b) of Section 4, the term of the Agreement shall be a period expiring on June 30, 2015.”

2. Miscellaneous. Except for clauses (a), (d) and (l) thereof, Section 5 of the Agreement is incorporated herein, mutatis mutandis.

3. Ratification. Except as specifically amended herein, all terms and conditions of the Agreement are hereby ratified and confirmed in all respects and shall remain in full force and effect.

[Signature page follows.]


IN WITNESS WHEREOF, each of the parties has caused this Agreement to be duly executed as of the day and year written above.

 

SPH MANAGER, LLC     SPECTRUM GROUP MANAGEMENT, LLC
By:  

/s/ Edward A. Mulé

    By:  

/s/ Stephen Jacobs

Name:   Edward A. Mulé     Name:   Stephen Jacobs
Title:   Member     Title:   COO
Address:   c/o Silver Point Capital, L.P.     Address:   1250 Broadway, 19th Floor
  2 Greenwich Plaza       New York, NY 10001
  Greenwich, CT 06830     Facsimile: 212-983-2322
Facsimile:      
HIGHLAND CAPITAL MANAGEMENT LP     COURAGE CAPITAL MANAGEMENT, LLC
By:  

/s/ Frank Waterhouse

    By:  

/s/ Richard R. Horton

Name:   Frank Waterhouse     Name:   Richard R. Horton
Title:   Assistant Treasurer     Title:   Chief Financial Officer
Address:   300 Crescent Court Suite 700     Address:   4400 Harding Road, Suite 503
  Dallas, TX 75201       Nashville, TN 37205
Facsimile:   Facsimile:
ONE EAST PARTNERS MASTER, L.P.     ONE EAST PARTNERS OPPORTUNITIES, L.P.
By:  

/s/ B. Scott Reid

    By:  

/s/ B. Scott Reid

Name:   B. Scott Reid     Name:   B. Scott Reid
Title:   Authorized Signatory     Title:   Authorized Signatory
Address:   551 Madison Avenue, 10th Floor     Address:   551 Madison Avenue, 10th Floor
  New York, NY 10022       New York, NY 10022
Facsimile: 212-230-4501     Facsimile: 212-230-4501