EDS [Exceed Co] SC 13E3/A: (Original Filing)
[Execution Version FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER Amendment Parent Merger Sub Company This FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER (this “ WITNESSETH: Agreement WHEREAS, Parent, Merger Sub, and the Company are parties to an Agreement and Plan of Merger dated as of December 2, 2013 (the “ WHEREAS, the parties desire to amend certain provisions] [Execution Version FIRST AMENDMENT TO LIMITED GUARANTY Amendment Guarantor Guaranteed Party This FIRST AMENDMENT TO LIMITED GUARANTY (this “ WITNESSETH: Limited Guaranty WHEREAS, the Guarantor issued a Limited Guaranty to the Guaranteed Party, dated as of December 2, 2013 (the “ WHEREAS, the Guarantor and the Guaranteed Party desire to amend the Limited Guaranty as set forth herein; and WHEREAS,] []