EXHIBIT 10.59
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DENOTES MATERIAL THAT HAS BEEN OMITTED AND FILED SEPARATELY WITH
THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR
CONFIDENTIAL TREATMENT PURSUANT TO RULE 24b-2 UNDER THE SECURITIES
EXCHANGE ACT OF 1934, AS AMENDED.
AMENDMENT
TO
SECOND AMENDED AND RESTATED
AGENCY AGREEMENT
Marvel Entertainment, Inc. (formerly
known as Marvel Enterprises, Inc.) (“ Publisher
”) and Diamond Comic Distributors, Inc. (“
Diamond ”) are parties to a Second Amended and
Restated Agency Agreement dated as of October 1, 2004, as
amended by a letter agreement dated April 25, 2006 (the
“ Agreement ”). Publisher and Diamond now wish
to amend the terms of the Agreement as set forth below. Capitalized
terms not otherwise defined in this amendment shall have the same
meanings here as in the Agreement.
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1.
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The effective
date of this amendment is August 17, 2007 (the “
Effective Date ”).
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2.
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Section 2(a) of the Agreement is amended to
read, in its entirety, as follows:
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The term of this Agreement (the
“Term”) shall commence on the Effective Date and shall
continue until December 31, 2010, and thereafter shall be
renewed or extended only by a writing executed by both
parties.
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3.
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Section 3(b) of the Agreement is hereby
amended to read, in its entirety, as follows:
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Publisher will deliver to
Diamond’s Distribution Center sufficient copies of Publisher
Books to meet the demand therefor as estimated by Publisher from
time to time after consultation with Diamond.
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