I think Page 25 is the meat:
|
CUSIP No. 88575M 20 0 |
|
Page 25 of 30 |
Waivers of Letter Agreement
On January 17, 2013, Samuel May, a Reporting Person in Amendment No. 1, pursuant to the form of waiver filed as Exhibit 5 hereto, irrevocably waived, released and forever discharged any and all rights Mr. May was entitled to pursuant to the Letter Agreement as described in Amendment No. 1. As a result, Mr. May is no longer deemed a member of the “group” described in the Schedule 13D, and, thus, is no longer a “reporting person” included in this Amendment.
On March 4, 2013, Trent Vichie, a Reporting Person in Amendment No. 1, pursuant to the form of waiver filed as Exhibit 5 hereto, irrevocably waived, released and forever discharged any and all rights Mr. Vichie was entitled to pursuant to the Letter Agreement as described in Amendment No. 1. As a result, Mr. Vichie is no longer deemed a member of the “group” described in the Schedule 13D, and, thus, is no longer a “reporting person” included in this Amendment.
On March 4, 2013, Michael Dorrell, a Reporting Person in Amendment No. 1, pursuant to the form of waiver filed as Exhibit 5 hereto, irrevocably waived, released and forever discharged any and all rights Mr. Dorrell was entitled to pursuant to the Letter Agreement as described in Amendment No. 1. As a result, Mr. Dorrell is no longer deemed a member of the “group” described in the Schedule 13D, and, thus, is no longer a “reporting person” included in this Amendment.
Each of Messrs. May, Vichie and Dorrell have signed this Amendment solely for the purpose of reporting their respective waivers of the Letter Agreement and the termination of their reporting obligations. Each of Messrs. May, Vichie and Dorrell takes no responsibility for the accuracy of any other disclosure contained herein.
Miscellaneous
On March 1, 2013, Henry M. Dietrich filed an amendment to Schedule 13D as an exit filing disclosing the sale of all Common Stock owned by Mr. Dietrich. Therefore, Mr. Dietrich is not included as a “reporting person” in this Amendment.
As of the filing of this Amendment, Mr. Sherwin Scott was not available to execute this Amendment, however he confirmed his holdings of Common Stock via written correspondence as of February 1, 2013. Therefore, Mr. Scott’s holdings of Common Stock as described herein are based solely on such correspondence.
* * *
Except as described herein and in the Schedule 13D, as of the date of this Amendment, each of the Reporting Persons has no present plans or proposals which would result in: (a) the acquisition by any person of additional securities of the Issuer, or the disposition of securities of the Issuer; (b) an extraordinary corporate transaction involving the Issuer or any of its subsidiaries; (c) a sale or transfer of a material amount of assets of the Issuer or any of its subsidiaries; (d) any change in the present Board of Directors or management of the Issuer; (e) any material change to the present capitalization or dividend policy of the Issuer; (f) any other material change in the Issuer’s business or corporate structure; (g) changes in the Issuer’s articles of incorporation, bylaws or instruments corresponding thereto or other actions which may impede the acquisition of control of the Issuer by any person; (h) causing a class of securities to be delisted from a national securities exchange or to cease to be authorized to be quoted in an inter-dealer quotation system of a registered national securities association; (i) a class of equity securities of the Issuer becoming eligible for termination of registration pursuant to Section 12(g)(4) of the Securities Exchange Act of 1934; or (j) any action similar to any of those actions enumerated above.
------------------------------------------------------------------------------------------------------------------------
This looks like the most significant change to me:
" Each of Messrs. May, Vichie and Dorrell have signed this Amendment solely for the purpose of reporting their respective waivers of the Letter Agreement and the termination of their reporting obligations."
They waived their rights and responsibilities in order to be non-reporting. Who knows why. That is their business.
http://www.sec.gov/Archives/edgar/data/138110...ay_jbi.htm
