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This confidentiality agreement involves IKON OFFICE SOLUTIONS, INC . A confidentiality contract is an agreement specifying rights granted by one party to another which lays out requirements not to disclose information that is likely to be exchanged in conjunction with a broader business relationship. Similar to non-disclosure agreements, they are intended to protect any information considered to be proprietary or confidential. This can include information disclosed during potential partnering or acquisition discussions, or even as simply as during a period of employment.

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08/05/09
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DocStore > Agreements > Confidentiality Agreements
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IKON OFFICE SOLUTIONS INC Confidentiality Agreement

Exhibit 10.1 AMENDMENT NO. 1 TO CONFIDENTIALITY AGREEMENT AMENDMENT NO. 1 dated as of November 20, 2007 (this “Amendment”), to the CONFIDENTIALITY AGREEMENT (the “Confidentiality Agreement”) dated as of October 12, 2007, between IKON Office Solutions, Inc., an Ohio corporation, and Steel Partners II, L.P. Capitalized terms not otherwise defined herein have the meanings ascribed thereto in the Confidentiality Agreement. WHEREAS, the Parties to the Confidentiality Agreement wish to amend certain provisions of the Confidentiality Agreement as set forth in this Amendment. NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. The Parties agree that the sixth paragraph of the Confidentiality Agreement starting with “The Interested Party further agrees…” and ending with “not earlier than December 1, 2007” is hereby amended and replaced with the following six paragraphs: “The Interested Party further agrees that it shall not, and shall cause its affiliates not to, prior to May 19, 2009, directly or indirectly, alone or in concert with others or in any other manner: (1) acquire, agree to acquire, or make any proposal to acquire any securities or assets of the Disclosing Party (other than assets transferred in the ordinary course of its business), acquire “beneficial ownership” (within the meaning of Section 13(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)) of any equity securities of the Disclosing Party, or acquire any economic long position in voting securities of the Disclosing Party through the purchase of any equity derivative contract, (2) except at the specific written request of the Disclosing Party, propose to enter into, directly or indirectly, any merger, consolidation, share exchange, recapitalization, business combination or similar transaction involving the Disclosing Party or any of its subsidiaries, (3) solicit proxies or consents from shareholders of the Disclosing Party (whether or not such solicitation is subject to Regulation 14A under the Exchange Act) or otherwise acquire voting power with respect to any equity securities of the Disclosing Party, (4) form, join or in any way participate in a “group” (within the meaning of Section 13(d)(3) of the Exchange Act) with respect to any voting securities of the Disclosing Party or any of its subsidiaries, (5) propose any person for nomination or election as a director of the Disclosing Party or otherwise seek to include any matter for consideration at a meeting of shareholders of the Disclosing Party, (6) otherwise act, alone or in concert with others, to seek to control or influence the management, the board of directors or policies of the Disclosing Party, including by communicating with the board of directors of the Disclosing Party, management, employees or shareholders of the Disclosing Party to t