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Exhibit 10.2
AMENDMENT TO COMMON STOCK PURCHASE
WARRANT
THIS AMENDMENT NO. 1 TO COMMON STOCK
PURCHASE WARRANT (this “ Amendment ”) is entered
into as of August 11, 2009 by and among Hythiam, Inc., a Delaware
corporation (the “ Company ”) and HIGHBRIDGE
INTERNATIONAL LLC (“ Holder
”). Capitalized terms used but not defined herein
shall have the meanings ascribed to such terms in the Warrant (as
defined below).
WHEREAS, Company and Holder entered into that
certain Securities Purchase Agreement dated November 6, 2007 (the
“ Stock Agreement ”), pursuant to which Holder
purchased a total of Five Hundred Forty Thousand One Hundred
Eighty-Eight (540,188) Warrant Shares (as defined in the Stock
Agreement);
WHEREAS, in connection with the Stock Agreement,
Company executed that certain Common Stock Purchase
Warrant dated November 6, 2007 (the “ Warrant ”)
granting Holder the right to purchase up to Five Hundred Forty
Thousand One Hundred Eighty-Eight (540,188) shares of common stock
of the Company; and
WHEREAS, pursuant to Section 5(l) of
the Warrant, each of the parties hereto desire to amend the Warrant
as set forth herein.
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