August 28, 1997
Alabama Synfuel #1, Ltd.
c/o Covol Technologies, Inc.
0000 Xxxxx Xxxxxxxx Xxxx
Xxxx, Xxxx 00000
Covol Technologies, Inc.
0000 Xxxxx Xxxxxxxx Xxxx
Xxxx, Xxxx 00000
Re: Letter Amendment
Gentlemen:
Reference is made to the Alabama Project Purchase Agreement, dated as
of March 20, 1997, by and among Alabama Synfuel #1 Ltd. and Covol Technologies,
Inc., as sellers and Birmingham Syn Fuel, LLC, as buyer, as amended by letter
agreements dated as of June 27, July 7, and August 28, 1997, respectively, as
the same may be further amended, supplemented or otherwise modified from time to
time (the "Purchase Agreement"). Capitalized terms used herein shall have the
meanings ascribed thereto in the Purchase Agreement.
The parties hereto hereby amend the Purchase Agreement by:
a. Inserting the language "and each other Transaction Document"
immediately following the word "Agreement" in the third line
of Section 7.1(c) thereof;
b. Deleting the following language in clause (i) of Section 8.1
thereof "satisfaction or waiver of the condition set forth in
Section 7.1(i) hereto", and inserting in its place the
following language "'Date of Substantial Completion' as
defined in the Construction Contract"; and
c. Deleting Sections 8.2(d) and (e) thereof in their entirety.
This letter agreement may be executed in one or more counterparts, all
of which shall be considered one and the same letter agreement.
COVOL TECHNOLOGIES, INC.
By:/s/ Xxxxxxx X. Xxxxxxx
-----------------------
Name: Xxxxxxx X. Xxxxxxx
Title: CEO
ALABAMA SYN FUEL #1 LTD.
By:/s/ Xxxxxxx X. Xxxxxxx
---------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: CEO of Covol, General Partner
BIRMINGHAM SYN FUEL, L.L.C.
By: /s/ Xxxxxxx Xxxxxx
---------------------
Name: Xxxxxxx Xxxxxx
Title: Vice President
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