EXHIBIT 10.4
AMENDMENT TO AGREEMENT
This Amendment to Agreement ("Amendment") is made as of the 19th day of
February, 2002 by and between Mobile Storage Group, Inc., a California
corporation ("Mobile") and Textainer Equipment Management (U.S.) Limited, a
Bermuda company ("Textainer").
RECITALS
A. Mobile and Textainer entered into that certain Amended and Restated
Agreement, dated as of 25 June 2001 ("Agreement"), which set forth their
arrangement pursuant to which Mobile was to purchase all of the used marine
cargo containers it required from Textainer to the extent Textainer was able to
furnish the same.
B. The parties now wish to amend the Agreement as hereinafter set
forth.
AGREEMENT
1. Capitalized terms not otherwise defined herein shall have the meanings
ascribed to them in the Agreement.
2. The fifth sentence of Section 3.2 is amended to read as follows
Mobile shall pay Textainer the entire amount shown as Container
Price on each invoice within [ * ] after the date of each invoice
therefore.
3. The attached Exhibit B is substituted in lieu and in place of Exhibit B to
the Agreement.
4. Except as provided in this Amendment and the Amendment, all of the terms,
covenants and conditions of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment
as of the day and year first above written.
"MOBILE" MOBILE STORAGE GROUP, INC.,
a California corporation
By: /s/ Xxxxxx Xxxxxxx
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Xxxxxx Xxxxxxx, President
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[Print name and title]
"TEXTAINER" TEXTAINER EQUIPMENT MANAGEMENT
(U.S.) LIMITED, a Bermuda company
By: /s/ Xxxxxx X. Xxxxxx
-----------------------------------
Xxxxxx Xxxxxx, Xx. VP
-----------------------------------
[Print name and title]
* Confidential treatment has been requested with respect to certain information
contained in this document. Confidential portions have been omitted from the
public filing and have been filed separately with the Securities and Exchange
Commission.
