Exhibit 10.9
[CELLSTAR LETTERHEAD]
January 15, 2002
Via Fax: 000-000-0000
Mr. Xxx XxXxxxx
Vice President Sales and Marketing
Cricket Communications, Inc.
00000 Xxxxxxx Xxxxxx Xxxxx
Xxx Xxxxx, XX 00000
Re: Distribution and Fulfillment Services Agreement between Cricket
Communications, Inc. ("Cricket"), successor in interest to Chase
Telecommunications, Inc., and CellStar, Ltd. ("CellStar") effective as of
December 22, 1999, as amended by Amendment No.1 effective September 21,
2001 (the "Agreement").
Dear Xxx:
Section 12 of the above referenced Agreement provides that it will
terminate on December 22, 2001, unless extended by the parties for an additional
twelve (12) months, or unless otherwise extended on terms mutually acceptable to
the parties.
This letter will confirm our mutual agreement to extend the Agreement in
its present entirety for a term ("Extended Term") commencing effective December
22, 2001 and ending on the earlier of (a) the execution of a new agreement to
replace or amend the Agreement, or (b) thirty (30) days after the receipt by
either party of written notice of termination from the other party. It is
acknowledged and agreed that the Inclusive Service Fee (per handset) for the
services listed in items 12) and 2) (excluding Programming) set forth in Exhibit
A to the Agreement was reduced to $[*] in July 2001 and is further reduced to
$[*] effective January 1, 2002.
Please confirm Cricket's agreement with the above by signing below. Kindly
return one executed original via fax to me at fax number 972/000-0000, or to Xxx
XxXxxx at fax number 972/000-0000. Thank you.
AGREED:
Cricket Communications, Inc. CellStar, Ltd.
By: National Auto Center, Inc.
Its General Partner
By: /s/ Xxx XxXxxxx By: /s/ Xxxxxx Xxxx Xxxxxxxxx
---------------- --------------------------
Name: Xxx XxXxxxx Name: Xxxxxx Xxxx Xxxxxxxxx
Title: Vice President Sales & Marketing Title: Sr. Vice President and
General Counsel
THIS AGREEMENT HAS CONFIDENTIAL PORTIONS OMITTED, WHICH PORTIONS HAVE BEEN FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. OMITTED PORTIONS ARE
INDICATED IN THIS AGREEMENT WITH BRACKETS ([*]).
