Exhibit 10.08
ASB WALLKILL, LLC
Post Office Box 429
Middletown, NY 10940
November , 2003
Xxxxxxx Xxxxxx, President
RAL Purchasing Corp. 000
Xxxxxxx Xxxx
Xxxxxxxxx, XX 00000
Re: ASB Walkill, LLC, as Landlord
RAL Purchasing Corp., as Tenant
Premises located at 00 Xxxxxxx Xxxx,
Xxxxxxxxxx, Xxxxxx Xxxxxx, Xxx Xxxx
("The RAL Middletown Store")
Lease dated May 1, 1998
(the "Lease Agreement")
First Lease Modification dated
December 30, 2003 (the "First Lease
Modification")
Dear Xx. Xxxxxx:
With regard to the above lease which was assigned to RAL Purchasing Corp.
("Tenant" or "Buyer") by The RAL Supply Group, Inc., n/k/a RSG, Inc. ("Seller")
it is hereby understood and agreed that the Lease Agreement and First Lease
Modification are hereby modified and amended as follows (capitalized terms not
defined herein or in the Lease Agreement and First Lease Modification are
defined in or refer to the Asset Purchase Agreement (the "Agreement") dated
September 5, 2003 among Buyer, Seller and certain other parties):
1. Leased Premises
---------------
Commencing as of December 1, 2003, the Leased Premises more particularly
described on Schedule "A" annexed to the Lease Agreement is hereby amended
to provide that the office suite with a private entrance facing Xxxxxxx
Road is specifically included (rather than excluded) as part of the Leased
Premises together with the furniture and furnishings located therein (but,
however, specifically excluding equipment, e.g., computers, printers, etc.)
2. Covenant to Pay Rent
--------------------
Commencing December 1, 2003, Section 1.5 of the Lease Agreement is hereby
amended to provide that the Annual Fixed Rent is increased by the sum of
$22,500.00 per year ($1,875.00 per month) throughout the term of the Lease
Agreement and any extensions or renewals thereof.
Except as otherwise provided herein, all of the terms and conditions of the
Lease Agreement and First Lease Modification shall remain in full force and
effect.
If this comports with your understanding, kindly sign below.
Sincerely, Agreed and Accepted:
ASB Wallkill, LLC RAL Purchasing Corp.
By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxxxx Xxxxxx
-------------------------- -------------------------
Xxxxx X. Xxxxxx, President Xxxxxxx Xxxxxx, President
