Amendment Two (2) to the GENERAL CONDITIONS OF THE CONTRACT FOR THE PURCHASE OF CHEMICAL AND/OR GAS PRODUCTS OF THE MASTER AGREEMENT FOR THE PURCHASE OF CARBON BETWEEN RED RIVER ENVIRONMENTAL PRODUCTS, LLC SELLER AND SOUTHERN COMPANY SERVICES, INC....
Exhibit 10.63
SCS CONTRACT NO. SCS-28699
Amendment Two (2) to the
GENERAL CONDITIONS OF THE CONTRACT
FOR THE PURCHASE OF CHEMICAL AND/OR GAS PRODUCTS
OF THE
MASTER AGREEMENT FOR THE PURCHASE OF CARBON
BETWEEN
RED RIVER ENVIRONMENTAL PRODUCTS, LLC
SELLER
AND
SOUTHERN COMPANY SERVICES, INC.
BUYER
RECITALS
WHEREAS, effective June 5, 2008 the parties entered into a contract for the purchase and sale of activated carbon (hereinafter “Contract”), and
WHEREAS, the parties now desire to amend such contract:
NOW THEREFORE, for and in consideration of the mutual agreements, promises and covenants herein, the parties hereby agree as follows:
Change the wording in Section 34.8 to read as follows:
34.8 Conditions to Close
This contract is contingent upon the Financial Close of the debt financing for Red River Environmental Products, LLC’s first production line prior to March 27, 2009, and Supplier shall so advise Purchaser when such financing closes, identifying the lead bank. In the event that Supplier fails to close the Financing then this Contract shall terminate and the Parties shall have no further obligation whatsoever to each other.
Except as amended by this Amendment Number One (2), all provisions and terms and conditions of the Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement in their respective corporate names as of the 25th day of February, 2008.
Red River Environmental Products LLC, | Southern Company Services, Inc., | |||||||
(“Supplier”) | (“Purchaser”) | |||||||
By: | /s/ C. Xxxx Xxxxxxx | By: | /s/ Xxxxxx X. Self | |||||
Name: | C. Xxxx Xxxxxxx | Name: | Xxxxxx X. Self | |||||
Title: | Manager | Title: | Sourcing Manager | |||||
Date: | Manager 2/25/09 | Date: | 02/26/2009 |
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