FIRST AMENDMENT TO MANAGEMENT SERVICES AGREEMENT
Exhibit
10.2
FIRST
AMENDMENT TO MANAGEMENT SERVICES AGREEMENT
THE FIRST
AMENDMENT TO MANAGEMENT SERVICES AGREEMENT is made this day of
January, 2009, by and between HARDY CREDIT COMPANY, a Pennsylvania limited
partnership (the “Company”), and 84 LUMBER COMPANY, a Pennsylvania Limited
Partnership, a Pennsylvania limited partnership (“Manager”)
WITNESSETH:
WHEREAS,
Company and Manager executed that certain Management services Agreement dated as
of January 1, 2007 (the “Agreement”); and
WHEREAS, Company and Manager desire to
amend and modify certain provisions of the Agreement as hereinafter
provided.
NOW THEREFORE, in consideration of the
Agreement and the terms and conditions contained herein, the parties hereto
hereby agree as follows:
1. Preamble. The
foregoing recitals are true and correct and are incorporated herein by this
reference. All capitalized but undefined terms used herein shall have the same
meaning as used in the Agreement.
2. Compensation. Paragraph
5 (a) of the Agreement is hereby amended to provide that the Base Management Fee
shall be increased to an amount equal to $5,000 per month commencing January 1,
2009.
3. Counterparts;
Facsimiles. This First Amendment may be executed in
counterparts, each of which (or any combination of which) when signed by all of
the parties shall be deemed an original, but all of which when taken together
shall constitute one agreement. Executed copies hereof may be
delivered by facsimile or e-mail and upon receipt shall be deemed originals and
binding upon the parties hereto, and actual originals shall be promptly
delivered.
4. Full Force &
Effect. Except as specifically modified in this First
Amendment all terms and conditions of this Agreement shall remain in full force
and effect.
[SIGNATURE
PAGE FOLLOWS]
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IN
WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS FIRST AMENDMENT ON THE DATES
INDICATED BELOW:
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The
Company
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Hardy
Credit Co., L.P.
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By:
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/s/ Xxxxxxxx X.
Xxxxxxx
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Its:
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Xxxxxxxx
X. Xxxxxxx
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President
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Manager
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84
Lumber Company
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By
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/s/ Xxxxxx X. Xxxxxxx
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Xxxxxx
X. Xxxxxxx
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Chief
Financial Officer
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