CRT CAPITAL GROUP LLC
Exhibit 99.6
CRT CAPITAL GROUP LLC
000 Xxxxxx Xxxxx Xxxxxxxx, XX 00000
February 13, 2007
Nomura Credit & Capital, Inc.
2 World Financial Center, 21st floor
Xxx Xxxx, XX 00000
Attn: Xx. Xxxxxx Xxxxxx
XxXxxxx Xxxxx LLP, as Escrow Agent
0000 Xxxxxx xx xxx Xxxxxxxx, 0xx Xxxxx
Xxx Xxxx, XX 00000
Attn: Xxxxx X. Xxxxx, Esq.
Gentlemen:
We refer to the Stock Purchase Agreement, dated as of January 19, 2007 (the “Agreement”), by and between Nomura Credit & Capital, Inc., CRT Capital Group LLC and XxXxxxx Xxxxx LLP. (Certain defined terms used in this letter are used as defined in the Agreement.) This letter amends the Agreement as set forth below:
1. The Purchase Amount set forth in Section 1.1 of the Agreement shall be Fourteen Million Five Hundred Seventy Five Thousand Dollars ($14,750,000).
2. Notwithstanding the provisions of Section 1.2 of the Agreement, the parties to the Agreement waive any right provided by the Agreement to delay the consummation of the sale and purchase of the Warrant Shares until the effectiveness of the Registration Statement. Within one day after the date hereof, the Buyer will deposit with the Escrow Agent cash in the amount of $1,500,000 which the Buyer and the Escrow Agent agree is the difference between $14,750,000 and the amount of the original Purchase Amount, which the Buyer has already deposited with the Escrow Agent. Once such deposit has been made, the Seller shall immediately make the deliveries referred to in Section 1.2 of the Agreement.
3. Notwithstanding the last sentence of Section 1.2 of the Agreement, the Escrow Agent shall deliver to the Seller the sum of Six Million Dollars ($6,000,000), which amount represents the amended Purchase Amount less the exercise price for the Warrant Shares being purchased.
4. The parties agree that Section 4.1 of the Agreement shall be deleted.
Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its original terms.
If you are in agreement with the foregoing, please indicate acceptance of this amendment by signing the enclosed counterparts of this letter and returning it to us, whereupon this letter shall constitute a binding amendment to the Agreement.
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Your sincerely, |
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CRT Capital Group LLC |
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By: |
/s/ Xxxx Xxxxxx |
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Name: Xxxx Xxxxxx |
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Title: Chief Financial Officer |
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Accepted and agreed to: |
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Nomura Credit & Capital, Inc. |
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By: |
/s/ Xxxxxx Xxxxxx |
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Name: Xxxxxx Xxxxxx |
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Title: Director |
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XxXxxxx Xxxxx LLP |
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By: |
/s/ Xxxxxx X. Xxxxxxxxx |
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Name: Xxxxxx X. Xxxxxxxxx |
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Title: Associate |
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cc: |
Sidley Austin LLP |
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Xxx X. Xxxxxxxx Xx. |
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Xxxxxxx, XX 00000 |
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Attn.: Xxxx X. Xxxxx |
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Xxxxxxx Xxxx & Xxxxxxxxx LLP |
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000 Xxxxxxx Xxxxxx |
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Xxx Xxxx, XX 00000 |
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Attn.: Xxxxxxx X. Xxx |
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