Chicago Investments, Inc.
6340 South 0000 Xxxx Xxxxx 000
Xxxx Xxxx Xxxx, Xxxx 00000
Dated as of October 31, 2006
Foam Manufacturing, Inc.
000 Xxxxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxx, Xxx Xxxx 00000
Attention: Xx. Xxxxxxx X. Xxxxxxxx
Re: Senior Secured Promissory Notes
Dear Matt:
Reference is made to that certain Amended and Restated Note Purchase
Agreement dated February 1, 2006 (the "Note Purchase Agreement"), among Foam
Manufacturing, Inc. (the "Company"), Chicago Investments, Inc., individually and
as Agent ("Agent"), and the additional investors party thereto. Reference is
also made to those certain Senior Secured Promissory Notes identified on
Schedule 1 attached hereto and sold and issued to the Investors (as defined in
the Note Purchase Agreement) by the Company (the "Outstanding Notes").
By letter dated April 30, 2006, the "Maturity Date" as defined in the
Outstanding Notes was extended to July 31, 2006, and by letter dated July 31,
2006, was further extended to October 31, 2006. For good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
pursuant to the terms of the Note Purchase Agreement, Agent and the Company
hereby agree that the "Maturity Date" shall be further extended to January 31,
2006. Agent and the Company further agree that Additional Notes (as defined in
the Note Purchase Agreement) issued and sold by the Company from and after the
date hereof pursuant to the Note Purchase Agreement shall have a Maturity Date
of January 31, 2006.
Except as otherwise expressly provided hereby, each of the Outstanding
Notes shall remain in full force and effect strictly according to its terms and,
as extended hereby, each is hereby ratified, confirmed and approved.
If the foregoing is acceptable to you, please sign the enclosed copy of
this letter in the space provided below, whereupon this letter will become an
agreement between us as of the date first above written.
Sincerely,
Chicago Investments, Inc., as Agent
By: /s/ Xxxxxx X. Xxxxxx
------------------------------------
Xxxxxx X. Xxxxxx, President
AGREED AND ACCEPTED:
Foam Manufacturing, Inc.
By:
---------------------------------
Xxxxxxx X. Xxxxxxxx, President
Schedule 1
Original
Investor Date Principal Amount
-------- ---- ----------------
Chicago Investments, Inc. January 11, 2006 $30,000
Chicago Investments, Inc. January 26, 2006 $10,000
Chicago Investments, Inc. February 1, 2006 $85,000
Chicago Investments, Inc. February 1, 2006 $50,000
Chicago Investments, Inc. February 9, 2006 $15,000
Xxxxxxx Xxxxxxxx February 13, 2006 $50,000
Xxxxx X. Xxxxxxxx February 10, 2006 $20,000
Xxxx X. Xxxxxxxx February 28, 2006 $25,000
Chicago Investments, Inc. March 31, 2006 $25,000
Kanter Family Foundation March 31, 2006 $25,000
Xxxxxxx Xxxxxxxx April 4, 2006 $20,000
Chicago Investments, Inc. April 5, 2006 $75,000
Xxxx X. Xxxxxxxx April 5, 2006 $25,000
Chicago Investments, Inc. April 21, 2006 $25,000
Chicago Investments, Inc. May 5, 2006 $25,000
Chicago Investments, Inc. May 11, 2006 $25,000
Chicago Investments, Inc. May 19, 2006 $25,000
CIBC Trust Company (Bahamas) June 7, 2006 $250,000
Limited as Trustee of T-555
Chicago Investments, Inc. September 21, 2006 $50,000
Xxxxxxx Xxxxxxxx September 22, 2006 $25,000
Kanter Family Foundation October 23, 2006 $50,000
