February 20, 1997
Alabama Synfuel #1, Ltd.
c/o Covol Technologies, Inc.
0000 Xxxxx Xxxxxxxx Xxxx
Xxxx, Xxxx 00000
Covol Technologies, Inc.
0000 Xxxxx Xxxxxxxx Xxxx
Xxxx, Xxxx 00000
Re: Letter Amendment
Gentlemen:
Reference is made to the Amended and Restated License and Binder
Purchase Agreement, dated as of December 12, 1997 (the "License and Binder
Agreement"), by and among Alabama Synfuel #1, Ltd., as licensor, Covol
Technologies, Inc., as vendor, and Birmingham Syn Fuel, LLC, as licensee.
The parties to the License and Binder Agreement hereby amend the
License and Binder Agreement as follows:
1. Deleting the language "after consummation of the transactions under the
Purchase Agreement upon "Substantial Completion" of the Alabama Project
as defined in the Construction Contract" in Section 3.1 and replacing
such language with "after Licensee has sold an aggregate of * tons of
coal briquettes/extrusions."
2. Deleting the number "*" in all places it appears in Section 3.2 and
replacing all such references with "*."
This letter agreement may be executed in one or more counterparts, all
of which shall be considered one and the same letter agreement.
Very truly yours,
BIRMINGHAM SYN FUEL, LLC
By: /s/ Xxxxxxx Xxxxxx
---------------------
Name: Xxxxxxx Xxxxxx
Title: Vice President
* This exhibit contains confidential material which has been omitted
pursuant to a Confidential Treatment Request and replaced by asterisks. The
omitted information has been filed separately with the Securities and Exchange
Comission.
ACCEPTED AND AGREED TO
AS OF THE DATE FIRST SET
FORTH ABOVE:
ALABAMA SYNFUEL #1, LTD.
By: /s/ Xxxxx X. Xxxx
-------------------------------------
Name: Xxxxx X. Xxxx
Title: President if Its General Partner
COVOL TECHNOLOGIES, INC.
By: /s/ Xxxxx X. Xxxx
------------------------
Name: Xxxxx X. Xxxx
Title: President
* This exhibit contains confidential material which has been omitted
pursuant to a Confidential Treatment Request and replaced by asterisks. The
omitted information has been filed separately with the Securities and Exchange
Comission.
