EXHIBIT 10.8
Amendment to Equipment Finance Agreement
To: Xxxx Xxxxxxx at TLD
Re: $5,200,000 Promissory Note to TLD Funding Group by XXXXX,
Inc. And Advanced Technology Services, Inc.
Dear Xx. Xxxxxxx:
In connection with this matter I want to clarify a point.
Notwithstanding anything to the contrary, it was never the intent of the parties
that TLD would take title to the equipment (as defined in the March 11, 1999
Equipment Finance Proposal between the parties). To the extent that the
documents provide otherwise, we agree that such a provision is in error, has no
force or effect and that the course of dealing between the parties supports
this. I might also point out that such a provision is inconsistent with the
requirement that ATSI must be free to sell the equipment and then deposit
proceeds in the joint account established by TLD and ATSI.
Please return a copy of this letter to me with your signed agreement.
Sincerely,
/s/ Xxxxxx Xxxxx
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Xxxxxx Xxxxx
/s/ Xxxx X. Xxxxxxx
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Agreed
