HARBERT MEZZANINE PARTNERS II, L.P.
Exhibit Q
XXXXXXX MEZZANINE PARTNERS II, L.P.
000 Xxxxxx Xxxxxx, Xxxxx 000
Xxxxxxxxx, XX 00000
September 25, 2007
BBAC, LLC
0000 Xxxxxxxxx Xxxx, XX
Xxxxx 0000
Xxxxxxx, XX 00000
Re: | Letter Agreement dated June 7, 2007 among BBAC, LLC (“BBAC”) and Xxxxxxx Mezzanine Partners II, L.P. (together with certain of its affiliates selected by Xxxxxxx Mezzanine Partners II, L.P. in its sole discretion, collectively “Xxxxxxx”) with respect to the (i) commitment for up to $7,000,000 senior subordinated second lien term notes and (ii) equity co-investment of up to $1,000,000 in BBAC (the “Commitment Letter”). |
Ladies and Gentlemen:
Reference is made to the Commitment Letter and the Term Sheet referenced therein, dated June 7, 2007, by Xxxxxxx and accepted by BBAC. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned thereto in the Commitment Letter.
You have requested, and Xxxxxxx hereby agrees, that the Commitment Letter and the Term Sheet each be amended by extending the expiration dates set forth therein. The Commitment Letter is hereby amended by replacing the reference to “September 30, 2007” appearing in the seventh paragraph of the Commitment Letter set forth on page three of the Commitment Letter to “October 31, 2007”. The Term Sheet is hereby amended by changing the reference to “September 30, 2007” appearing in the section entitled “Collateral” set forth on page three of the Term Sheet to “October 31, 2007”.
This letter shall become a binding agreement upon execution effective as of September 30, 2007 by each of the BBAC and Xxxxxxx. This letter may be signed in one or more counterparts (which may be by facsimile transmission).
This letter shall be governed by laws of the State of New York.
Except as modified hereby, the terms of the Commitment Letter, the Term Sheet and the Working Fee Letter remain in full force and effect.
[Signature Pages Follow]
Very truly yours, | ||||
XXXXXXX MEZZANINE PARTNERS II, L.P. | ||||
By: | HMP II SBIC GP, LLC, its General Partner | |||
By: | Xxxxxxx Mezzanine Partners II GP, LLC, its Sole Manager | |||
By: | Xxxxxxx Mezzanine Manager II, Inc., its Sole Manager | |||
By: | /s/ X. Xxxxx Xxxxxx | |||
Name: | X. Xxxxx Xxxxxx | |||
Title: | Director of Investments |
Accepted and agreed to as of
the date first written above by:
BBAC, LLC | ||
By: | /s/ Xxxx Xxxxxxx | |
Name: | Xxxx Xxxxxxx | |
Title: | Managing Member and Chairman of the Board of Managers |