Amendment to Letter Agreement dated August 25, 2008 between Electronic Day Trader, Inc., Richard Buccellato and Michael Galvis
Exhibit 10.20
Amendment to Letter Agreement dated August 25, 2008
between
Electronic Day Trader, Inc., Xxxxxxx Xxxxxxxxxx and
Xxxxxxx Xxxxxx
between
Electronic Day Trader, Inc., Xxxxxxx Xxxxxxxxxx and
Xxxxxxx Xxxxxx
This
Letter Agreement is made and entered by and between Electronic Day Trader, Inc.
(“EDT”), Xxxxxxx Xxxxxxxxxx (“Xxxxxxxxxx’) and Xxxxxxx Xxxxxx (“Xxxxxx”), collectively referred
to herein as the “Parties”, Whereas, the Parties entered
into a Letter Agreement (“Letter
Agreement”) that was dated August 25, 2008 as amended on May 5, 2009.
Whereas,
EDT, Xxxxxxxxxx and Xxxxxx wish to modify terms to the
August 25, 2008 Letter Agreement as
amended May 5, 2009.
Now therefore, the Parties agree in the following amendment which shall supersede and replace
the language contained in the May 5, 2009 Amendment:
Paragraph 2.
Line of Credit, subparagraph b. of the Letter Agreement shall be amended to read:
The
term “Line of Credit” will now be known as “Note
Payable”. The Parties hereto agree and
acknowledge that NYTEX Energy Holdings, Inc. (“NYTEX”) shall be responsible for and shall
pay in full the current remaining outstanding balance of One Hundred Ninety Five Thousand
dollars and no/100s ($195,000.00) and all accrued monthly interest on the outstanding balance
of the note. A payment in the amount of $3,000.00 plus interest will
be paid monthly for
eighteen months (18 months) beginning March 1, 2010 with the monthly payments ending on
September 1, 2011. The principal amount will bear an interest rate of 6% per annum of the
outstanding balance. At the end of the eighteen month period, the remaining balance will be
paid in one lump sum. At any time prior to September 1, 2011,
NYTEX shall have the right to
pay any portion or all of the outstanding balance without penalty. In addition to the $3,000
plus interest monthly payments, upon funding of NYTEX’s expanded Business Plan reaching a
total of $6 million, NYTEX will pay at the end of each full subsequent quarter an amount
equal to 5% of the funds raised above the $6 million dollar business plan funding amount
until such time the note payable is paid in full.
EXECUTED
AND EFFECTIVE on the 2/18/10 day of February, 2010.
/s/ Xxxxxxx Xxxxxx
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Individually and as CEO and President of NYTEX Energy Holdings, Inc.
/s/ Xxxx Xxxxx |
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By: Xxxx Xxxxx |
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Its: President |
/s/
Xxxxxxx Xxxxxxxxxx
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Individually and as Attorney in Fact for Electronic Day Trader, inc.