Professional Memo
Exhibit 99.34
Memo
To: Xxx Xxxxxxxxx, Xxx Xxxxxxxx
From: Xxxx Xxxxxxxx
CC:
Date: 4/12/00
Re: First Amendment to the "Equipment Lease" Between Trinity Products Group and Pittsfield
Mold & Tool Dated November 15, 1999 - Equipment Description: Nissei Model FV9100-400L, SN
591V003, 720 Ton
Please indicate your acceptance of the following First Amendment to the Equipment Lease dated
November 15, 1999 as referenced above by signing where indicated and returning to me, via fax, at
your earliest convenience.
FIRST AMENDMENT TO EQUIPMENT LEASE
This First Amendment to Equipment Lease (this "Amendment") is made as of February 28th, 2000
among Pittsfield Mold & Tool, Inc. ("Lessee"), a Massachusetts corporation, United Xxxxxxx
Corporation ("Guarantor"), a Colorado corporation, and Trinity Products Group ("Lessor"), a
Tennessee Limited Liability Company. Capitalized terms used herein which are not defined herein
and which are defined in the Equipment Lease (hereinafter defined) shall have the same meanings
as defined in the Equipment Lease.
WHEREAS, Lessor, Lessee and Guarantor entered into an Equipment Lease dated as of November
15, 1999 (the "Lease");
WHEREAS, time was of the essence in executing the Lease and allowing Xxxxxx to receive delivery
of said Equipment in order for Lessee to manufacture a new product award for an existing client.
NOW, THEREFORE, in consideration of the foregoing recitals, the agreements of the parties
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
1. The definition of "Payment Terms" contained in the Lease is hereby deleted in its entirety and
the following definition is inserted in its place and stead:
"Payment Terms" shall mean: The Lessee shall make 34 payments of $7,975.12 each. Payments
shall be due on the 15th day of each month, with the first payment due on December 15, 1999. The
lease payments shall be due whether or not the Lessee has received notice of a payment due. All
payments shall be made by Lessor either receiving a check from Lessee or by directly debiting any
bank account of, and as identified from time to time, by Xxxxxx, either at the option of Lessor.
Xxxxxx hereby authorizes Lessor to so charge Xxxxxx's bank account therefore. Lessee represents that
any bank account information provided to Lessor is true and correct. Xxxxxx agrees to execute and
deliver to Lessor any written instrument as may be required by its bank. Payments due other than
by direct debit shall be made to Xxxxxx's address set out in this Lease or such other place as Lessor
may specify. A down payment of $31,152.27 shall be due and payable at the effective date of the
lease as stated herein.
2. The definition of "Lease Term" contained in the Lease is hereby deleted in its entirety and the
following definition is inserted in its place and stead:
"LEASE TERM" shall mean: This Lease shall begin on the above effective date and shall terminate
on September 15, 2002, unless otherwise terminated in a manner consistent with the terms of this
Lease.
3. This Amendment shall be and become effective as of the date hereof when the Lessor shall have
received this Amendment, duly executed by Xxxxxx and Guarantor, via facsimile.
4. This Amendment may be executed by the parties hereto in several counterparts, each of which
shall be deemed an original and all of which shall constitute together but one and the same
agreement.
5. Except as expressly amended hereby, the Lease shall remain in full force and effect in accordance
with its terms.
Pittsfield Mold & Tool, Inc.
By:___________________________________________________
Xxx Xxxxxxxx
President
United Xxxxxxx Corporation
By:___________________________________________________
Xxxxxx X. Xxxxxxxxx
President
