ETHANEX ENERGY, INC. 14500 Parallel Road, Suite A Basehor, KS 66007 March 23, 2008
00000
Xxxxxxxx Xxxx, Xxxxx X
Xxxxxxx,
XX 00000
March
23,
2008
Via
Facsimile
Midwest
Renewable Energy, LLC
0000
Xxxxx Xxxxxx, Xxxxx 000
Xxxxx,
XX
00000
Fax: (000)
000-0000
Attention:
|
Xxxxx
Jandrian, CPA
|
Xxxxx
X. Xxxxxx
|
Dear
Xxx
and Xxxxx:
Reference
is made to that certain Asset Purchase Agreement, dated February 10, 2008,
by
and among Midwest Renewable Energy, LLC, a Nebraska limited liability company,
Ethanex Energy, Inc., a Nevada corporation (“Ethanex”),
Ethanex Xxxxxxxxxx Land, LLC, a Delaware limited liability company, Ethanex
Xxxxxxxxxx, LLC, a Delaware limited liability company, Ethanex Phase I, LLC,
a
Delaware limited liability company, Ethanex Phase II, LLC, a Delaware limited
liability company, and Ethanex Phase III, LLC, a Delaware limited liability
company, as the same was amended by that certain First Amendment, dated March
11, 2008 (the “Asset
Purchase Agreement”).
Pursuant to Section 12(a)(viii) of the Asset Purchase Agreement, Ethanex hereby
terminates the Asset Purchase Agreement, effective immediately, because it
has
been unable to obtain interim financing of at least $1.5 million and has not
entered into a legally binding agreement pursuant to which it would have
available to it interim financing of at least $1.5 million.
Sincerely,
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||
By:
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/s/
Xxxxxx X. Xxxxx, III
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|
Xxxxxx
X. Xxxxx, III
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President
and Chief Executive Officer
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cc:
Xxxxx
Xxxxx
XxXxxxx
North Xxxxxx & Xxxxx, PC LLO
First
National Tower, 0000 Xxxxx Xxxxxx, Xxxxx 0000
Xxxxx,
XX
00000
Fax: (000)
000-0000
Xxxx
Director
Xxxxxxxx
& Xxxxx LLP
000
00xx
Xxxxxx, XX, Xxxxx 0000
Xxxxxxxxxx,
XX 00000
Fax: (000)
000-0000