Amendment No. 1 to Master Agreement for Purchase of Activated Carbon between Red River Environmental Products, LLC and Southern Company Services, Inc.

Contract Categories: Business Finance › Modification Agreements
Summary

This amendment updates the original contract between Red River Environmental Products, LLC (the seller) and Southern Company Services, Inc. (the buyer) for the purchase of activated carbon. The amendment makes the contract contingent on Red River Environmental Products, LLC securing debt financing for its first production line by February 28, 2009. If the financing does not close by that date, the contract will terminate with no further obligations for either party. All other terms of the original agreement remain unchanged.

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EX-10.58 2 dex1058.htm AMENDMENT TO THE MASTER AGREEMENT FOR THE PURCHASE OF ACTIVATED CARBON Amendment to the Master Agreement for the Purchase of Activated Carbon

Exhibit 10.58

SCS CONTRACT NO. SCS-28699

Amendment One (1) to the

GENERAL CONDITIONS OF THE CONTRACT

FOR THE PURCHASE OF CHEMICAL AND/OR GAS PRODUCTS

OF THE

MASTER AGREEMENT FOR THE PURCHASE OF CARBON

BETWEEN

RED RIVER ENVIRONMENTAL PRODUCTS, LLC

SELLER

AND

SOUTHERN COMPANY SERVICES, INC.

BUYER

RECITALS

WHEREAS, effective June 5, 2008 the parties entered into a contract for the purchase and sale of activated carbon (hereinafter “Contract”), and

WHEREAS, the parties now desire to amend such contract:

NOW THEREFORE, for and in consideration of the mutual agreements, promises and covenants herein, the parties hereby agree as follows:

Change the wording in Section 34.8 to read as follows:

 

34.8 Conditions to Close

This contract is contingent upon the Financial Close of the debt financing for Red River Environmental Products, LLC’s first production line prior to February 28, 2009, and Supplier shall so advise Purchaser when such financing closes, identifying the lead bank. In the event that Supplier fails to close the Financing then this Contract shall terminate and the Parties shall have no further obligation whatsoever to each other.

Except as amended by this Amendment Number One (1), all provisions and terms and conditions of the Agreement shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the Parties have duly executed this Agreement in their respective corporate names as of the 17th day of December, 2008.

 

Red River Environmental Products LLC,      Southern Company Services, Inc.,
(“Supplier”)      (“Purchaser”)
By:  

/s/ C. Jean Bustard

      By:  

/s/ Robert C. Self

Name:   C. Jean Bustard      Name:   Robert C. Self
Title:   Manager      Title:   Sourcing Manager
Date:   12/17/08      Date:   12/19/2008

 

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