TFC TEXTRON
Exhibit 10.51
TFC TEXTRON
RFC Capital Corporation Subsidiary of Textron Inc. | 11575 Great Oaks Way Suite 210 Alpharetta, Georgia 30022 (770) 360-9600 | |
Robert J. Dysart Senior Account Executive | Direct Dial: (770) 360-1462 Fax: (770) 360-1672 |
April 1, 2003
VIA US. MAIL and
FACSIMILE ###-###-####
Avery Communications, Inc.
ATTN: Thomas C. Ratchford
2700 Patriot Boulevard, Suite 150
Glenview, IL 60025
Re: Waiver of Breach of Receivables Sale Agreement
Dear Mr. Ratchford:
We refer to the Receivables Sales Agreement dated as of December 19, 2001 between HBS Billing Services Company and ACI Billing Services, Inc. (individually and collectively, as Seller and Subservicer) and RFC Capital Corporation (RFC), as Purchaser (the Agreement)
This letter will confirm our recent conversations regarding the Seller and Subservicers violation of Section 4.3(e) of the Agreement. While failure to perform the Seller and Subservicers requirement under this section of the Agreement is a default under the Agreement, RFC has elected not to declare a default and, pursuant to Seller and Subservicers request, RFC waives the covenant default for the Seller and Subservicers fiscal year ending December 31, 2002.
As a reminder, however, RFCs willingness to tolerate a default during any period is not an implied waiver of any of its rights and remedies nor should it be deemed or construed as waiver of any future default under any of the terms of the Agreement. Accordingly, to avoid a misunderstanding, please be advised that RFC retains all of its rights and remedies under the Agreement, including the right to accelerate the Seller and Subservicers obligations after default without notice, with respect to any other or future default under the Agreement.
This letter will also serve as notice that RFC insists on Seller and Subservicers strict
Avery Communications, Inc.
ATTN: Mr. Thomas C. Ratchford
April 1, 2003
Page 2
Compliance with all of the Agreements terms and provisions.
If you have any questions or comments, please feel free to call.
Sincerely,
RFC CAPITAL CORPORATION
Robert J. Dysart, Jr.
Senior Account Executive
cc: Steve Schott