EXTENSION AGREEMENT

EX-10.2 3 dex102.htm EXTENSION AGREEMENT FOR THE SECOND AMENDED AND RESTATED PROMISSORY NOTE Extension Agreement for the Second Amended and Restated Promissory Note

Exhibit 10.2

 

EXTENSION AGREEMENT

 

August 13, 2004

 

Reference is made to that certain Second Amendment and Restated Promissory Note dated October 26, 2001 (the “Note”) between O’Donnell & Masur, L.P. (the “Payee”) and Bestway, Inc. (the “Maker”). All capitalized terms used in the agreement shall have the meanings given such terms in the Note, unless otherwise defined herein.

 

Pursuant to the Note, the current maturity is May 31, 2006. The Payee and the Maker desire to extend the Note maturity until May 31, 2007. Therefore, in consideration of the mutual reliance on the parties hereto, the Payee and the Maker agree that (1) the maturity of the Note is extended to May 31, 2007, unless sooner accelerated pursuant to the provisions of the Note and that (2) all terms and provisions of the Note shall remain in full force and effect and shall govern the rights and obligations of the Payee and the Maker.

 

EXECUTED as of August 13, 2004.

 

O’DONNELL & MASUR, L.P.
By:  

/s/ James A. O’Donnell


    Partner
BESTWAY, INC.
By:  

/s/ Beth A. Durrett


    Chief Financial Officer