Termination Agreement between Hoku Scientific, Inc. and Central Pacific Bank (March 29, 2006)
Hoku Scientific, Inc. and Central Pacific Bank agree to terminate their $3,500,000 loan agreement, as no funds were disbursed and no outstanding principal or interest remains. Hoku Scientific requests the release of collateral previously pledged under the related security agreement. Both parties acknowledge the termination and release of collateral as of March 29, 2006.
Exhibit 10.1
March 29, 2006
VIA EMAIL & CERTIFIED MAIL
Central Pacific Bank, a Hawaii corporation
P.O. Box 3590
Honolulu, Hawaii 96811-3590
Attn: | Robert Kamemoto | |
Senior Vice President, Commercial Underwriting |
Dear Mr. Kamemoto:
Pursuant to the Loan Agreement dated June 9, 2005, by and between Hoku Scientific, Inc., a Delaware corporation (the Borrower), and Central Pacific Bank, a Hawaii corporation (the Lender) for the principal amount of $3,500,000 (the Loan Agreement), and the various Loan Documents (as defined in the Loan Agreement), Borrower is hereby giving notice to Lender of Borrowers intent to terminate the Loan Agreement and the Loan Documents.
To date, Borrower has not received any loan amount from Lender; and, therefore no principal or any unpaid interest is outstanding under the Loan Documents. In addition, there has been no occurrence of any Event of Default (as defined in the Loan Agreement). To date, Borrower has made the following payments to Lender:
Description | Amount | |||
Equity Contribution | $ | 100,000.00 | ||
CPB Legal Fees to KDUB&M | 3,567.42 | |||
CPB Inspection Fee | 500.00 | |||
Return of contribution (8/12/05) | (100,000.00 | ) | ||
TOTAL | $ | 4,067.42 | ||
This letter serves as written notice of Borrowers intent to terminate the Loan Agreement and the Loan Documents; and Borrowers request for the release of the Collateral (as defined in the Security Agreement dated June 9, 2005 by and between Lender and Borrower, the Security Agreement) from the security interest created in the Security Agreement.
Please sign below to acknowledge the Lenders agreement that the Loan Agreement is terminated and that the Collateral is released from the security interest created in the Security Agreement. Thank you for your time and attention to this matter.
Sincerely yours,
/s/ Darryl Nakamoto |
Darryl Nakamoto |
Chief Financial Officer |
Acknowledged & agreed on March 29, 2006
CENTRAL PACIFIC BANK | ||
By: | /s/ Robert Kamemoto | |
Name: | Robert Kamemoto | |
Title: | Senior Vice President |