our projected revenues, earnings or earnings per share, as well as managements short-term and long-term performance goals
EX-10.39 8 c49908exv10w39.htm EX-10.39 exv10w39
Exhibit 10.39
March 5, 2009
Cummins Inc.
One American Square, Suite 1800
Indianapolis, Indiana 46282
Attention: Marya M. Rose, Vice President, General Counsel
and Corporate Secretary
One American Square, Suite 1800
Indianapolis, Indiana 46282
Attention: Marya M. Rose, Vice President, General Counsel
and Corporate Secretary
| Re: | Extension of Standby Purchase Commitment |
Dear Marya:
This letter memorializes the agreement to modify the Standby Purchase Agreement between Cummins Inc. (“Cummins”) and Irwin Financial Corporation (“IFC”) dated as of October 13, 2008 (the “Agreement”) in order to extend its outside expiration date to April 30, 2009.
By signing this letter in the space provided below, Cummins and IFC agree that the reference to “December 31, 2008” in Section 12(a)(i) of the Agreement is hereby changed to “April 30, 2009.” Except for this date change, the Agreement remains unmodified and in full force and effect.
Please confirm that the foregoing correctly sets forth our agreement by signing this letter in the space provided below.
| Sincerely, IRWIN FINANCIAL CORPORATION | ||||
| By: | /s/ William I. Miller | |||
| William I. Miller, Chairman and CEO | ||||
Agreed as of the date first written above:
CUMMINS INC.
By: Its: | /s/ Theodore M. Solso |
