Extension Agreement to Financial Advisory Services Letter Agreement between DLJ Merchant Banking II, Inc. and Mueller Holdings (N.A.), Inc. and Mueller Group, Inc.

Summary

This agreement, dated September 23, 2004, extends the engagement period of a prior financial advisory services agreement between DLJ Merchant Banking II, Inc. and Mueller Holdings (N.A.), Inc. and Mueller Group, Inc. The extension lasts until August 15, 2009, or until DLJ Merchant Banking Funds own less than 50% of the company, whichever comes first. The company is no longer required to use Credit Suisse First Boston, LLC as its exclusive advisor for certain transactions after August 2004 and may choose another institution for such services.

EX-10.7.2 4 a05-21836_4ex10d7d2.htm EX-10.7.2

Exhibit 10.7.2

 

CREDIT

 

First Boston

CSFB PRIVATE EQUITY, INC.

 

SUISSE

 

Private Equity

 

 

 

Eleven Madison Avenue

Tel     ###-###-####

 

New York, NY 10110-3629

www.csfb.com

 

 

 

 

 

 

 

September 23, 2004

 

 

 

Mueller Holdings (N.A.), Inc.

Mueller Group, Inc.

500 West Eldorado Street

Decatur, IL ###-###-####

Attention: Darrell Jean

 

Ladies and Gentlemen:

 

Reference is hereby made to that certain letter agreement dated July 23, 1999 (as amended heretofore, the “Letter Agreement”) between DLJ Merchant Banking II, Inc., as successor in interest to Donaldson, Lufkin & Jenrette Securities Corporation, (“DLJMB”) and each of you (collectively, the “Company”) pursuant to which the Company pays certain fees to DLJMB for financial advisory services.

 

Please acknowledge below our agreement that the Engagement Period (as defined in the Letter Agreement) is hereby extended until the earlier of (i) August 15, 2009 and (ii) the date that the DLJ Merchant Banking Funds no longer own in aggregate more than 50% of the equity of the Company or any successor thereto (whether by merger, consolidation, securities purchase or otherwise).  Such extension shall apply to each other provision of the Letter Agreement except for the Company’s obligation to engage Credit Suisse First Boston, LLC, as the Company’s exclusive financial advisor, placement agent, initial purchaser, managing underwriter or dealer manager with respect to any Transaction (as defined in the Letter Agreement), which provision shall expire in accordance with the terms of the initial Letter Agreement in August 2004.  The Company shall therefore have the right to select such institution as the Company deems appropriate to act in connection with any Transaction.

 

 

DLJ Merchant Banking II, Inc.

 

 

 

 

 

By:

 

/s/

Michael Isikow

 

 

 

 Name:

Michael Isikow

 

 

 Title:

Director

 



 

Acknowledged by:

 

 

Mueller Holdings (N.A.), Inc.

 

 

By:

/s/

Walter A. Smith

 

 

Name:  Walter A. Smith

 

Title:

Treasurer

 

Mueller Group, Inc.

 

 

By:

/s/

Walter A. Smith

 

 

Name:

Walter A. Smith

 

Title:

Treasurer