Extension Agreement to Financing Engagement between Macquarie Capital Markets Canada Ltd. and Refinery Science Corp.
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Summary
Macquarie Capital Markets Canada Ltd. and Refinery Science Corp. have agreed to extend the term of their original financing engagement agreement, which was set to expire on December 31, 2007. The new expiration date is February 28, 2008. Both parties confirm this extension by signing the letter, and all other terms of the original agreement remain unchanged. This extension allows Macquarie to continue its engagement with Refinery Science Corp. for the additional period specified.
EX-10.9 12 v101284_ex10-9.htm
EXHIBIT 10.9
Macquarie Capital Markets Canada Ltd.
| 181 Bay Street Brookfield Place, Suite 3100 P.O. Box 830 Toronto, Ontario M5J 2T3 CANADA | Telephone Facsimile Internet | +1 ###-###-#### +1 ###-###-#### www.macquarie.com |
15 January 2008
| STRICTLY CONFIDENTIAL | |
| Refinery Science Corp. 500 W. University Ave. 419 Burges Hall El Paso, TX ###-###-#### | |
| Attention: Mr David Rendina | |
| President and Chief Executive Officer |
Dear Sir,
Financing Engagement Agreement - Extension of Engagement
We refer to the Engagement Agreement entered into by Refinery Science Corp. and Orion Securities Inc. (now known as Macquarie Capital Markets Canada Ltd.) (“Macquarie”) on August 22, 2007 (the “Engagement Agreement”).
Capitalized expressions used in this letter have the meanings set out in the Engagement Agreement, unless otherwise stated.
Pursuant to clause 13 of the Engagement Agreement, Macquarie’s engagement was due to expire on December 31, 2007. The parties now wish to confirm in writing their agreement to extend the term of the engagement until February 28, 2008. By signing this letter below each of the Company and Macquarie confirm their agreement to vary clause 13 of the Engagement Agreement by deleting the words “December 31, 2007” and substituting “February 28, 2008”.
Would you please confirm your agreement to the terms of this extension letter by signing a copy of this letter and returning an original to us (Attention: Scott P. Hayduk, facsimile number ###-###-####).
We look forward to working with you towards a successful conclusion to the Offering.
Yours sincerely
Macquarie Capital Markets Canada Ltd.
| Lee A. Pettigrew | Scott Hayduk |
| Managing Director | Vice President |
| Macquarie Capital Advisers | Macquarie Capital Advisers |
Macquarie Capital Markets Canada Ltd. is not an authorised deposit-taking institution for the purposes of the Banking Act 1959 (Commonwealth of Australia), and Macquarie Capital Markets Canada Ltd.'s obligations do not represent deposits or other liabilities of Macquarie Bank Limited ABN 46 008 583 542. Macquarie Bank Limited does not guarantee or otherwise provide assurance in respect of the obligations of Macquarie Capital Markets Canada Ltd.
| Macquarie Capital Markets Canada Ltd. | 2 |
Accepted for and on behalf of Refinery Science Corp.:
Signature:___________________________________________
Name:______________________________________________
Title:_______________________________________________
Date:_______________________________________________
(The Signatory warrants that he/she is duly authorised by Refinery Science Corp. to enter into this agreement on its behalf).
