Amendment to Registration Rights Agreement between Tejas Incorporated and Security Holders (August 31, 2005)

Summary

This amendment, dated August 31, 2005, modifies the Registration Rights Agreement originally made on July 1, 2005, between Tejas Incorporated and certain security holders. The parties agree to extend the deadline for Tejas to file a Shelf Registration Statement from 60 days after the original agreement to October 15, 2005. All other terms of the original agreement remain unchanged.

EX-10.9 2 y12491a1exv10w9.txt AMENDMENT TO REGISTRATION RIGHTS AGREEMENT August 31, 2005 Tejas Incorporated 8121 Bee Caves Road Austin, TX 78746 Re: Registration Rights Agreement made as of July 1, 2005 by and among Tejas Incorporated ("Tejas") and the other parties thereto (the "Agreement") Dear Sirs: Reference is hereby made to the Agreement. The undersigned parties to the Agreement hereby waive the requirement in Section 2(a) of the Agreement that Tejas file within 60 days of the Agreement "a Shelf Registration Statement relating to the offer and sale of the Registrable Securities" (and all defined terms are used as defined in the Agreement). The undersigned agree that Tejas shall have until October 15, 2005 to comply with the requirements set forth in Section 2(a) of the Agreement. Except as amended hereby, the Agreement remains in full force and effect. Very truly yours, NISKAYUNA DEVELOPMENT LLC. BY: /s/ Jared E. Abbruzzese, Sr. ----------------------------- Jared E. Abbruzzese, Sr., Mgr. /s/ Wayne Barr, Jr. --------------------------- WAYNE BARR, JR. --------------------------- SHAWN O'DONNELL --------------------------- PATRICK DOYLE --------------------------- JOHN P. BADE ACCEPTED AND AGREED TO AS OF THE DATE FIRST SET FORTH ABOVE: TEJAS INCORPORATED BY: /s/ Kurt J. Rechner ------------------------