Extension Letter to Stock Purchase Agreement between Select Energy Services, Inc. and Ameresco, Inc.
This letter agreement, dated March 1, 2006, is between Northeast Utilities Service Company (on behalf of Select Energy Services, Inc.) and Ameresco, Inc. It extends the deadline for either party to terminate the Stock Purchase Agreement (SPA) from 30 days to 60 days after the agreement date, due to ongoing refinancing efforts. Both parties agree that neither can terminate the SPA under Section 10.01(d)(i) until the new 60-day period has passed. The letter is signed by representatives of both companies.
Exhibit 10.36.1
NU LOGO
Northest Utilities Service Company | |
107 Selden Street, Berlin, CT 06037 | |
P. O. Box 270 | |
Hartford, CT 06141-0270 | |
Tel: (860) 665-2440 | |
Fax: (860) 665-2330 | |
John Roman | |
March 1, 2006
Andrew Spence
Ameresco, Inc.
111 Speen Street
Suite 410
Frarningham, MA 01701
Re:
Stock Purchase Agreement, dated February 1, 2006, between Select Energy Services, Inc. and Ameresco, Inc. (SPA)
Dear Andrew:
Section 10.01(d)(i) of the SPA provides the right for either party to the agreement to terminate if the Closing has not occurred by March 3, 2006 (30 days). Based upon the current direction of our refinancing efforts, we believe it makes sense for the right to terminate under this section to be extended for an additional 30 days. In other words, neither party would have the right to terminate under Section 10.01(d)(i) of the SPA until 60 days has lapsed from the date of the agreement. If you agree, please have. an appropriate representative from your organization execute the letter. If you have any questions, please don't: hesitate to contact me.
Sincerely yours, | |
/s/ John Roman | |
John Roman | |
Director of Accounting, NUEI |
Agreed and accepted by:
/s/ Andrew B. Spence
Name: Andrew B. Spence
Title: VP/CFO
cc:
Tim Huckaby, FMI
Peter Brown, NU
Lane Watson, DBH