Extension Letter to Stock Purchase Agreement between Select Energy Services, Inc. and Ameresco, Inc.
This letter agreement, dated March 31, 2006, is between Select Energy Services, Inc. and Ameresco, Inc. It extends the deadline for either party to terminate their Stock Purchase Agreement from 60 to 90 days after the original agreement date. The extension is intended to allow more time for the closing of the transaction, following the issuance of an Offering Memorandum related to refinancing. Both parties must agree to this extension by signing the letter.
Exhibit 10.36.2
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 31, 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). By prior letter agreement, the right to terminate under this section was extended for an additional 30 days. Now that the Offering Memorandum has been issued with respect to the refinancing of SESI's debt and we have a more well established timetable, it makes sense to extend this deadline an additional 30 days to encompass the expected closing of our transaction. In other words, neither party would have the right to terminate under Section 10.01(d)(i) of the SPA until 90 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
