Exhibit 10.52
ARI / ARL RENT AND BUILDING SERVICES
EXTENSION AGREEMENT
ARI / ARL RENT AND BUILDING SERVICES
EXTENSION AGREEMENT (this “ Extension Agreement
”) made this 22nd day of February 2008, between AMERICAN
RAILCAR INDUSTRIES, INC., a Delaware corporation (“
ARI ”), and AMERICAN RAILCAR LEASING LLC, a Delaware
limited liability company (“ ARL ”), effective
as of December 31, 2007 (the “ Effective Date
”).
RECITALS
WHEREAS, ARI and ARL are parties to
that certain Services Agreement dated as of April 1, 2005, as
amended June 30, 2005 (the “ Transitional Services
Agreement ”), pursuant to which among other things ARL
agreed to provide ARI the ARL Services (as defined in the
Transitional Services Agreement), which included, among other
services being provided by ARL to ARI, the Rent and Building
Services (as defined in the Transitional Services Agreement);
WHEREAS, pursuant to that certain ARI
/ ARL Services Separation Agreement (the “ Separation
Agreement ”) by and between ARI and ARL, effective as of
December 31, 2006, ARI and ARL agreed, among other things, to
terminate upon the terms and conditions stated in the Separation
Agreement all of the ARL Services other than the Rent and Building
Services;
WHEREAS, pursuant to the Transitional
Services Agreement, the Term (as defined in the Transitional
Services Agreement) of the Rent and Building Services continued
until December 31, 2007;
WHEREAS, since December 31, 2007
ARL has continued to provide ARI the Rent and Building Services and
ARI has continued to pay ARL Fees in consideration thereof;
and
WHEREAS, each of ARI and ARL desire
to evidence in writing the parties’ extension of the Term of
the Rent and Building Services beyond December 31, 2007;
NOW, THEREFORE, in consideration of
these premises and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, ARI and
ARL agree as follows:
1. Definitions . Unless
otherwise defined herein, capitalized terms used in this Services
Extension Agreement shall have the meanings ascribed to such terms
in the Transitional Services Agreement, the Services Separation
Agreement and/or as the context shall require.
2. Rent and Bui
