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Exhibit
10
UNITED
STATES DEPARTMENT OF THE TREASURY
1500
Pennsylvania Avenue, NW
Washington,
D.C. 20220
May
27, 2009
Reference is made to that certain letter agreement (the “
Repurchase Letter Agreement ”), dated as of the date
set forth on Schedule A hereto, between the United States
Department of the Treasury (the “ Investor ”)
and the company set forth on Schedule A hereto (the “
Company ”). Capitalized terms used but not
defined herein shall have the meanings assigned to them in the
Repurchase Letter Agreement.
As documented by the Repurchase Letter Agreement, the Company has
completed the repurchase from the Investor of all of the Preferred
Shares issued to the Investor pursuant to the Securities Purchase
Agreement. Following such time, the Company delivered a
Warrant Repurchase Notice dated as of the date set forth on
Schedule A hereto to the Investor. In connection with
the consummation, on the date hereof, of the repurchase of the
Warrant by the Company from the Investor, as contemplated by the
Warrant Repurchase Notice and Section 4.9 of the Securities
Purchase Agreement:
(a) The Company hereby acknowledges receipt from the Investor
of the Warrant; and
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