Exhibit 10.1
UNITED STATES DEPARTMENT OF THE
TREASURY
1500 Pennsylvania Avenue,
NW
Washington, D.C. 20220
June 24, 2009
Ladies and Gentlemen:
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
(b) The Investor hereby
acknowledges receipt from the Company of a wire transfer to the
account of the Investor set forth on Schedule A hereto in
immediately available funds
