Exhibit 10.2
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 i
