Exhibit 10.2
TERMINATION
AGREEMENT
THIS TERMINATION AGREEMENT (this
“ Agreement ”) is entered into as of
March 16, 2009, by and among Max Diversified Strategies Ltd.
(“ Customer ”) and Alstra Capital Management,
LLC (“ Alstra ”).
WHEREAS, Customer and Alstra are
parties to that certain Second Amended and Restated Customer
Agreement and Trading Authorization dated as of February 14,
2006 as amended as of May 5, 2008 and November 20, 2008
(the “ Customer Agreement ”); and
WHEREAS, Customer desires to
terminate the Customer Agreement as provided herein.
NOW, THEREFORE, for and in
consideration of the mutual promises and covenants herein
contained, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Termination of Customer
Agreement . The Customer Agreement is hereby terminated as of
January 31, 2009 and is of no further force and effect, and no
party thereto shall have any surviving obligations, rights, or
duties thereunder.
2. Termination Amount .
In consideration of the waiver set forth in Section 3 hereto,
Customer shall make a one-time payment to Alstra of $1,992,417 (the
“ Termination Amount ”) on or before
March 20, 2009 to the account directed to Customer by Alstra
in full satisfaction of any amounts due and payable under the
Customer Agreement. Alstra agrees to apply the Termination Amount
as set forth on Schedule A hereto.
3. Waiver . In
consideration of the foregoing, Alstra agrees to waive any and all
claims, known or unknown, it has or may have against Customer and
its officers, direc
