Attached files
| file | filename |
|---|---|
| EX-31.1 - EX-31.1 - RENTECH, INC. | d795400dex311.htm |
| EX-10.5 - EX-10.5 - RENTECH, INC. | d795400dex105.htm |
| EX-31.2 - EX-31.2 - RENTECH, INC. | d795400dex312.htm |
| EX-32.2 - EX-32.2 - RENTECH, INC. | d795400dex322.htm |
| EX-32.1 - EX-32.1 - RENTECH, INC. | d795400dex321.htm |
| EXCEL - IDEA: XBRL DOCUMENT - RENTECH, INC. | Financial_Report.xls |
| 10-Q - 10-Q - RENTECH, INC. | d795400d10q.htm |
Exhibit 10.4
August 28, 2014
| Sunshine Kaidi New Energy Group Co., Ltd. Attn: Mr. Chen T1 Jiangxia Avenue Eastlake Newtech Development Zone, Wuhan, China |
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| Re: | MIPSA Purchase Price |
Dear Mr. Chen:
Reference is hereby made to that certain Membership Interest Purchase and Sale Agreement (the “MIPSA”) dated as of February 28, 2014, by and among Rentech, Inc. (“Seller”), Sunshine Kaidi New Energy Group Co., Ltd. (“Buyer”), and RES USA, LLC (the “Company”). All capitalized terms shall have the same meaning as ascribed to them in the MIPSA unless otherwise defined herein.
1. Amendment of the MIPSA Purchase Price. Upon execution of this letter agreement, Seller and Buyer hereby agree that Section 1.1 of the MIPSA is hereby amended by deleting the clause “for a purchase price of Eleven Million Eight Hundred Thousand Dollars ($11,800,000) (the “Purchase Price”)”, and replacing it with the clause “for a purchase price of Fourteen Million Nine Hundred Fifty Thousand Dollars ($14,950,000) (the “Purchase Price”)”.
2. No Waiver. This letter agreement shall in no way be considered, nor is it intended to be, a waiver by any party hereto of any condition precedent to its obligation to perform under the MIPSA.
3. Continuing Effect. Subject only to the amendments, modifications or stipulations herein contained, the terms, conditions, stipulations and provisions of the MIPSA shall remain valid and binding on the parties thereto. In the event of any inconsistency between the MIPSA and this letter agreement, the provisions set forth herein shall prevail.
4. Governing Law. This letter agreement is governed by and is to be construed in accordance with the laws of Hong Kong.
10877 Wilshire Boulevard, Suite 600 — Los Angeles, CA 90024 — T: 310.571.9800 — F: 310.571.9799
www.rentechinc.com
This letter agreement shall become valid and binding upon the execution by Seller and Buyer on the date first above written. This letter agreement may be executed in any number of counterparts, and by any party on separate counterparts, each of which as so executed and delivered shall be deemed an original, but all of which together shall constitute one and the same instrument.
| Very truly yours, | ||
| RENTECH, INC. | ||
| By: | /s/ Harold A. Wright | |
| Name: | Harold A. Wright |
| Title: | SVP and Chief Technology Officer |
| Acknowledged and Agreed: | ||
| SUNSHINE KAIDI NEW ENERGY GROUP CO., LTD. | ||
| By: | /s/ Chen Yilong | |
| Name: | Chen Yilong |
| Title: | Chairman |
10877 Wilshire Boulevard, Suite 710 — Los Angeles, CA 90024 — T: 310.571.9800 — F: 310.571.9799
www.rentechinc.com