Exhibit 4.12
XXXXX & XXXXX COMPANY
0000 XXXXXXX XXXX
XXXXX 000
XXXXXXXXXX, XXXXXXXX 00000
May 9, 2003
Kojaian Funding, L.L.C.
00000 Xxxxxxxx Xxxxxx
Xxxxx 000
Xxxxxxxxxx Xxxxx, Xxxxxxxx 00000
Re: $4,000,000 Loan ("Loan") from Kojaian Funding, L.L.C.
("Lender") to Xxxxx & Xxxxx Company ("Borrower") pursuant to a
certain letter agreement dated May 7, 2003 between Lender and
Borrower ("Agreement").
Ladies and Gentlemen,
The undersigned warrants that on today's date it will remit to Lender
$40,000.00, constituting the fee for the Loan pursuant to the Agreement, in
immediately available funds via overnight delivery courier. The undersigned
further warrants that it will immediately remit to Lender those amounts
constituting Lender's reasonable legal fees and other costs in connection with
the Loan upon Lender's presentation of statements representing those fees and
costs.
XXXXX & XXXXX COMPANY
By:
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Its:
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