Macquarie Asset Management Inc. A Member of the Macquarie Group of Companies March 30 2009
EXHIBIT 10.2
Macquarie Asset Management Inc.
A Member of the Macquarie Group of Companies
| 000 Xxxxxxxx Xxxxxx 00xx Xxxxx, Xxxxx 0000 Xxxxxx XX 00000 XXXXXX XXXXXX |
Telephone Fax Internet |
x0 000 000 0000 x0 000 000 0000 xxx.xxxxxxxxx.xxx |
March 30 2009
| Xxxx Xxxxxxxxxx Vice President Xxxxx Fargo Bank, National Association 00 Xxxx Xxxxxx, Xxxxx 000 XXXXXXXXXX XX 00000 |
Xxxxxxxxx Xxxxxxx (XXX) Inc. Macquarie Equipment Leasing Fund, LLC 000 Xxxxxxxx Xx, 00xx Xxxxx XXXXXX XX 00000 |
| ||
Dear Xx Xxxxxxxxxx and Others
We refer to the Escrow Agreement between Xxxxx Fargo Bank, National Association (“Xxxxx Fargo”), Macquarie Asset Management Inc. (“MAMI”), Macquarie Capital (USA) Inc. and Macquarie Equipment Leasing Fund, LLC dated February 2, 2009 (the Agreement).
You are requested to sign and return a copy of this letter to MAMI. By doing so, you will be evidencing your acceptance of the following amendments to the Agreement, effective as of the date of this letter:
| 1. |
In the 4th paragraph of the preamble to the Agreement, replace the figure “$1,200,000” with the figure “$2,500,000”; and |
| 2. | In section (3)(a) of the Agreement, add the following new sentence to the end of that section: |
Payment for each subscription for Shares shall be made to “Xxxxx Fargo Bank as Escrow Agent for Macquarie Equipment Leasing Fund, LLC.”
| Yours sincerely Macquarie Asset Management Inc. |
| /s/ Xxxxxx Xxxxxxx |
| Xxxxxx Xxxxxxx Director, Macquarie Asset Management Inc |
Macquarie Asset Management Inc. is not an authorised deposit-taking institution for the purposes of the Banking Act 1959 (Commonwealth of Australia), and its obligations do not represent deposits or other liabilities of Macquarie Bank Limited ABN 46 000 000 000. Macquarie Bank Limited does not guarantee or otherwise provide assurance in respect of the obligations of Macquarie Asset Management Inc.
ACCEPTED:
| Macquarie Equipment Leasing Fund, LLC |
| /s/ Xxxxxx Xxxxxxx |
| Xxxxxx Xxxxxxx Director, Macquarie Asset Management Inc. |
Date: March 30 2009
| Macquarie Capital (USA) Inc. |
| /s/ Xxx X’Xxxxx |
| Xxx X’Xxxxx Xxxxxx Vice President |
Date: March 30 2009
| Xxxxx Fargo Bank, National Association |
| /s/ Xxxx X. Xxxxxxxxxx |
| Xxxx X. Xxxxxxxxxx Vice President |
Date: March 30, 2009
