EX-10.42
from 10-Q
2 pages
By Signing This Letter in the Space Provided Below, Ifc and Cummins Agree That the Reference to “July 31, 2009” in Section 12(a)(i) of the Standby Purchase Agreement Is Hereby Changed to “December 31, 2009”. Except for This Date Change, the Standby Purchase Agreement Remains Unmodified and in Full Force and Effect. Please Confirm That the Foregoing Correctly Sets Forth Our Agreement by Signing This Letter in the Space Provided Below and Returning a Copy to Marya M. Rose, Vice President, General Counsel and Corporate Secretary, Cummins Inc., One American Square, Suite 1800, Indianapolis, Indiana, 46282. Furthermore, Cummins Hereby Confirms the Terms of Its Indication of Interest and Extends the Condition Regarding Any Obligation to Purchase Common Shares as Part of the Recapitalization Plan (As Such Terms Are Defined in the Indication of Interest) Through December 31, 2009. Sincerely, Cummins Inc. By: /S/ Marya M. Rose Name: Marya M. Rose Title: Vice President — General Counsel and Corporate Secretary Page 2 July 24, 2009 Agreed as of July 31, 2009: Irwin Financial Corporation By: /S/ Gregory F. Ehlinger Name: Gregory F. Ehlinger Title: Chief Financial Officer
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EX-10.39
from 10-K
1 page
March 5, 2009 Cummins Inc. One American Square, Suite 1800 Indianapolis, Indiana 46282 Attention: Marya M. Rose, Vice President, General Counsel and Corporate Secretary Re: Extension of Standby Purchase Commitment Dear Marya: This Letter Memorializes the Agreement to Modify the Standby Purchase Agreement Between Cummins Inc. (“Cummins”) and Irwin Financial Corporation (“Ifc”) Dated as of October 13, 2008 (The “Agreement”) in Order to Extend Its Outside Expiration Date to April 30, 2009. by Signing This Letter in the Space Provided Below, Cummins and Ifc Agree That the Reference to “December 31, 2008” in Section 12(a)(i) of the Agreement Is Hereby Changed to “April 30, 2009.” Except for This Date Change, the Agreement Remains Unmodified and in Full Force and Effect. Please Confirm That the Foregoing Correctly Sets Forth Our Agreement by Signing This Letter in the Space Provided Below. Sincerely, Irwin Financial Corporation By: /S/ William I. Miller William I. Miller, Chairman and CEO Agreed as of the Date First Written Above: Cummins Inc. By: Its: /S/ Theodore M. Solso Chairman and CEO
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