EX-99 2 0002.txt EXHIBIT 99 Exhibit 99 July 17, 2000 VIA FAX AND OVERNIGHT MAIL The Dow Chemical Company 2030 Dow Center Midland, MI 48674 Attention: Chief Executive Officer Dear Sirs: Reference is made to the Agreement and Plan of Merger, dated as of August 3, 1999 (the "Agreement"), among Union Carbide Corporation, a New York corporation, The Dow Chemical Company, a Delaware corporation, and Transition Sub Inc., a Delaware corporation. Each of the parties hereto agrees that it will not exercise any right it may have to terminate the Agreement under Section 8.2(i) of the Agreement prior to September 30, 2000. Notwithstanding anything to the contrary in the foregoing, this letter agreement shall not in any way limit, restrict or affect any of the other rights of the parties (relating to termination of the Agreement or otherwise) under the Agreement. - 2 - If the foregoing is acceptable to you, please execute a copy of this letter agreement in the space below, whereupon this instrument will constitute a binding agreement among us. Very truly yours, UNION CARBIDE CORPORATION By /s/ Bruce D. Fitzgerald Bruce D. Fitzgerald Vice President, General Counsel and Secretary ACCEPTED AND AGREED as of July 21, 2000: THE DOW CHEMICAL COMPANY By /s/ J.P. Reinhard Name: J.P. Reinhard Title: Executive Vice President and Chief Financial Officer