Confirmation, dated August 13, 2003, from Citibank, N.A. to Gold Banc Corporation, Inc., relating to an interest rate swap transaction with a notional amount of USD 30,000,000 and a termination date of May 16, 2011
Citibank, N.A. 333 West 34th Street, 2nd Floor New York, NY 10001 |
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Exhibit 10.20 |
Date: | August 13, 2003 |
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To: | Gold Bank Corporation, Inc. ("Counterparty") |
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Attention: | Rick Tremblay, Chief Financial Officer |
Phone No.: | 913 ###-###-#### |
Facsimile No: | 913 ###-###-#### |
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From: | Citibank, N.A. New York ("Citibank") |
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Telefax No.: | 212 ###-###-#### |
Trade Date: | August 13, 2003 |
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Effective Date: | August 15, 2003 |
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Trade Date: August 13, 2003 | |
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Citibank, N.A. 333 West 34th Street, 2nd Floor New York, NY 10001 |
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Termination Date: | May 16, 2011, subject to adjustment in accordance with the Modified Following Business Day Convention. |
Fixed Rate Payer: | Citibank | |
Fixed Rate Payer Notional Amount: | USD 30,000,000.00 | |
Fixed Rate Payer Payment Dates: | Monthly, on the 1 st day of each month in each year, commencing September 1, 2003 to and including the Termination Date, subject to adjustment in accordance with the Modified Following Business Day Convention | |
Fixed Rate: | 5.40 percent | |
Fixed Rate Day Count Fraction: | Actual/360 | |
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Fixed Rate Payer Business Days: | New York | |
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Fixed Rate Payer Business Day Convention: | Modified Following |
Floating Amounts:
Floating Rate Payer: | Counterparty | |
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Floating Rate Payer Notional Amount: | USD 30,000,000.00 | |
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Floating Rate Payer Payment Dates: | Monthly, on the 1 st day of each month in each year, commencing September 1, 2003 to and including the Termination Date, subject to adjustment in accordance with the Modified Following Business Day Convention | |
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Floating Rate for initial Calculation Period: | To be determined two London Banking Days prior to the Effective Date. | |
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Floating Rate Option: | USD-LIBOR-BBA |
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Trade Date: August 13, 2003 | |
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Citibank, N.A. 333 West 34th Street, 2nd Floor New York, NY 10001 |
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Designated Maturity for the Calculation Periods from and including the Effective Date up to but excluding May 1, 2011: | 1 Month | |
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Designated Maturity for the Calculation Periods from and including May 1, 2011 to and including the Termination Date: | Linear Interpolation | |
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Floating Rate Payer Spread: | Plus 1.77 percent | |
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Floating Rate Payer Day Count Fraction: | Actual/360 | |
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Floating Rate Payer Reset Dates: | The first day of each Floating Rate Payer Calculation Period | |
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Compounding: | Inapplicable | |
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Floating Rate Payer Business Days: | New York | |
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Floating Rate Payer Business Day Convention: | Modified Following |
Trade Date: | August 13, 2003 | |
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Option Style: | European | |
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Seller: | Citibank | |
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Buyer: | Counterparty | |
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Exercise Business Days: | New York |
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Trade Date: August 13, 2003 | |
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Citibank, N.A. 333 West 34th Street, 2nd Floor New York, NY 10001 |
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Procedure for Exercise | | |
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Expiration Date: | The day that is two Exercise Business Days preceding May 15, 2006 | |
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Expiration Time: | 12:00 noon New York time | |
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Multiple Exercise: | Inapplicable | |
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Written Confirmation of Exercise: | Applicable, provided however, any failure to deliver written notice within the designated time period shall not in any way affect or suspend the effectiveness of the telephonic notice delivered during the Exercise Period. | |
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Automatic Exercise: | Inapplicable | |
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Settlement Terms | | |
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Settlement: | Physical | |
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The particular terms of the Underlying Swap Transaction to which the Swaption relates are as follows: | ||
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Notional Amount: | USD 30,000,000.00 | |
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Trade Date: | August 13, 2003 | |
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Effective Date: | May 15, 2006 | |
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Termination Date: | May 16, 2011, subject to adjustment in accordance with the Modified Following Business Day Convention. |
Fixed Rate Payer: | Counterparty | |
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Fixed Rate Payer Payment Dates: | Monthly, on the 1st day of each month in each year, commencing June 1, 2006 to and including the Termination Date, subject to adjustment in accordance with the Modified Following Business Day Convention | |
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Fixed Rate: | 5.40 percent |
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Trade Date: August 13, 2003 | |
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Citibank, N.A. 333 West 34th Street, 2nd Floor New York, NY 10001 |
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Fixed Rate Day Count Fraction: | Actual/360 |
Floating Rate Payer: | Citibank | |
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Floating Rate Payer Payment Dates: | Monthly, on the 1 st day of each month in each year, commencing June 1, 2006 to and including the Termination Date, subject to adjustment in accordance with the Modified Following Business Day Convention | |
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Floating Rate for initial Calculation Period: | To be determined two London Banking Days prior to the Effective Date. | |
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Floating Rate Option: | USD-LIBOR-BBA | |
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Designated Maturity for the Calculation Periods from and including the Effective Date up to but excluding June 1, 2006: | Linear Interpolation | |
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Designated Maturity for the Calculation Periods from and including June 1, 2006 up to but excluding May 1, 2011: | 1 Month | |
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Designated Maturity for the Calculation Periods from and including May 1, 2011 to and including the Termination Date: | Linear Interpolation | |
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Floating Rate Payer Day Count Fraction: | Actual/360 | |
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Reset Dates: | The first day of each Floating Rate Payer Calculation Period | |
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Compounding: | Inapplicable | |
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Business Days: | New York | |
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Calculation Agent: | Citibank, N.A. New York, or as stated per the Master Agreement |
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Trade Date: August 13, 2003 | |
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Citibank, N.A. 333 West 34th Street, 2nd Floor New York, NY 10001 |
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Trade Date: August 13, 2003 | |
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Citibank, N.A. 333 West 34th Street, 2nd Floor New York, NY 10001 |
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Optional Early Termination: |
| Applicable |
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Option Style: |
| European |
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Exercise Business Days: |
| New York and London |
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Procedure for Exercise: |
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Expiration Date: |
| Five Exercise Business Days preceding the Cash Settlement Payment Date |
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Earliest Exercise Time: |
| 9:00 a.m. New York time |
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Expiration Time: |
| 11:00 a.m. New York time |
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Settlement Terms: |
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Cash Settlement: |
| Applicable |
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Cash Settlement Valuation Time: |
| 11:00 a.m. New York time |
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Trade Date: August 13, 2003 | |
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Citibank, N.A. 333 West 34th Street, 2nd Floor New York, NY 10001 |
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Cash Settlement Valuation Date: |
| Two Valuation Business Days preceding the Cash Settlement Payment Date. |
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Valuation Business Days: |
| New York and London |
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Cash Settlement Payment Date: |
| August 15, 2008 |
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Business Day Convention for |
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Cash Settlement Payment |
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Date: |
| Modified Following |
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Cash Settlement Method: |
| Cash Price |
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Cash Settlement Reference Banks: |
| Five leading dealers in the relevant swap market determined by the parties in good faith on the Exercise Date at the Expiration time |
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Quotation Rate: |
| Mid |
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Payments to Citibank: | Account for payments: |
| Citibank, N.A. New York |
| ABA # 021000089 |
| Account No. 00167679 |
| Financial Futures |
| Reference Swap: 35687 |
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Payments to Counterparty: | Account for payments: |
| Gold Banc-Leawood |
| ABA #: 101102315 |
| Account No.: 1006450976 |
| Gold Banc Corporation Inc. |
| Reference Swap 35687. |
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Trade Date: August 13, 2003 | |
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Citibank, N.A. 333 West 34th Street, 2nd Floor New York, NY 10001 |
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Counterparty hereby agrees (a) to check this Confirmation (Reference No.: 35687) carefully and immediately upon receipt so that errors or discrepancies can be promptly identified and rectified and (b) to confirm that the foregoing correctly sets forth the terms of the agreement between Citibank, N.A. New York and Counterparty with respect to the particular Transaction to which this Confirmation relates, by manually signing this Confirmation and providing the other information requested herein and immediately returning an executed copy to Facsimile No. 212 ###-###-####
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Trade Date: August 13, 2003 |