Waiver Agreement between Travelers Casualty and Surety Companies and Great Lakes Dredge & Dock Corporation (September 19, 2006)
Travelers Casualty and Surety Company and Travelers Casualty and Surety Company of America have agreed to temporarily waive the requirement for Great Lakes Dredge & Dock Corporation (GLDD) to maintain a minimum net worth of $82.5 million for the fiscal quarter ending September 30, 2006, as set out in their existing indemnity agreement. However, GLDD must restore its net worth to at least $82.5 million by the end of the next quarter (December 31, 2006) and maintain it thereafter, or risk being declared in default.
Exhibit 10.1
September 19, 2006
Great Lakes Dredge & Dock Company
Attn: Ms. Deb Wensel
2122 York Road
Oak Brook IL 60523
Dear Deb:
It is our understanding that the Net Worth of Great Lakes Dredge & Dock Corporation and its subsidiaries (GLDD) may fall below $82.5 million, the minimum Net Worth that GLDD is required to maintain under Section 6.19 of the Third Amended and Restated Underwriting and Continuing Indemnity Agreement (as amended).
Travelers Casualty and Surety Company and Travelers Casualty and Surety Company of America (collectively, Travelers) hereby agree to waive GLDDs compliance with the Net Worth requirement for the fiscal quarter ending September 30, 2006. However, Travelers expressly reserves the right to declare GLDD in default under the Third Amended and Restated Underwriting and Continuing Indemnity Agreement should GLDD fail to increase its Net Worth to $82.5 million for the fiscal quarter ending December 31, 2006, and maintain its Net Worth at that level or higher for any fiscal quarter subsequent to December 31, 2006.
Sincerely,
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
/s/ Michael Damewood
By: | Michael Damewood |
| Assistant Manager |
Acknowledged and Agreed to By:
Great Lakes Dredge & Dock Corporation
By: | /s/ Deborah A. Wensel |
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Its: | Senior Vice President and CFO |
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cc: Brian Hart, Winston & Strawn