Letter Agreement Extending Deadline under Partnership Interests and Asset Purchase Agreements among Aquila, Black Hills, Great Plains, and Gregory Acquisition

Summary

This letter agreement, dated June 19, 2008, is between Aquila, Inc., Black Hills Corporation, Great Plains Energy Incorporated, and Gregory Acquisition Corp. It extends the deadline for attaching certain schedules related to Retained Agreements and Shared Agreements under existing purchase agreements from June 20, 2008, to June 27, 2008. All parties have acknowledged and accepted the new deadline by signing the letter.

EX-10.1.6 3 ex10_1-6.htm GPE LETTER AGREEMENT DATED 6/19/08 ex10_1-6.htm
 
Exhibit 10.1.6
 

 
June 19, 2008
 

Steven Helmers, Esq.
Christopher Reitz, Esq.
Black Hills Corporation
Aquila, Inc.
625 Ninth Street
20 West Ninth Street
Rapid City, SD 57709
Kansas City, MO 64105
 

Re:
Partnership Interests Purchase Agreement and Asset Purchase Agreement (collectively, the "Agreements") by and among Aquila, Inc. ("Aquila"), Black Hills Corporation ("Black Hills"), Great Plains Energy Incorporated ("Great Plains") and Gregory Acquisition Corp. ("Gregory")
 
Dear Steve and Chris:
 
Under the terms of the Agreements, as modified by those certain letters dated as of June 29, 2007, August 31, 2007, September 28, 2007, November 30, 2007, January 30, 2008, February 28, 2008, March 28, 2008, April 28, 2008, and May 29, 2008, Black Hills, Aquila and Great Plains are to attach schedules setting forth Retained Agreements and Shared Agreements prior to June 20, 2008.  We recognize that this deadline may be implausible and therefore propose extending the date set forth under section 2.2(1) and 8.5(d) of the Agreements to June 27, 2008.

If you are in agreement, please sign below on the attached signature page where indicated and return a copy of this letter to me by fax or e-mail.


 
Very truly yours,
Great Plains Energy Incorporated
 
 
By: /s/ Mark G. English
Name: Mark G. English
Title: General Counsel

 



ACKNOWLEDGED, CONSENTED TO, AND ACCEPTED BY:

BLACK HILLS CORPORATION


By:  /s/ Steven J. Helmers

Name:   Steven J. Helmers
Title:     Sr. Vice President and General Counsel


AQUILA, INC.


By:  /s/ Chris Reitz

Name:   Chris Reitz
Title:     General Counsel


GREGORY ACQUISITION CORP.


By:  /s/ Mark G. English

Name:   Mark G. English
Title:     Secretary and Treasurer