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

Summary

Aquila, Inc., Black Hills Corporation, Great Plains Energy Incorporated, and Gregory Acquisition Corp. agree to extend the deadline for attaching schedules of Retained Agreements and Shared Agreements under their existing Partnership Interests Purchase Agreement and Asset Purchase Agreement. The new deadline is October 1, 2007, instead of the original date before September 1, 2007. All parties have acknowledged and accepted this extension by signing the letter agreement.

EX-10.1.4 5 ex10-1_4.htm LETTER AGMT TO AQUILA APA DATED 8/31/07 ex10-1_4.htm

 
Exhibit 10.1.4
 
[On Aquila, Inc. Letterhead]
 

 
                August 31, 2007
Steven Helmers, Esq.
Mark English, Esq.
Black Hills Corporation
Great Plains Energy Incorporated
625 Ninth Street
1201 Walnut
Rapid City, SD 57709
Kansas City, MO 64106

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 Mark:
 
Under the terms of the Agreements, as modified by that certain letter dated as of June 29, 2007, Black Hills and Great Plains are to attach schedules setting forth Retained Agreements and Shared Agreements prior to September 1, 2007. 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 October 1, 2007. Of course we will work to assist you in the identification process.

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,

AQUILA, INC.

 
By:           /s/ Christopher M. Reitz
   
 
Name:  Christopher M. Reitz
 
Title:                      General Counse
 
 
l



 
 
 
 
Signature Page to August 31, 2007 Letter Agreement


ACKNOWLEDGED, CONSENTED TO, AND ACCEPTED BY:

BLACK HILLS CORPORATION

By:           /s/ Steven J. Helmers

Name:      Steven J. Helmers
Title:        General Counsel


GREAT PLAINS ENERGY INCORPORATED

By:           /s/ Terry Bassham

Name:     Terry Bassham
 
Title:      Executive Vice President – Finance and Strategic Development and CFO


GREGORY ACQUISITION CORP.

By:           /s/ Mark G. English

Name:     Mark G. English
Title:       Secretary and Treasurer
 
 
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