Lender Waiver Agreement for Extension of Audited Financial Statement Delivery Deadline (MLP and Subsidiaries)
This agreement documents the approval by multiple lenders, including Royal Bank of Canada, JPMorgan Chase Bank, Fortis Capital, Societe Generale, U.S. Bank, Wachovia Bank, Bank of Oklahoma, and Bank of Scotland, to waive the original 90-day deadline for the MLP and its subsidiaries (including the Borrower) to deliver audited consolidated financial statements and the accompanying auditor's opinion. The new deadline allows delivery at any time before June 30, 2005. The waiver is formally approved and signed by each lender's authorized representative.
Exhibit 10.1
The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | Royal Bank of Canada |
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| By: | /s/ Jason York |
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| Name: | Jason York |
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| Title: | Attorney-In-Fact |
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| Date: | 4/27/05 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | JPMorgan Chase Bank N.A. successor by merger to Bank One, N.A. |
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| By: | /s/ Jeanie C. Gonzalez |
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| Name: | Jeanie C. Gonzalez |
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| Title: | Senior Vice President |
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| Date: | April 27, 2005 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | Fortis Capital |
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| By: | /s/ Casey Lowary |
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| Name: | Casey Lowary |
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| Title: | Senior Vice President |
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| Date: | 4-29-05 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | Societe Generale |
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| By: | /s/ Stephen W. Warfel |
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| Name: | Stephen W. Warfel |
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| Title: | Vice President |
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| Date: | April, 29 2005 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-ay delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-ay delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | U.S. Bank |
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| By: | /s/ Kathryn A. Gaiter |
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| Name: | Kathryn A. Gaiter |
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| Title: | Vice President |
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| Date: | April 28, 2005 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | Wachovia Bank, N.A. |
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| By: | /s/ Philip Trinder |
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| Name: | Philip Trinder |
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| Title: | Vice President |
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| Date: | 04/27/05 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | Bank of Oklahoma National Association |
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| By: | /s/ Michael M. Logan |
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| Name: | Michael M. Logan |
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| Title: | Senior Vice President |
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| Date: | 29 April, 2005 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | Bank of Scotland |
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| By: | /s/ Karen Weich |
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| Name: | Karen Weich |
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| Title: | Assistant Vice President |
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| Date: | April 28, 2005 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | Comerica Bank |
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| By: | /s/ Peter L. Sefzik |
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| Name: | Peter L. Sefzik |
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| Title: | Vice President |
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| Date: | April 28th 2005 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | Guaranty Bank |
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| By: | /s/ Jim R. Hamilton |
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| Name: | Jim R. Hamilton |
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| Title: | Senior Vice President |
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| Date: | April 27, 2005 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | Mizuho Corporate Bank Ltd. |
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| By: | /s/ Takahiko Veda |
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| Name: | Takahiko Veda |
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| Title: | Deputy General Manager |
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| Date: | 4/29/2005 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | Sun Trust Bank |
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| By: | /s/ David Edge |
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| Name: | David Edge |
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| Title: | Managing Director |
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| Date: | 4/28/05 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | Wells Fargo Bank |
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| By: | /s/ Tim Green |
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| Name: | Tim Green |
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| Title: | Portfolio Manager |
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| Date: | 4.29.05 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | Natexis Banques Populaires |
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| By: | /s/ Louis P. Laville, III |
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| Name: | Louis P. Laville, III |
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| Title: | Vice President and Group Manager |
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| Date: | 4-28-05 |
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The undersigned Lender hereby
ý APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
o DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP’s independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to June 30, 2005.
| Lender’s Name: | UFV Bank Limited |
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| By: | /s/ L.J. Pereny |
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| Name: | L.J. Pereny |
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| Title: | Vice President |
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| Date: | 4-28-05 |
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