Waiver Agreement for Financial Statement Delivery Deadlines by Lenders (Royal Bank of Canada, Bank of Oklahoma, U.S. Bank)
This agreement documents the approval by Royal Bank of Canada, Bank of Oklahoma National Association, and U.S. Bank National Association to waive certain deadlines for the Borrower to deliver audited and unaudited financial statements for the fiscal year ending December 31, 2004, and the quarters ending March 31 and June 30, 2005. The lenders agree to extend the delivery deadline for these financial statements and related auditor opinions to any time before August 31, 2005, providing the Borrower with additional time to comply with reporting requirements.
The undersigned Lender hereby
ý APPROVES the waiver of (i) the 90-day delivery deadline for the stand-alone balance sheet and related statement of income and cash flows of the Borrower for the fiscal year ending December 31, 2004 (and the accompanying opinion of the Borrower’s independent certified public accountants) and (ii) the 45-day delivery deadline for the unaudited stand-alone balance sheet and related statement of income and cash flows of the Borrower for the fiscal quarters ending March 31, 2005 and June 30, 2005 to permit delivery of such audited financial statements and the auditors’ opinion and unaudited financial statements at any time prior to August 31, 2005.
o DOES NOT APPROVE the waiver of (i) the 90-day delivery deadline for the stand-alone balance sheet and related statement of income and cash flows of the Borrower for the fiscal year ending December 31, 2004 (and the accompanying opinion of the Borrower’s independent certified public accountants) and (ii) the 45-day delivery deadline for the unaudited stand-alone balance sheet and related statement of income and cash flows of the Borrower for the fiscal quarters ending March 31, 2005 and June 30, 2005 to permit delivery of such audited financial statements and the auditors’ opinion and unaudited financial statements at any time prior to August 31, 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: | 6/30/05 |
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The undersigned Lender hereby
ý APPROVES the waiver of (i) the 90-day delivery deadline for the stand-alone balance sheet and related statement of income and cash flows of the Borrower for the fiscal year ending December 31, 2004 (and the accompanying opinion of the Borrower’s independent certified public accountants) and (ii) the 45-day delivery deadline for the unaudited stand-alone balance sheet and related statement of income and cash flows of the Borrower for the fiscal quarters ending March 31, 2005 and June 30, 2005 to permit delivery of such audited financial statements and the auditors’ opinion and unaudited financial statements at any time prior to August 31, 2005.
o DOES NOT APPROVE the waiver of (i) the 90-day delivery deadline for the stand-alone balance sheet and related statement of income and cash flows of the Borrower for the fiscal year ending December 31, 2004 (and the accompanying opinion of the Borrower’s independent certified public accountants) and (ii) the 45-day delivery deadline for the unaudited stand-alone balance sheet and related statement of income and cash flows of the Borrower for the fiscal quarters ending March 31, 2005 and June 30, 2005 to permit delivery of such audited financial statements and the auditors’ opinion and unaudited financial statements at any time prior to August 31, 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: | 30 June, 2005 |
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The undersigned Lender hereby
ý APPROVES the waiver of (i) the 90-day delivery deadline for the stand-alone balance sheet and related statement of income and cash flows of the Borrower for the fiscal year ending December 31, 2004 (and the accompanying opinion of the Borrower’s independent certified public accountants) and (ii) the 45-day delivery deadline for the unaudited stand-alone balance sheet and related statement of income and cash flows of the Borrower for the fiscal quarters ending March 31, 2005 and June 30, 2005 to permit delivery of such audited financial statements and the auditors’ opinion and unaudited financial statements at any time prior to August 31, 2005.
o DOES NOT APPROVE the waiver of (i) the 90-day delivery deadline for the stand-alone balance sheet and related statement of income and cash flows of the Borrower for the fiscal year ending December 31, 2004 (and the accompanying opinion of the Borrower’s independent certified public accountants) and (ii) the 45-day delivery deadline for the unaudited stand-alone balance sheet and related statement of income and cash flows of the Borrower for the fiscal quarters ending March 31, 2005 and June 30, 2005 to permit delivery of such audited financial statements and the auditors’ opinion and unaudited financial statements at any time prior to August 31, 2005.
| Lender’s Name: | U.S. Bank National Association |
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| By: | /s/ Mark E. Deckerd |
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| Name: | Mark E. Deckerd |
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| Title: | Vice President |
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| Date: | 7/8/05 |
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