Waiver Agreement for 90-Day Financial Statement Delivery Deadline 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 to waive the original 90-day deadline for the Borrower to deliver its audited financial statements and auditors’ opinion for the fiscal year ending December 31, 2004. Instead, the Borrower is permitted to provide these documents at any time before June 30, 2005. The waiver is formally approved and signed by authorized representatives of each lender.
Exhibit 10.1
The undersigned Lender hereby
ý APPROVES the waiver of 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) 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 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) 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 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) 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 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) 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 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) 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 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) 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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