Attached files
Trade ID: 44340
Wells Fargo Bank, N.A. Financial Products
(B77) 240-0795
AMENDED AND RESTATED CONFIRMATION
This Amended and Restated Confirmation (“Confirmation”) amends, restates and replaces that certain Confirmation dated August 28, 2005
| To: | Stingray Properties, LLC Attention: Gary Verkinnes 6975 Saukview Drive St. Cloud, MN 56303 Telephone: (320) 253-0228 Fax: (320) 251-9388 |
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| From: | Wells Fargo Bank, N.A. Attention: Simon Bevan 417 Montgomery Street, Suite 500 MAC A0108-050 San Francisco, CA 94104 Fax: (415) 986-2604 |
Date: July 28, 2006
Dear Gary Verkinnes,
The purpose of this letter agreement is to confirm the terms and conditions of the transaction (‘Transaction”) entered into between Wells Fargo Bank, N.A. (“Party A”) and Stingray Properties, LLC, a Minnesota limited liability company (“Party B”). This Transaction is effective at, and as of 12:01 a.m., California time, on the Trade Date specified below.
This Confirmation supplements, forms part of, and is subject to, the Interest Rate Master Agreement dated as of August 26, 2005, (as the same may be amended, modified or supplemented from time to time, the “Master Agreement”) between Party A and Party B. This communication itself constitutes a binding agreement setting forth the essential terms of the Transaction described herein. All provisions contained in the Master Agreement shall govern this Confirmation except as expressly modified below.
The terms of the Transaction to which this Confirmation relates are as follows:
Transaction Type:
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Swap | |||
Trade Date:
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August 26, 2005 | |||
Effective Date:
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August 15, 2006 | |||
Termination Date:
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August 15, 2021, subject to adjustment in accordance with the Following Business Day Convention. |
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Fees:
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Not applicable. | |||
Notional Amount:
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USD 4,000,000.00 (Initial Notional Amount — please refer to the attached Schedule |
I)
Fixed Rate Side:
| Fixed Rate Payer: | Party B
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| Fixed Rate: | 6.00%
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| Day Count Convention: |
Actual/360 |
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| Business Day Convention: |
Following |
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| Calculation Period: |
From the 15th day of each month, up to the 15th day of the following month, continuing until the Termination Date, subject to adjustment in accordance with the designated Business Day Convention. The first Calculation Period will be August 15, 2006 to September 15, 2006. |
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| Floating Rate Side: | ||||||
| Floating Rate Payer: |
Party A |
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| Floating Rate: | USD-LIBOR plus 1.10%
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| Initial Floating Rate: |
To be determined. |
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| Floating Rate Maturity: |
1 Month |
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| Reset Dates: | The 15th day of each month, subject to adjustment in accordance with the designated Business |
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Day Convention. The first Reset Date is August 15, 2006.
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| Compounding: | Not Applicable.
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| Day Count Convention: |
Actual/360 |
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| Business Day Convention: |
Following |
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| Calculation | ||||||
| Period: | From the 15th day of each month, up to the 15th day of the following month, continuing until |
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| the Termination Date, subject to adjustment in accordance with the designated Business Day |
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| Convention. The first Calculation Period will be August 15, 2006 to September 15, 2006. |
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| Settlement Payment | ||||||
| Date: | The 15th day of each month, beginning with September 15, 2006, continuing up to and including |
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| the Termination Date, subject to adjustment in accordance with the designated Business Day |
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Convention.
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| Business Days: | New York City
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| Loan Facility: | That certain Loan Facility as evidenced by that certain promissory note
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dated on or about September 1, 2005 in the amount of USD 4,000,000.00, extended by Party A to Party B (“Note”), which is subject to the terms and conditions of that certain loan agreement dated as of an even date therewith (“Loan Agreement”), as modified, amended and/or extended from time to time, (the Note and the Loan Agreement |
are hereby collectively defined herein as the “Loan Documents”) |
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| Security: | Not Applicable.
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| Credit Support: | Not Applicable.
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| Settlement Instructions for Payments: | ||||||
| Payments due to Party A: |
Party A will debit settlement payment(s) from the following account: |
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ABA Number: 091000019 DDA Number: 2526133869 |
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| Payments due to Party B: |
Party A will credit settlement payment(s) to the following account: |
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ABA Number: 091000019 DDA Number: 2526133869 |
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| Delivery Instructions for Notices: | ||||||
| Send Notices to Party A: |
Wells Fargo Bank, N.A. Attention: Documentation Group 417 Montgomery Street, Suite 500 MAC A0108-050 San Francisco, CA 94104 Telephone: (877) 240-0795 Fax: (415) 646-9166 |
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| Send Notices to Party B: |
Stingray Properties, LLC Attention: Gary Verkinnes 6975 Saukview Drive St. Cloud, MN 56303 Telephone: (320) 253-0228 Fax: (320) 251-9388 |
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Please confirm that the foregoing correctly sets forth the terms of our agreement by having an authorized individual sign and return this document by facsimile to the Documentation Group at (415) 646-9166. If you have any questions, please call Mark Becker at (877) 240-0795.
Yours sincerely,
Wells Fargo Bank, NA
By: /s/ Simon Bevan
| Name: | Simon Bevan | |||||
| Its: | Authorized Signatory |
Stingray Properties, LLC, a Minnesota limited liability company
By: /s/ Gary Verkinnes
| Name: Gary Verkinnes Its: Partner Name: | Gary | Verkinnes | |||||
| Its: | Partner | ||||||