EXHIBIT 4.1 STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) WHEREAS, Peter Kiewit Sons', Inc., a Delaware corporation with its principal office in Omaha, Nebraska (the "Company"), on May 17, 1982, executed a Trust Indenture entitled the "KIEWIT ROYALTY...Trust Indenture • March 28th, 2002 • Kiewit Royalty Trust • Mineral royalty traders • Nebraska
US BANK LETTERHEAD] August , 2007Tender Offer Notification • August 14th, 2007 • Kiewit Royalty Trust • Mineral royalty traders
As you may know, an unsolicited tender offer has been made by MPF Senior Note Program I, LP; Sutter Opportunity Fund 4, LLC; MPF DeWaay Premier Fund 3, LLC; MPF Flagship Fund 12, LLC; MPF Special Fund 8, LLC; MacKenzie Patterson Special Fund 6; MacKenzie Patterson Special Fund 6-A; and Salvage Investors, LLC (collectively the “Purchasers”) to purchase up to 2,526,686 Units of the Kiewit Royalty Trust at a price of $0.60 per Unit. The Units sought by the Purchasers represent 20% of the outstanding Units of the Trust. U.S. Bank, N.A., the Trustee of the Trust, first became aware of this tender offer on July 31, 2007.
ContractAssignment of Overriding Royalty Interest • August 3rd, 2021 • Kiewit Royalty Trust • Mineral royalty traders
available funds. Kiewit shall deliver to NTEC a fully executed original Assignment of Overriding Royalty Interest, and also any other executed governmental fonn assignments, in sufficient counterparts to satisfy applicable regulatory requirements. Effective Date. The effective date of the Assignment shall be June I , 2021 ("Effective Date"). Condition Precedent. The obligations of the parties hereunder are expressly conditioned upon Kiewit receiving Unitholder or Court Ordered approval to complete the sale of the ORR pursuant to the terms and conditions of this Agreement. If Kiewit is unable to obtain the requisite approval, this Agreement shall cease and neither Kiewit nor NTEC shall have any claim against the other party for costs, damages, compensation or otherwise; provided however, Kiewit acknowledges and agrees that NTEC shall not make any further advance royalty payments to Kiewit as of the Execution Date of this Agreement. If Kiewit is not able to obtain approval for the sale o
US BANK LETTERHEAD] January 28, 2008Tender Offer Recommendation • January 28th, 2008 • Kiewit Royalty Trust • Mineral royalty traders
As you may know, an unsolicited tender offer has been made by MPF Senior Note Program I, LP; MPF Senior Note Program II, LP; Sutter Opportunity Fund 4, LLC; Mary R. Bellamy Charitable Trust No. 1; and Mary R. Bellamy Charitable Trust No. 2 (collectively the “Purchasers”) to purchase up to 2,526,686 Units of the Kiewit Royalty Trust at a price of $0.55 per Unit. The Units sought by the Purchasers represent 20% of the outstanding Units of the Trust. U.S. Bank, N.A., the Trustee of the Trust, first became aware of this tender offer on January 11, 2008.
