EXHIBIT 10.6
[XXXXX FARGO BANK LETTERHEAD]
December 1, 2003
U.S. Bank National Association
00 Xxxxxxxxxx Xxxxxx
Xx. Xxxx, Xxxxxxxxx 00000-0000
Attn: Corporate Trust Department
Ladies and Gentlemen:
Reference is made to the Control Agreement dated as of November 7, 2003
(the "Agreement"), by and among U.S. Bank National Association, a national
banking association, as trustee under the indenture (together with its
successors and assigns from time to time under the indenture, the "Trustee"),
Xxxxx Fargo Bank, N.A., a national banking association, as disbursement agent,
securities intermediary and depositary bank (together with any successor
depositary bank permitted hereunder, the "Clearing Bank"), the River Rock
Entertainment Authority (the "Authority"), an unincorporated instrumentality of
The Dry Creek Rancheria Band of Pomo Indians of California (the "Tribe") and the
Tribe. All initially capitalized terms used in this letter without definition
shall have the respective meanings specified in the Agreement.
The undersigned hereby confirms to the Trustee that the Clearing Bank
shall furnish to the Trustee, at the Authority's expense, copies of all monthly
and/or quarterly reports that are sent to the Authority, which reports shall
specify the credits and changes to the Operating Account for the previous
calendar month. These monthly and/or quarterly reports shall be sent to the
Trustee via the same delivery mechanism as the reports to the Authority.
Very truly yours,
XXXXX FARGO BANK, N.A.,
as Clearing Bank
By: /s/ Xxxxxxxx X. Xxxxxxx
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Name: Xxxxxxxx X. Xxxxxxx
Title: Vice President
AGREED, ACCEPTED AND ACKNOWLEDGED:
RIVER ROCK ENTERTAINMENT AUTHORITY
By: /s/ Xxxxxxxxx Xxxxx XxXxxxx
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Name: Xxxxxxxxx XxXxxxx
Title: Chairperson
THE DRY CREEK RANCHERIA BAND OF POMO INDIANS (solely with respect to its
obligations under Section 15)
By: /s/ Xxxxxxxxx Xxxxx XxXxxxx
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Name: Xxxxxxxxx XxXxxxx
Title: Chairperson
U.S. BANK NATIONAL ASSOCIATION, as Trustee
By: /s/ Xxxxx Xxxxxx
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Name: Xxxxx Xxxxxx
Title: Vice President