THE BANK OF NEW YORK, as Administrative Agent Asset Solutions Division
Exhibit 10.1
April 21, 0000
XXX XXXX XX XXX XXXX, as
Administrative Agent
Asset Solutions Division
000 X. Xxx Xxxxxxx Xxxx.
Xxxxx 0000
Xxxxxx, XX 00000-0000
Attention: Administrative Agent Portfolio
Manager
Facsimile: (000) 000-0000
email: xxxxxxxxx@xxxxxxxx.xxx
Ladies and Gentlemen:
Reference is made to that certain Secured Super-Priority Debtor In Possession Credit and Guaranty Agreement, dated as of October 16, 2007 (as has been amended, restated, supplemented or otherwise modified from time to time, the “DIP Credit Agreement”) by and among Movie Gallery, Inc. (the “Company”), the Subsidiaries party thereto, the Lenders party thereto and The Bank of New York, as administrative agent and as collateral agent. Terms used and not otherwise defined herein shall have the meaning set forth in the DIP Credit Agreement.
Pursuant to Section 5.1(g) of the DIP Credit Agreement, this letter serves as notice to the Administrative Agent and the Lenders that the Company will not be able timely to comply with the requirement under Section 5.1(c) of the DIP Credit Agreement to deliver audited financials as of today. The Company continues to work with its auditors to complete the necessary steps for such auditors to complete the audit for fiscal year 2007.
MOVIE GALLERY, INC. | ||
By: | /s/ Xxxxxx Xxxxxxx | |
Name: | Xxxxxx Xxxxxxx | |
Title: | Chief Financial Officer |
cc: | Xxxxxx and Xxxxx, LLP |
000 Xxxx Xxxxxx, Xxxxx 0000
Xxxxxx, Xxxxx 00000
Attention: Xxxxxx X. Xxxx, Esq.
Facsimile: (000) 000-0000
email: xxxxxx.xxxx@xxxxxxxxxxx.xxx