Attached files
| file | filename |
|---|---|
| 8-K - EGPI FIRECREEK, INC. | v171994_8k.htm |
| EX-10.3 - EGPI FIRECREEK, INC. | v171994_ex10-3.htm |
| EX-10.9 - EGPI FIRECREEK, INC. | v171994_ex10-9.htm |
| EX-10.2 - EGPI FIRECREEK, INC. | v171994_ex10-2.htm |
| EX-10.5 - EGPI FIRECREEK, INC. | v171994_ex10-5.htm |
| EX-10.6 - EGPI FIRECREEK, INC. | v171994_ex10-6.htm |
| EX-10.4 - EGPI FIRECREEK, INC. | v171994_ex10-4.htm |
| EX-10.1 - EGPI FIRECREEK, INC. | v171994_ex10-1.htm |
| EX-10.7 - EGPI FIRECREEK, INC. | v171994_ex10-7.htm |
TRUST
ACCOUNT INSTRUCTIONS
St.
George Investments, LLC
303 East
Wacker Drive
Suite
311
Chicago,
Illinois 60601
January
15, 2010
Mr. Olin
G. Shivers
Foley
& Lardner LLP
100 North
Tampa Street
Suite
2700
P.O. Box
3391
Tampa, FL
33601-3391
Re: Trust Account
Instructions
Dear Mr.
Shivers:
Reference
is made to the Funding and Letter of Credit Agreement (the “Funding and LC Agreement”),
dated January 15, 2010, entered into by and among KEVIN J. FITZGERALD and PAMELA
W. FITZGERALD, husband and wife (together, the “Sellers”), SOUTHWEST SIGNAL,
INC., a Florida corporation (the “Corporation”), EGPI
FIRECREEK, INC., a Nevada corporation (the “Purchaser”), and ST. GEORGE
INVESTMENTS, LLC, an Illinois limited liability company (the “Lender”), and acknowledged by
The Bank of Tampa (the “Bank”) with instructions to
the Bank that such funds be applied for the purposes described in the Funding
and LC Agreement and the documents described therein.
Pursuant
to the Funding and LC Agreement, Lender has deposited or may deposit $925,000.00
(the “Deposit”) in a
trust account (the “Trust
Account”) designated by Foley & Lardner LLP (“Foley & Lardner”) and
Lender is to provide written instructions (these “Trust Account Instructions”)
to Foley & Lardner pertaining to the handling of the
Deposit. Accordingly, the Deposit, after being deposited in the Trust
Account, shall be held and disbursed according to the terms and conditions set
forth in these Trust Account Instructions.
1. Transfer of the Deposit to
the Bank. In the event that the Lender in its sole and
absolute discretion instructs Foley & Lardner in writing (via email to oshivers@foley.com or
facsimile to 813-221-4210) to deliver the Deposit to the Bank, then Foley &
Lardner shall immediately deliver the Deposit to the Bank.
Trust
Account Instructions
Foley
& Lardner
Page
2
2. Return of the Deposit to the
Lender. In the event that either: (i) the Lender in its sole
and absolute discretion instructs Foley & Lardner in writing (via email to
oshivers@foley.com or
facsimile to 813-221-4210) to return the Deposit to the Lender; or (ii) Foley
& Lardner has not received further written instructions from the Lender by
5:00pm CST on January 19, 2010, then Foley & Lardner shall immediately
return the Deposit to the Lender, via wire transfer in the form of immediately
available federal funds, to the following account:
|
Bank
Name:
|
The
Private Bank and Trust Company, Chicago, IL
|
|
ABA
Number:
|
071
006 486
|
|
Account
Name:
|
St
George Investments LLC
|
|
Account
Number:
|
2153493
|
|
Comment/Note:
|
Firecreek
Trust Account Deposit
|
The Deposit is the sole property of the
Lender at all times while the Deposit is in the Trust Account and is not subject
to claims, actions or demands by any other party. Please contact Jon
Hansen at jhansen@btjd.com or
801-438-2022 with any questions.
Very
truly yours,
John M.
Fife,
Manager
cc: Jonathan
K. Hansen