EX-4.5
from 10-Q
10 pages
This Is to Confirm the Consensus Principles That Have Been Developed With the Bank of New York (“Bank”), as Trustee of the BP Prudhoe Bay Royalty Trust (“Trust”), for Applying the Alaska Oil and Gas Production Tax (“New Tax”), as Amended by Chapter 2, Third Special Session Laws of Alaska 2006 (“Act”), in the Context of the Overriding Royalty Conveyance (“Conveyance”) and the Overriding Royalty Interest (“Orri”) Thereunder That Is Owned by the Trust. These Principles Would Resolve the Two Major Issues Presented by the Act: One, How the Amount of New Tax Chargeable Against the Orri Will Be Determined Under the Conveyance; and Two, the Extent, if Any, to Which the Retroactivity of the New Tax Under the Act Is to Be Recognized for Purposes of the Conveyance. We Understand the Consensus Principles to Be the Following: 1. Calculation of the Amount of New Tax Chargeable Against the Orri. the Amount of New Tax Chargeable Against the Trust’s Orri Under the Conveyance Will Be Determined as Follows: A) the Taxable Value Per Barrel Equals the Wti Price Determined Under Section 4.3 of the Conveyance,1 Minus the Chargeable Costs Under Section 4.4 as Adjusted by the Cost Adjustment Factor Under Section 4.5. 1 All References Herein to a “Section” With a Capital “S” Refer to the Corresponding Section of the Conveyance Unless Otherwise Specifically Noted. Ms. Ming J. Ryan, Vice President the Bank of New York October 11, 2006 Page 2
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