Common use of Yours faithfully Clause in Contracts

Yours faithfully. NSM McDONALD PARTNERSHIP on behalf of NSM Management Co. LLC 12 March 1998 Part A Notice of Conditional Assignment 12 March 1998 To: N.T.S. Group Public Company Limited 19th Floor, XXX Xxxxx 0 Xxxxxxxxxxxx Xxxx Xxxxxxxxx Xxxxxxx 00000 Attention: Xx. Xxxxxx Xxxxxxx Dear Sirs: We refer to the Shareholders' Agreement dated 12 March 1998 between Nakornthai Strip Mill Public Company Limited (the "Assignor") and yourselves (the "Project Document"). We hereby give you notice that pursuant to the Conditional Assignment of Project Documents made between the Assignor, the Thai Lenders, the Trustees, the Debenture Trustee and the Collateral Agent (each as defined therein) dated 12 March 1998 (the "Conditional Assignment") the Assignor conditionally assigned all rights, title and interest in and to the Project Document and conditionally transferred all of its obligations under the Project Document to the Collateral Agent for the benefit of the Thai Lenders, holders of the Notes and the holders of Debentures, and agreed that when such conditional assignment becomes effective, the Thai Lenders, the holders of the Notes and the holders of Debentures may substitute the Collateral Agent or its Designee as a party to the Project Document in the place of the Assignor. This substitution shall become effective and binding upon giving a Transfer Notice (and until such time as such Transfer Notice is rescinded in accordance with the terms of the Security Sharing Agreement) to you confirming that the conditional assignment and transfer by way of novation has become effective (the "Transfer and Novation"). Upon the Transfer and Novation the Collateral Agent or the Designee, as the case may be, shall acquire all rights, title and interest in the Project Document identical to those of the Assignor and shall assume obligations toward you identical to those obligations owed by the Assignor to you under the Project Document. Upon the Transfer and Novation, the Assignor shall cease to be entitled to exercise such rights, title and interest but shall undertake to remain, jointly and severally with the Collateral Agent or the Designee, liable to perform such obligations. After delivery of such Transfer Notice all references in the Project Document to the Assignor shall be deemed as references to the Collateral Agent or the Designee, as the case may be. We hereby confirm that you may rely conclusively upon any Transfer Notice, when duly issued and delivered to you and that you shall not be concerned to inquire whether any Event of Default (as defined in the Bank Credit Facility, the Indentures and the Debenture Indenture, as the case may be) has happened upon which any of the powers, authority and discretion conferred upon the Collateral Agent by or pursuant to the Conditional Assignment in relation to the rights, title and interests under and in respect of the Project Document or any part thereof is or may be exercisable by the Collateral Agent or otherwise as to the appropriateness of acts purporting or intended to be in exercise of any such powers. This notice may not be revoked without the consent of the Thai Lenders, the Trustees and the Debenture Trustee. For the avoidance of doubt, references in this notice to the Project Document shall be construed as references to the Project Document as the same may have been or may from time to time be amended, novated or supplemented and shall include any document which is supplemental to, is expressed to be related to or is entered into pursuant to or in accordance with the terms of the Project Document. Except as otherwise provided herein, all words and expressions in this notice shall have the same respective meanings as described in the Conditional Assignment. Please acknowledge receipt of this notice and confirm your agreement to the terms hereof and to the Conditional Assignment in the form of Acknowledgment attached hereto (the "Acknowledgment") by duly executing and returning one copy of the Acknowledgment to the Collateral Agent at The Chase Manhattan Bank, Xxxxxxxx Xxxxxxxx, 00 Xxxxx Xxxxxxx Xxxx, Xxxxxxx 00000 and another copy to the Assignor. This notice and the Acknowledgment shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. Yours faithfully, NAKORNTHAI STRIP MILL PUBLIC COMPANY LIMITED as Assignor By: /s/ Sawasdi Horrungruang -------------------------------- Title: Chairman We confirm our agreement with the foregoing. THE CHASE MANHATTAN BANK as Collateral Agent By: ----------------------------- Name: Title: Attachment: Acknowledgement of the Counterparty Part B Acknowledgment and Agreement To: THE CHASE MANHATTAN BANK 00 Xxxxx Xxxxxxx Xxxx Xxxxx, Xxxxxxx Xxxxxxx 00000 NAKORNTHAI STRIP MILL PUBLIC COMPANY LIMITED Xx. 0, XX Xxxxx, 00xx Xxxxx Xxxxxx Xxxxxxxxx, Xxxx Suanluang Bangkok We hereby acknowledge receipt of a notice of conditional assignment dated 12 March 1998, ("Notice of Conditional Assignment"), attaching a form of Acknowledgment and Agreement. We now undertake and confirm to you that:

Yours faithfully. NSM McDONALD PARTNERSHIP on behalf of NSM Management Co. LLC Khun Sawasdi Horrungruang 12 March 1998 Part A Notice of Conditional Assignment 12 March 1998 To: N.T.S. Group Public Company Limited 19th FloorSteel Dynamics, XXX Xxxxx 0 Xxxxxxxxxxxx Inc. 0000 Xxxxxxx Xxxx Xxxxxxxxx Xxxxxxx 00000 00 Xxxxxx, IN 46721 Attention: Xx. Xxxxxx Xxxxxxx Xxxxx X. Busse President Dear Sirs: We refer to the Shareholders' SDI Management Agreement dated 12 March 1998 between Nakornthai Strip Mill Public Company Limited (the "Assignor") and yourselves (the "Project Document"). We hereby give you notice that pursuant to the Conditional Assignment of Project Documents made between the Assignor, the Thai Lenders, the Trustees, the Debenture Trustee and the Collateral Agent (each as defined therein) dated 12 March 1998 (the "Conditional Assignment") the Assignor conditionally assigned all rights, title and interest in and to the Project Document and conditionally transferred all of its obligations under the Project Document to the Collateral Agent for the benefit of the Thai Lenders, holders of the Notes and the holders of Debentures, and agreed that when such conditional assignment becomes effective, the Thai Lenders, the holders of the Notes and the holders of Debentures may substitute the Collateral Agent or its Designee as a party to the Project Document in the place of the Assignor. This substitution shall become effective and binding upon giving a Transfer Notice (and until such time as such Transfer Notice is rescinded in accordance with the terms of the Security Sharing Agreement) to you confirming that the conditional assignment and transfer by way of novation has become effective (the "Transfer and Novation"). Upon the Transfer and Novation the Collateral Agent or the Designee, as the case may be, shall acquire all rights, title and interest in the Project Document identical to those of the Assignor and shall assume obligations toward you identical to those obligations owed by the Assignor to you under the Project Document. Upon the Transfer and Novation, the Assignor shall cease to be entitled to exercise such rights, title and interest but shall undertake to remain, jointly and severally with the Collateral Agent or the Designee, liable to perform such obligations. After delivery of such Transfer Notice all references in the Project Document to the Assignor shall be deemed as references to the Collateral Agent or the Designee, as the case may be. We hereby confirm that you may rely conclusively upon any Transfer Notice, when duly issued and delivered to you and that you shall not be concerned to inquire whether any Event of Default (as defined in the Bank Credit Facility, the Indentures and the Debenture Indenture, as the case may be) has happened upon which any of the powers, authority and discretion conferred upon the Collateral Agent by or pursuant to the Conditional Assignment in relation to the rights, title and interests under and in respect of the Project Document or any part thereof is or may be exercisable by the Collateral Agent or otherwise as to the appropriateness of acts purporting or intended to be in exercise of any such powers. This notice may not be revoked without the consent of the Thai Lenders, the Trustees and the Debenture Trustee. For the avoidance of doubt, references in this notice to the Project Document shall be construed as references to the Project Document as the same may have been or may from time to time be amended, novated or supplemented and shall include any document which is supplemental to, is expressed to be related to or is entered into pursuant to or in accordance with the terms of the Project Document. Except as otherwise provided herein, all words and expressions in this notice shall have the same respective meanings as described in the Conditional Assignment. Please acknowledge receipt of this notice and confirm your agreement to the terms hereof and to the Conditional Assignment in the form of Acknowledgment attached hereto (the "Acknowledgment") by duly executing and returning one copy of the Acknowledgment to the Collateral Agent at The Chase Manhattan Bank, Xxxxxxxx Xxxxxxxx, 00 Xxxxx Xxxxxxx Xxxx, Xxxxxxx 00000 and another copy to the Assignor. This notice and the Acknowledgment shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. Yours faithfully, NAKORNTHAI STRIP MILL PUBLIC COMPANY LIMITED as Assignor By: /s/ Sawasdi Horrungruang -------------------------------- ------------------------------ Title: Chairman We confirm our agreement with the foregoing. THE CHASE MANHATTAN BANK as Collateral Agent By: ----------------------------- Name: Title: Attachment: Acknowledgement of the Counterparty Part B Acknowledgment and Agreement To: THE CHASE MANHATTAN BANK 00 Xxxxx Xxxxxxx Xxxx Xxxxx, Xxxxxxx Xxxxxxx 00000 NAKORNTHAI STRIP MILL PUBLIC COMPANY LIMITED Xx. 0, XX Xxxxx, 00xx Xxxxx Xxxxxx Xxxxxxxxx, Xxxx Suanluang Bangkok Bangkok, We hereby acknowledge receipt of a notice of conditional assignment dated 12 March 1998, ("Notice of Conditional Assignment"), attaching a form of Acknowledgment and Agreement. We now undertake and confirm to you that:

Yours faithfully. NSM McDONALD PARTNERSHIP on behalf of NSM Management Co. LLC STEEL DYNAMICS, INC. 12 March 1998 Part A Notice of Conditional Assignment 12 March 1998 To: N.T.S. Group Public Company Limited 19th FloorECT THAILAND INVESTMENTS, XXX INC. c/o Enron Capital & Trade Resources Corporation 0000 Xxxxx 0 Xxxxxxxxxxxx Xxxx Xxxxxxxxx Xxxxxxx 00000 Xx. Houston, TX 77002 Attention: Xx. Xxxxxx Xxxxxxx Xxxxx X. Xxxxx Dear Sirs: We refer to the Shareholders' Agreement dated 12 March 1998 between Nakornthai Strip Mill Public Company Limited (the "Assignor") and yourselves (the "Project Document"). We hereby give you notice that pursuant to the Conditional Assignment of Project Documents made between the Assignor, the Thai Lenders, the Trustees, the Debenture Trustee and the Collateral Agent (each as defined therein) dated 12 March 1998 (the "Conditional Assignment") the Assignor conditionally assigned all rights, title and interest in and to the Project Document and conditionally transferred all of its obligations under the Project Document to the Collateral Agent for the benefit of the Thai Lenders, holders of the Notes and the holders of Debentures, and agreed that when such conditional assignment becomes effective, the Thai Lenders, the holders of the Notes and the holders of Debentures may substitute the Collateral Agent or its Designee as a party to the Project Document in the place of the Assignor. This substitution shall become effective and binding upon giving a Transfer Notice (and until such time as such Transfer Notice is rescinded in accordance with the terms of the Security Sharing Agreement) to you confirming that the conditional assignment and transfer by way of novation has become effective (the "Transfer and Novation"). Upon the Transfer and Novation the Collateral Agent or the Designee, as the case may be, shall acquire all rights, title and interest in the Project Document identical to those of the Assignor and shall assume obligations toward you identical to those obligations owed by the Assignor to you under the Project Document. Upon the Transfer and Novation, the Assignor shall cease to be entitled to exercise such rights, title and interest but shall undertake to remain, jointly and severally with the Collateral Agent or the Designee, liable to perform such obligations. After delivery of such Transfer Notice all references in the Project Document to the Assignor shall be deemed as references to the Collateral Agent or the Designee, as the case may be. We hereby confirm that you may rely conclusively upon any Transfer Notice, when duly issued and delivered to you and that you shall not be concerned to inquire whether any Event of Default (as defined in the Bank Credit Facility, the Indentures and the Debenture Indenture, as the case may be) has happened upon which any of the powers, authority and discretion conferred upon the Collateral Agent by or pursuant to the Conditional Assignment in relation to the rights, title and interests under and in respect of the Project Document or any part thereof is or may be exercisable by the Collateral Agent or otherwise as to the appropriateness of acts purporting or intended to be in exercise of any such powers. This notice may not be revoked without the consent of the Thai Lenders, the Trustees and the Debenture Trustee. For the avoidance of doubt, references in this notice to the Project Document shall be construed as references to the Project Document as the same may have been or may from time to time be amended, novated or supplemented and shall include any document which is supplemental to, is expressed to be related to or is entered into pursuant to or in accordance with the terms of the Project Document. Except as otherwise provided herein, all words and expressions in this notice shall have the same respective meanings as described in the Conditional Assignment. Please acknowledge receipt of this notice and confirm your agreement to the terms hereof and to the Conditional Assignment in the form of Acknowledgment attached hereto (the "Acknowledgment") by duly executing and returning one copy of the Acknowledgment to the Collateral Agent at The Chase Manhattan Bank, Xxxxxxxx Xxxxxxxx, 00 Xxxxx Xxxxxxx Xxxx, Xxxxxxx 00000 and another copy to the Assignor. This notice and the Acknowledgment shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. Yours faithfully, NAKORNTHAI STRIP MILL PUBLIC COMPANY LIMITED as Assignor By: /s/ Sawasdi Horrungruang -------------------------------- ------------------------------ Title: Chairman We confirm our agreement with the foregoing. THE CHASE MANHATTAN BANK as Collateral Agent By: ----------------------------- Name: Title: Attachment: Acknowledgement of the Counterparty Part B Acknowledgment and Agreement To: THE CHASE MANHATTAN BANK 00 Xxxxx Xxxxxxx Xxxx Xxxxx, Xxxxxxx Xxxxxxx 00000 NAKORNTHAI STRIP MILL PUBLIC COMPANY LIMITED Xx. 0, XX Xxxxx, 00xx Xxxxx Xxxxxx Xxxxxxxxx, Xxxx Suanluang Bangkok We hereby acknowledge receipt of a notice of conditional assignment dated 12 March 1998, ("Notice of Conditional Assignment"), attaching a form of Acknowledgment and Agreement. We now undertake and confirm to you that:

Yours faithfully. NSM McDONALD PARTNERSHIP on behalf of NSM Management Co. LLC ECT THAILAND INVESTMENTS, INC. 12 March 1998 Part A Notice of Conditional Assignment 12 March 1998 To: N.T.S. Group Public NSM McDONALD PARTNERSHIP c/x XxXxxxxx & Company Limited 19th FloorSecurities, XXX Xxxxx 0 Xxxxxxxxxxxx Inc. XxXxxxxx Investment Center 000 Xxxxxxxx Xxxxxx Xxxxxxxxx, Xxxx Xxxxxxxxx Xxxxxxx 00000 00000-0000 U.S.A. Attention: Xx. Xxxxxx Xxxxxxx Xxxxx Xxxxxxxx Dear Sirs: We refer to the Shareholders' Management Agreement dated 12 March 1998 between Nakornthai Strip Mill Public Company Limited (the "Assignor") and yourselves on behalf of NSM Management Co. LLC (the "Project Document"). We hereby give you notice that pursuant to the Conditional Assignment of Project Documents made between the Assignor, the Thai Lenders, the Trustees, the Debenture Trustee and the Collateral Agent (each as defined therein) dated 12 March 1998 (the "Conditional Assignment") the Assignor conditionally assigned all rights, title and interest in and to the Project Document and conditionally transferred all of its obligations under the Project Document to the Collateral Agent for the benefit of the Thai Lenders, holders of the Notes and the holders of the Debentures, and agreed that when such conditional assignment becomes effective, the Thai Lenders, the holders of the Notes and the holders of the Debentures may substitute the Collateral Agent or its Designee as a party to the Project Document in the place of the Assignor. This substitution shall become effective and binding upon giving a Transfer Notice (and until such time as such Transfer Notice is rescinded in accordance with the terms of the Security Sharing Agreement) to you confirming that the conditional assignment and transfer by way of novation has become effective (the "Transfer and Novation"). Upon the Transfer and Novation the Collateral Agent or the Designee, as the case may be, shall acquire all rights, title and interest in the Project Document identical to those of the Assignor and shall assume obligations toward you identical to those obligations owed by the Assignor to you under the Project Document. Upon the Transfer and Novation, the Assignor shall cease to be entitled to exercise such rights, title and interest but shall undertake to remain, jointly and severally with the Collateral Agent or the Designee, liable to perform such obligations. After delivery of such Transfer Notice all references in the Project Document to the Assignor shall be deemed as references to the Collateral Agent or the Designee, as the case may be. We hereby confirm that you may rely conclusively upon any Transfer Notice, when duly issued and delivered to you and that you shall not be concerned to inquire whether any Event of Default (as defined in the Bank Credit Facility, the Indentures and the Debenture Indenture, as the case may be) has happened upon which any of the powers, authority and discretion conferred upon the Collateral Agent by or pursuant to the Conditional Assignment in relation to the rights, title and interests under and in respect of the Project Document or any part thereof is or may be exercisable by the Collateral Agent or otherwise as to the appropriateness of acts purporting or intended to be in exercise of any such powers. This notice may not be revoked without the consent of the Thai Lenders, the Trustees and the Debenture Trustee. For the avoidance of doubt, references in this notice to the Project Document shall be construed as references to the Project Document as the same may have been or may from time to time be amended, novated or supplemented and shall include any document which is supplemental to, is expressed to be related to or is entered into pursuant to or in accordance with the terms of the Project Document. Except as otherwise provided herein, all words and expressions in this notice shall have the same respective meanings as described in the Conditional Assignment. Please acknowledge receipt of this notice and confirm your agreement to the terms hereof and to the Conditional Assignment in the form of Acknowledgment attached hereto (the "Acknowledgment") by duly executing and returning one copy of the Acknowledgment to the Collateral Agent at The Chase Manhattan Bank, Xxxxxxxx Xxxxxxxx, 00 Xxxxx Xxxxxxx Xxxx, Xxxxxxx 00000 and another copy to the Assignor. This notice and the Acknowledgment shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. Yours faithfully, NAKORNTHAI STRIP MILL PUBLIC COMPANY LIMITED as Assignor By: /s/ Sawasdi Horrungruang -------------------------------- ------------------------------ Title: Chairman We confirm our agreement with the foregoing. THE CHASE MANHATTAN BANK as Collateral Agent By: ----------------------------- Name: Title: Attachment: Acknowledgement of the Counterparty Part B Acknowledgment and Agreement To: THE CHASE MANHATTAN BANK 00 Xxxxx Xxxxxxx Xxxx Xxxxx, Xxxxxxx Xxxxxxx 00000 NAKORNTHAI STRIP MILL PUBLIC COMPANY LIMITED Xx. 0, XX Xxxxx, 00xx Xxxxx Xxxxxx Xxxxxxxxx, Xxxx Suanluang Bangkok We hereby acknowledge receipt of a notice of conditional assignment dated 12 March 1998, ("Notice of Conditional Assignment"), attaching a form of Acknowledgment and Agreement. We now undertake and confirm to you that:

Yours faithfully. NSM McDONALD PARTNERSHIP on behalf of NSM Management Co. LLC 12 March 1998 N.T.S. Group Public Company Limited Part A Notice of Conditional Assignment 12 March 1998 To: N.T.S. Group Public Company Limited Khun Sawasdi Horrungruang 19th Floor, XXX XX Xxxxx 0 Xxxxxxxxxxxx Xxxx Xxxxxxxxx Xxxxxxx 00000 Attention: Xx. Xxxxxx Xxxxxxx Dear Sirs: We refer to the Shareholders' Agreement dated 12 March 1998 between Nakornthai Strip Mill Public Company Limited (the "Assignor") and yourselves (the "Project Document"). We hereby give you notice that pursuant to the Conditional Assignment of Project Documents made between the Assignor, the Thai Lenders, the Trustees, the Debenture Trustee and the Collateral Agent (each as defined therein) dated 12 March 1998 (the "Conditional Assignment") the Assignor conditionally assigned all rights, title and interest in and to the Project Document and conditionally transferred all of its obligations under the Project Document to the Collateral Agent for the benefit of the Thai Lenders, holders of the Notes and the holders of Debentures, and agreed that when such conditional assignment becomes effective, the Thai Lenders, the holders of the Notes and the holders of Debentures may substitute the Collateral Agent or its Designee as a party to the Project Document in the place of the Assignor. This substitution shall become effective and binding upon giving a Transfer Notice (and until such time as such Transfer Notice is rescinded in accordance with the terms of the Security Sharing Agreement) to you confirming that the conditional assignment and transfer by way of novation has become effective (the "Transfer and Novation"). Upon the Transfer and Novation the Collateral Agent or the Designee, as the case may be, shall acquire all rights, title and interest in the Project Document identical to those of the Assignor and shall assume obligations toward you identical to those obligations owed by the Assignor to you under the Project Document. Upon the Transfer and Novation, the Assignor shall cease to be entitled to exercise such rights, title and interest but shall undertake to remain, jointly and severally with the Collateral Agent or the Designee, liable to perform such obligations. After delivery of such Transfer Notice all references in the Project Document to the Assignor shall be deemed as references to the Collateral Agent or the Designee, as the case may be. We hereby confirm that you may rely conclusively upon any Transfer Notice, when duly issued and delivered to you and that you shall not be concerned to inquire whether any Event of Default (as defined in the Bank Credit Facility, the Indentures and the Debenture Indenture, as the case may be) has happened upon which any of the powers, authority and discretion conferred upon the Collateral Agent by or pursuant to the Conditional Assignment in relation to the rights, title and interests under and in respect of the Project Document or any part thereof is or may be exercisable by the Collateral Agent or otherwise as to the appropriateness of acts purporting or intended to be in exercise of any such powers. This notice may not be revoked without the consent of the Thai Lenders, the Trustees and the Debenture Trustee. For the avoidance of doubt, references in this notice to the Project Document shall be construed as references to the Project Document as the same may have been or may from time to time be amended, novated or supplemented and shall include any document which is supplemental to, is expressed to be related to or is entered into pursuant to or in accordance with the terms of the Project Document. Except as otherwise provided herein, all words and expressions in this notice shall have the same respective meanings as described in the Conditional Assignment. Please acknowledge receipt of this notice and confirm your agreement to the terms hereof and to the Conditional Assignment in the form of Acknowledgment attached hereto (the "Acknowledgment") by duly executing and returning one copy of the Acknowledgment to the Collateral Agent at The Chase Manhattan Bank, Xxxxxxxx Xxxxxxxx, 00 Xxxxx Xxxxxxx Xxxx, Xxxxxxx 00000 and another copy to the Assignor. This notice and the Acknowledgment shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. Yours faithfully, NAKORNTHAI STRIP MILL PUBLIC COMPANY LIMITED as Assignor By: /s/ Sawasdi Horrungruang -------------------------------- ------------------------------- Title: Chairman We confirm our agreement with the foregoing. THE CHASE MANHATTAN BANK as Collateral Agent By: ----------------------------- Name: Title: Attachment: Acknowledgement of the Counterparty Part B Acknowledgment and Agreement To: THE CHASE MANHATTAN BANK 00 Xxxxx Xxxxxxx Xxxx Xxxxx, Xxxxxxx Xxxxxxx 00000 NAKORNTHAI NAKORNTRAI STRIP MILL PUBLIC COMPANY LIMITED Xx. 0, XX Xxxxx, 00xx Xxxxx Xxxxxx Xxxxxxxxx, Xxxx Suanluang Bangkok We hereby acknowledge receipt of a notice of conditional assignment dated 12 March 1998, ("Notice of Conditional Assignment"), attaching a form of Acknowledgment and Agreement. We now undertake and confirm to you that: