Letter amending facility agreement
Letter
amending facility agreement
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St.
Xxxxxx Bank Limited
ABN
92 055 513 070
Xxxxx
0
00
Xxxxx Xxxxxx
XXXXX
XXXXXX XXX 0000
Phone 02
8923 2743
Facsimile 02
8923 2746
e-mail xxxxxxxxxx@xxxxxxxx.xxx.xx
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21
November 2008
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The
Secretary
AMT
Australia Holdings Pty Limited
Xxxxx
0
000-000
Xxxxxx Xxxx
XXXXXXXXXX XXX 0000
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Attention: Xxxxx
Xxxxxxxx
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Dear
Dilip
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Re
: Facilities Amendments
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We
refer to the Facility offer from us to you dated 22 October 2008 and
accepted by you on 06 November 2008 (“facility agreement”). We
also refer to our recent discussions relating to the Commercial Overdraft
and the Commercial Xxxx Acceptance/Discount Facility. We are pleased to
offer you the following:
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-
Details of the amendment are set out
below.
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Facilities
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• Commercial
Overdraft
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$ | 500,000 | ||
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•
Commercial Xxxx Acceptance/Discount
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$ | 1,900,000 |
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Total
Facility Limits
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Total
of all Limits (excluding sub-limits) is:
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$ | 2,400,000 |
| Security Amendment |
Release
Whygo Video Conferencing Pty Limited from providing the following
security:
•
Limited Cross Guarantee for $2,400,000
•
Fixed & Floating
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| All other terms of the facility agreement (including the Standard Terms) continue to apply. |
| Meaning of words |
The
meaning of the words printed in italics and of some
other common key words is explained at the end of the Standard
Terms.
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Fees
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You must pay us the following fees: |
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Legal
Fees and other costs for preparing the security documents and this
agreement and reviewing documents presented to us under this agreement -
payable once this letter is returned to the
bank
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| How to accept |
You
may accept this offer by signing the enclosed copy and returning it within
one month of the date of this
letter.
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| If you do not, our offer is automatically withdrawn. |
| Yours sincerely |
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Xxxx
Xxxxxxxxx
Relationship
Manager
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2
Acceptance
by you:
By
signing this document, you:
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1.
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accept
the facilities on the terms set out in this facility offer and the General
Standard Terms
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2.
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acknowledge
that:
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(a)
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a
legally binding contract is created between you and
us
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(b)
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you
have made your own independent judgment and decision to enter this
facility agreement and are not relying on any information given or
representations made by us to you
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3.
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make
the declarations in the General Standard
Terms.
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We
recommend that you obtain independent legal and financial advice before entering
into this facility agreement.
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EXECUTED by AMI AUSTRALIA
PTY
LIMITED (ABN 56 095 238
645 ) in
accordance
with section 127(1) of the
Corporations
Xxx 0000 (Cwlth) by authority of
its
directors:
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)
)
)
)
)
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Signature
of Director
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)
)
)
)
)
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Signature of
director/company secretary*
*delete whichever is not
applicable
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Name
of director (block letters)
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)
)
)
)
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Name
of director/company secretary*
(block
letters)
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)
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*delete
whichever is not applicable
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)
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||
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Dated:
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)
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Dated:
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3
Acknowledgement
by guarantor(s):
The terms
of this facility agreement are acknowledged by each guarantor
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EXECUTED by AMI
INTERNATIONAL
PTY LIMITED (ABN 14 120
970 461) in
accordance
with section 127(1) of the
Corporations
Xxx 0000 (Cwlth) by authority of
its
directors:
|
)
)
)
)
)
|
|
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Signature
of Director
|
)
)
)
)
)
|
Signature of
director/company secretary*
*delete
whichever is not applicable
|
|
Name
of director (block letters)
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)
)
)
)
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Name
of director/company secretary*
(block
letters)
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)
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*delete
whichever is not applicable
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)
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||
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Dated:
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)
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Dated:
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EXECUTED by AMI
MANAGEMENT
PTY LIMITED (ABN 56 116
456 136) in
accordance
with section 127(1) of the
Corporations
Xxx 0000 (Cwlth) by authority of
its
directors:
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)
)
)
)
)
|
|
|
Signature
of Director
|
)
)
)
)
)
|
Signature of
director/company secretary*
*delete
whichever is not applicable
|
|
Name
of director (block letters)
|
)
)
)
)
|
Name
of director/company secretary*
(block
letters)
|
|
)
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*delete
whichever is not applicable
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)
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||
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Dated:
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)
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Dated:
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4
Acknowledgement
by guarantor(s):
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EXECUTED by PE PATENT
HOLDCO
PTY LIMITED (ABN 65 116
786 737) in
accordance
with section 127(1) of the
Corporations
Xxx 0000 (Cwlth) by authority of
its
directors:
|
)
)
)
)
)
|
|
|
Signature
of Director
|
)
)
)
)
)
|
Signature of
director/company secretary*
*delete
whichever is not applicable
|
|
Name
of director (block letters)
|
)
)
)
)
|
Name
of director/company secretary*
(block
letters)
|
|
)
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*delete
whichever is not applicable
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)
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||
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Dated:
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)
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Dated:
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EXECUTED by ADVANCED MEDICAL
INSTITUTE
PTY LIMITED (ABN 21 117
372 915) in
accordance
with section 127(1) of the
Corporations
Xxx 0000 (Cwlth) by authority of
its
directors:
|
)
)
)
)
)
|
|
|
Signature
of Director
|
)
)
)
)
)
|
Signature of
director/company secretary*
*delete
whichever is not applicable
|
|
Name
of director (block letters)
|
)
)
)
)
|
Name
of director/company secretary*
(block
letters)
|
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)
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*delete
whichever is not applicable
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)
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||
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Dated:
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)
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Dated:
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5
Acknowledgement by guarantor(s):
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EXECUTED by INTELLIGENT
MEDICAL TECHNOLOGIES
PTY
LIMITED (ABN 30 107 047
496) in
accordance
with section 127(1) of the
Corporations
Xxx 0000 (Cwlth) by authority of
its
directors:
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)
)
)
)
)
)
|
|
|
Signature
of Director
|
)
)
)
)
)
|
Signature of
director/company secretary*
*delete
whichever is not applicable
|
|
Name
of director (block letters)
|
)
)
)
)
|
Name
of director/company secretary*
(block
letters)
|
|
)
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*delete
whichever is not applicable
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)
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||
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Dated:
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)
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Dated:
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EXECUTED by WORLDWIDE
PE
PATENT PTY LIMITED (ABN
16 117 157
427)
in accordance with section 127(1) of the
Corporations
Xxx 0000 (Cwlth) by authority of
its
directors:
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)
)
)
)
)
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Signature
of Director
|
)
)
)
)
)
|
Signature of
director/company secretary*
*delete
whichever is not applicable
|
|
Name
of director (block letters)
|
)
)
)
)
|
Name
of director/company secretary*
(block
letters)
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)
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*delete
whichever is not applicable
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)
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||
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Dated:
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)
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Dated:
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6