To: Sims Metal Management Limited (Sims) Level 12, Suite 1202
Exhibit 4.11
June 23, 2011
To:
|
Xxxx Metal Management Limited (Sims) | |
Xxxxx 00, Xxxxx 0000 | ||
00 Xxxxx Xxxxxx | ||
Xxxxx Xxxxxx XXX 0000 | ||
Attention:
|
Xx Xxxxxx Xxxxxx | |
Group Chief Executive |
Dear Sirs
Application of clause 7.17 of the Common Terms Deed 2011
We refer to the Common Terms Deed dated on or about the date of this letter (Common Terms Deed)
between Sims, each party listed in Part 1 of Schedule 1 of that deed as Original Borrowers, each
party listed in Part 2 of Schedule 1 of that deed as Original Guarantors and the persons listed in
Part 3 of Schedule 1 of that deed as Original Lenders, including Bank of America, N.A. (the
Lender).
Capitalised terms in this certificate have the meaning given in the Common Terms Deed unless
otherwise defined herein.
Pursuant to clause 7.17(c) of the Common Terms Deed, the Lender and Sims agree that clause 7.17 of
the Common Terms Deed is to apply in respect of the Lender and all Guarantors.
This letter is a Transaction Document in respect of the Lender for the purposes of the Common Terms
Deed.
BANK OF AMERICA, N.A. | ||||||
By: | /s/ Xxxxxxx X. Xxxxxxxxx | |||||
Name: Xxxxxxx X. Xxxxxxxxx | ||||||
Title: Senior Vice President |
Agreed and acknowledged by Sims:
Sims | ||||
Signed for | ||||
Xxxx Metal Management Limited | ||||
ACN 114 838 630 | ||||
sign here ►
|
/s/ Xxxxxx X. Xxxxxx | |||
Director | ||||
print name
|
Xxxxxx X. Xxxxxx | |||
sign here ►
|
/s/ Xxxxx Xxxxxxx | |||
Director/Company Secretary | ||||
print name
|
Xxxxx Xxxxxxx |