Working Capital FacilityAgreement
Exhibit 10.12.C
Deed of Variation to
Working Capital FacilityAgreement
Tradefloor Holdings Pty Ltd ACN 000 000 000 the Borrower
and
Enhanced Investments Pty Ltd ACN 639 583 930 the Lender
Deed of Variation to
Working Capital FacilityAgreement
DATE: 22 March 2022
PARTIES
TRADEFLOOR HOLDINGS PTY LTD ACN 000 000 000 (“Borrower”);
ENHANCED INVESTMENTS PTY LTD ACN 639 583 930 (“Lender”).
RECITALS
A. | The Lender and the Borrower entered into an Working Capital Facility Agreement dated 15 May2020 (Agreement) as varied on 14 January 2021. | |
B. | The parties hereby agree to amend the Agreement by this deed. |
OPERATIVE PROVISIONS
1. INTERPRETATION
1.1. Interpretation
In this Deed, headings are for convenience of reference only and do not affect interpretation.
2. VARIATION OF AGREEMENT
2.1. Variation
With effect on and from the date of this Deed, the Agreement is varied on the terms set out inSchedule 1 to this Deed.
2.2. Confirmation of Agreement
All provisions of the Agreement other than those varied by clause 2.1 remain unchanged andcontinue in full force.
2.3. Inconsistency
If there is any inconsistency between the provisions of this Deed and the provisions of the Agreement, then the provisions of this Deed prevail.
2.4. No adverse construction
This Deed is not to be construed to the disadvantage of a party because that party was responsible for its preparation.
2.5. Successors and assigns
This Deed binds and benefits the parties and their respective successors and permittedassigns.
2.6. No assignment
A party cannot assign or otherwise transfer the benefit of this Deed without the prior writtenconsent of each other party.
2.7. No variation
This Deed cannot be amended or varied except in writing signed by the parties.
2.8. Costs
Each party must pay its own legal costs of and incidental to the preparation and completion of this Deed.
2.9. Governing law and jurisdiction
This Deed is governed by and must be construed in accordance with the laws in force in the State of Victoria. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to this Deed, itsperformance or subject matter.
2.10. Counterparts
If this Deed consists of a number of signed counterparts, each is an original and all of the counterparts together constitute the same document.
Executed as a Deed
EXECUTED by TRADEFLOOR HOLDINGS
PTY LTD ACN 000 000 000 in accordance
with the Corporations Act 2001 by being
signed by the following officers:
/s/ Xxxxx Xxxxxxx | |
Signature of sole director |
Xxxxx Xxxxxxx | |
Name of sole director (please print) |
EXECUTED by ENHANCED INVESTMENTS
PTY LTD ACN 639 583 930 in accordance
with the Corporations Act 2001 by being
signed by the following officers:
/s/ Xxxxxx Xxx | /s/ Xxxx Xxx | |
Signature of director | Signature of authorised person | |
Xxxxxx Xxx | Xxxx Xxx | |
Name of director (please print) |
Name of authorised person (please print) |
Schedule 1
Schedule 1, Item 1 of the Agreement be deleted and replaced entirely with the following:
Schedule 1 – Key Details
Key Details | ||||
Item 1 | Facility Limit | $5,491,227.68 inclusive of all capitalised interest and fees accrued in accordance with this document. |