Exhibit 10(a)(ii)
THE ROYAL BANK
OF SCOTLAND
Harsco Corporation
Harsco Finance B.V. CORPORATE & INSTITUTIONAL BANKING
Harsco Investment Limited
X/X Xxxxxx Xxxxx
Xxxxxx Xxxx 000 Xxxxxxxxxxx
299 Kingston Road London
Leatherhead EC2M 3UR
Surrey
XX00 0XX Telephone: 000 0000 0000
Facsimile: 020 7375 8745
FAO Xxxxxx Xxxxxxxx Date: 12 December 2001
Dear Sirs,
We, The Royal Bank of Scotland plc acting as agent for National Westminster Bank
plc (the "Bank") refer to the facility agreement dated 15 December 2000 in
respect to US$ 50,000,000 revolving credit facility with term out option (the
"Facility Agreement") whereby the Bank agreed to make available the facility on
the terms and conditions set out therein, and confirm formally the following
amendment thereto.
Terms defined in the Facility Agreement shall have the same meaning herein.
Clause 1 DEFINITIONS AND INTERPRETATION
1.1
"FINAL MATURITY DATE"
Delete existing sub clause (a) and replace with:-
`(a) in relation to a Revolving Loan not converted into a Term Loan pursuant
to Clause 7.2 (Term-Out), 14 December 2002 or, if extended in accordance
with Clause 7.3 (Extension), the date provided for in Clause 7.3
(Extension), or '
Subject only to the amendment detailed herein, all the terms and conditions of
the Facility Agreement remain in full force and effect
Please signify your acceptance of the above offer by returning to us the
duplicate of this letter with the Memorandum of Acceptance duly signed on behalf
of the Borrower and Guarantor together with the following documents, to be in
form and content satisfactory to us:
(i) A certified copy of the resolution of Harsco Investment Limited Board of
Directors authorising,
(a) acceptance of the offer contained in this letter, and
(b) a person or persons to sign the Memorandum of Acceptance hereof.
(ii) Authenticated signatures of the person or persons specified in the Board
Resolution.
(iii) Written confirmation from Boekel De Neree lawyers confirming that their
legal opinion dated 22 December 2000 provided in respect of Harsco
Finance B.V. remains valid.
(iv) Extension fee US$ 45,000.00.
Additional update disclosures are contained on the Addendum dated
December 14, 2001, which is attached hereto and made a part hereof.
/S/ Xxxxxxx Xxxx
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Authorised Signatory
THE ROYAL BANK OF SCOTLAND PLC
(ACTING AS AGENT FOR NATIONAL WESTMINSTER BANK PLC)
Memorandum of Acceptance
We hereby accept the extension to the Facility Agreement set out above.
/S/ Xxxxxxxxx X. Xxxxxxxxx
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For and on behalf of
HARSCO FINANCE B.V.
Date December 14, 2001
Memorandum of Acceptance
We hereby accept the extension to the Facility Agreement set out above.
/S/ Xxxxxxxxx X. Xxxxxxxxx
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For and on behalf of
HARSCO INVESTMENT LIMITED
Date December 14, 2001
Memorandum of Acceptance
We hereby acknowledge the extension to the Facility Agreement set out above.
/S/ Xxxxxxxxx X. Xxxxxxxxx
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For and on behalf of
HARSCO CORPORATION
Date December 14, 2001
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