Contract
9 May 2019
Xx Xxxxxxx Xxx Xxxxx
Chief Executive Officer
Stanwell Corporation Limited
Level 2
000 Xxx Xxxxxx
BRISBANE QLD 4000
Dear Xxxxxxx
Curragh Mine — New Coal Supply Deed
I refer to the Curragh Mine — New Coal Supply Deed between Coronado Curragh Pty Ltd ACN 009 362 565 (Coronado) and Stanwell Corporation Limited ACN 078 848 674 (Stanwell) dated 14 August 2018, as amended (New Coal Supply Deed).
Capitalised terms that are used but not defined in this letter have the meaning specified in the New Coal Supply Deed.
In accordance with the New Coal Supply Deed, various members of the Coronado Group and third parties are required to provide the Acceptable Security to Stanwell. The Acceptable Security should be released and/or returned at the expiry of the New CSA.
To facilitate this, Xxxxxxxx proposes amending the New Coal Supply Deed to provide that the Acceptable Security is released and/or returned at the expiry of the New CSA. Xxxxxxxx therefore seeks Xxxxxxxx’s agreement that the following clause will be added as a new clause 4.5 of the New Coal Supply Deed:
“4.5 — Return of Acceptable Security
(a) On or after the expiry of the New CSA, Xxxxxxxx must, at the written request of Xxxxxxxx:
(i) discharge any security interest granted under each Acceptable Security; and
(ii) transfer back to the relevant member of the Coronado Group all rights and interests in all accounts and chattel paper which were transferred to Stanwell under any Acceptable Security to which that member of the Coronado Group is a party.
(b) Xxxxxxxx’s obligations under this clause 4.5 are subject to Xxxxxxxx being satisfied that the relevant member of the Coronado Group or third party does not owe further secured obligations under this deed, the Binding Terms Sheet or the New CSA, or otherwise in respect of the relevant Acceptable Security or guarantee.”
If Xxxxxxxx agrees to this amendment of the New Coal Supply Deed, please execute this letter as a deed as provided below and deliver a fully signed counterpart of this letter to the undersigned on behalf of Xxxxxxxx.
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Coronado Curragh Pty Ltd |
Level 00, Xxxxxxx Xxxxx One |
T x000 0000 0000 |
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ABN 90 009 362 565 |
345 Queen Street |
F x000 0000 0000 |
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GPO Box 51 Brisbane QLD 4000 |
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Private Mail Bag |
T x000 0000 0000 |
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Blackwater QLD 4717 |
F x000 0000 0000 |
xxx.xxxxxxx.xxx.xx |
From the date that each of Xxxxxxxx and Stanwell have executed and delivered this letter to the other (whether by the exchange of signed originals or by the exchange of signed PDF counterparts by email), the signatories for each party will be deemed to have represented and warranted to the other party that they have all necessary power and authority to execute and deliver this letter as a deed and the provisions of this letter will have full force and effect as a deed, and the New Coal Supply Deed will be amended accordingly.
Yours sincerely
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/s/ Xxxxxx X. Xxxxxxxx |
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Xxxxxx X. Xxxxxxxx |
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Chief Executive Officer
Executed as a deed
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Executed by Coronado Curragh Pty Ltd ABN 90 009 362 565 in accordance with Section 127 of the Corporations Act 2001 (Cth) |
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/s/ Xxxxx Xxxxxxx |
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/s/ Xxxxxxxx X. Xxxxxxxx |
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Signature of director |
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Signature of |
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Xxxxx Xxxxxxx |
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Xxxxxxxx X. Xxxxxxxx |
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Name of director (print) |
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Name of director/company secretary (print) |
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Signed, sealed and delivered by Xxxxxxx Xxx Xxxxx for Stanwell Corporation Limited ACN 078 848 674 under power of attorney in the presence of |
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/s/ Xxxxxx Xxxx |
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/s/ Xxxxxxx Xxx Xxxxx | |
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Signature of witness |
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Xxxxxxx Xxx Xxxxx | |
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Xxxxxx Xxxx, Solicitor |
17/5/19 |
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Name of witness (print) |
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xxx.xxxxxxx.xxx.xx
