WORKING CAPITAL FACILITY AGREEMENT – EXTENSION OF ALL ADVANCES
Exhibit 10.12.H
3 November 2022
Xxxxxx Xxx
Enhanced Investments Pty Ltd c/- BMY Group Pty Ltd
Level 4, 000 - 000 Xxxxxxxx Xxxxxx
Melbourne VIC 3000
By email
Dear Xxxxxx
WORKING CAPITAL FACILITY AGREEMENT – EXTENSION OF ALL ADVANCES
| 1 | Introduction |
| 1.1 | Enhanced Investments Pty Ltd (ACN 639 583 930) (Lender, you) and TradeFloor Holdings Pty Ltd (ACN 000 000 000) (Borrower, we, us) are parties to the working capital facility agreement (as varied from time to time) (Agreement). |
| 1.2 | Terms that are not otherwise defined in this letter have their meaning given to them in the Agreement. |
| 1.3 | Pursuant to the Agreement, the “Termination Date” is calculated as the earlier of (i) the “Repayment Date” (being, 9 months after the date of Financial Close), and (ii) any date on which the Facility is terminated or cancelled by the Lender. |
| 1.4 | “Financial Close” is defined as the date on which the relevant Advance was made by you. |
| 1.5 | The parties have entered into variation letters in respect of thirteen Advances under the Agreement and the extension of the Termination Date under those Advances. |
| 1.6 | The parties now wish to extend all Advances such that the Termination Date for any Advance is 1 December 2023. |
| 2 | Extension of all Advances |
| 2.1 | Pursuant to the terms of this letter, the parties agree to extend the Termination Date for all Advances to 1 December 2023. |
| 2.2 | We request that you confirm in writing by countersigning this letter to the extension of the Termination Date for all Advances. |
| 3 | General |
| 3.1 | Notwithstanding any of the variations outlined in paragraph 2 above, nothing in this letter effects the application of all the other terms outlined in the Agreement. |
| 3.2 | This document may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument. |
Signing Page
Executed by the Parties by their duly authorised representatives
| Executed by TradeFloor Holdings Pty | ) | |
| Limited in accordance with section 127 of | ) | |
| the Corporations Act 2001 (Cth) by: | ) | |
| /s/ Xxxxxx Xxx | ||
| Signature of Sole Director | ||
| RUIHAO WEI | ||
| Print name of Director | ||
| 10th November 2022 | ||
| Date |
| Executed by Enhanced Investments Pty | ) | |
| Ltd in accordance with section 127 of | ) | |
| the Corporations Act 2001 (Cth) by: | ) | |
| /s/ Xxxxxx Xxx | /s/ Xxxxxx Xxx | |
| Signature of Director | Signature of Director/Secretary | |
| XXXXXX XXX | XXXXXX XXX | |
| Print name of Director | Print name of Director/Secretary | |
| 11th November 2022 | ||
| Date |
