VTTI MLP B.V. – EUR500,000,000 Facility Agreement dated 26 June 2014 (the “Facility Agreement”)
Exhibit 4.30
ACCORDION COMMITMENT NOTICE
| To: | COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. TRADING AS RABOBANK INTERNATIONAL for itself and as Agent of the other Finance Parties under and as defined in the Facility Agreement (as defined below) (the “Agent”) | |
| From: | VTTI MLP B.V. (the “Company”) | |
| Dated: | 18 March 2015 | |
VTTI MLP B.V. – EUR500,000,000 Facility Agreement
dated 26 June 2014 (the “Facility Agreement”)
| 1. | We refer to the Facility Agreement and in particular Clause 2.5 (Accordion Facility) thereof. Terms defined in the Facility Agreement have the same meaning when used in this Accordion Commitment Notice. |
| 2. | This is an Accordion Commitment Notice for the purposes of the Facility Agreement. |
| 3. | We refer to the Accordion Facility Proposal Notice dated 26 January 2015. We have agreed with the following institutions that they will commit Accordion Commitments as follows: |
| Name of Institution | Existing Lenders (yes/no) |
Accordion (€) |
||||
| The Bank of Tokyo-Mitsubishi UFJ, Ltd., Labuan Branch |
Yes | 10,000,000 | ||||
| BNP Paribas |
Yes | 10,000,000 | ||||
| Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A., trading as Rabobank International |
Yes | 10,000,000 | ||||
| The Hongkong and Shanghai Banking Corporation Limited |
Yes | 10,000,000 | ||||
| ING Bank N.V. |
Yes | 10,000,000 | ||||
| Oversea-Chinese Banking Corporation Limited, London Branch |
Yes | 10,000,000 | ||||
| Société Générale |
Yes | 10,000,000 | ||||
| Sumitomo Mitsui Banking Corporation, Singapore Branch |
Yes | 10,000,000 | ||||
| Total: | 80,000,000 | |||||
| 4. | The Accordion Commitments of each Accordion Lender referred to above shall be made available on identical terms to the Facility. |
| 5. | We confirm no Event of Default is continuing or would result from the utilisation of the Proposed Accordion Facility Amount. |
| 6. | We confirm that each of the requirements of Clause 2.5 (Accordion Facility) of the Facility Agreement have or will be met on the date specified in paragraph 7 below. |
| 7. | In accordance with Clause 2.5(i) (Accordion Facility) of the Facility Agreement, the date on which the Accordion Commitments referred to above are established is March 2015. |
| 8. | In accordance with Clause 37.1 (Required Consents), each of the Agent (with the consent of the Majority Lenders) and the Company agree that the term “Accordion Facility” shall, where used in any Finance Document, mean any accordion facility made available under Clause 2.5 (Accordion Facility) of the Facility Agreement. |
| 9. | This Agreement may be executed in any number of counterparts and this has the same effect as if the signatures on the counterparts were on a single copy of this Agreement. |
| 10. | The Agent and the Company hereby designate this Accordion Commitment Notice as a Finance Document for the purposes of the Facility Agreement. |
| 11. | This Agreement and any non-contractual obligations arising out of or in connection with it are governed by English law. |
This Agreement has been entered into on the date stated at the beginning of this Agreement.
THE COMPANY
| VTTI MLP B.V. |
| /s/ Xxxxx Xxxxxx |
| By: Xxxxx Xxxxxx |
| Address: | K.P. xxx xxx Xxxxxxxxxxx 000 | |
| 3062 MB Rotterdam | ||
| The Netherlands | ||
| Fax: | x00 00 0000000 | |
This is accepted and agreed by each Accordion Lender listed below as an Accordion Commitment Notice.
| THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., LABUAN BRANCH |
| /s/ Xxxxxxxx Xxxxxx |
| By: Xxxxxxxx Xxxxxx, General Manager |
| BNP PARIBAS |
| /s/ Shalen Shivpuri |
| By: Xxxxxx Xxxxxxxx, Managing Director Investment Banking Asia-Pacific |
| COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. TRADING AS RABOBANK INTERNATIONAL | ||
| /s/ X.X. xxx Xxxxx | /s/ S.W. Begheyn | |||||
| By: X.X. xxx Xxxxx, Executive Director Proxy AB, and X.X. Xxxxxxx, Director Proxy B | ||||||
| THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED |
| /s/ Chow Wan Thonh |
| By: Xxxx Xxx Xxxxx, Managing Director Deputy Head of Banking, South East Asia |
| ING BANK N.V. |
| /s/ XX Xxxxxxxx and C.E. Stroomenborgh |
| By: XX Xxxxxxxx, Director and C.E. Stroomenborgh, Director |
| OVERSEA-CHINESE BANKING CORPORATION LIMITED, LONDON BRANCH |
| /s/ Xxxxxxxx Xxxxxxx |
| By: Xxxxxxxx Xxxxxxx |
| SOCIÉTÉ GÉNÉRALE |
| /s/ Xxxxxx-Xxxxxxx Xxxxxxxxx |
| By: Xxxxxx-Xxxxxxx Xxxxxxxxx, Deputy Head of Corporate Commodity and Trade Finance |
| SUMITOMO MITSUI BANKING CORPORATION, SINGAPORE BRANCH |
| /s/ Kazushige Isobuchi |
| By: Xxxxxxxxx Xxxxxxxx, General Manager Global Trade Finance Department (Singapore) |
This is accepted and agreed by the Agent as an Accordion Commitment Notice.
| COÖPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. | ||
| TRADING AS RABOBANK INTERNATIONAL | ||
| /s/ X.X. xxx Xxxx | /s/ X. Xxxxxxx-Xxxxxxxxxxx | |||||
| By: X.X. xxx Xxxx, Senior Officer Syndicated Loans Agency, and X. Xxxxxxx-Xxxxxxxxxxx, Senior Officer Syndicated Loans Agency | ||||||
| Address: | Rabobank International | |
| Corporate Banking Services | ||
| Location code UCZ-0010, P.O. Box 17100, 3500 HG Utrecht | ||
| The Netherlands | ||
| Fax: | x00 00 000 00 00 | |
