Form of James Hardie — Bullet Facility AgreementFacility Agreement • July 8th, 2008 • Hardie James Industries Nv • Concrete products, except block & brick • New South Wales
Mallesons Stephen Jaques Level 61 Governor Phillip Tower 1 Farrer Place Sydney NSW 2000 Australia T +61 2 9296 2000 F +61 2 9296 3999 DX 113 Sydney www.mallesons.com
James Hardie — Form of 364-day Facility Agreement Schedule 3 — Extension Request (clause 5.2)Hardie James Industries Nv • July 8th, 2008 • Concrete products, except block & brick
In accordance with clause 5.2 (“Extension of Maturity Date”) of the Facility Agreement, the Obligors’ Agent requests as follows;
Amendment of the Amended and Restated Final Funding Agreement dated 21 November 2006 (“FFA”)Hardie James Industries Nv • July 8th, 2008 • Concrete products, except block & brick
In accordance with clause 29 (Amendment of this Deed) of the FFA, the parties to the FFA hereby amend clause 20 of the FFA as set out by way of mark-up in Annexure A to this agreement.
James Hardie — Form of 364-day Facility Agreement Extension Request (clause 5.2)Hardie James Industries Nv • July 8th, 2008 • Concrete products, except block & brick
In accordance with clause 5.2 (“Extension of Maturity Date”) of the Facility Agreement, the Obligors’ Agent requests as follows:
Indemnity AgreementIndemnity Agreement • July 8th, 2008 • Hardie James Industries Nv • Concrete products, except block & brick • Nevada
This Indemnity Agreement (the “Agreement”) is made and entered into this day of , 200_, by and between James Hardie Building Products, Inc., a Nevada corporation (“Indemnitor”), and (the “Indemnitee”) (individually, each a “Party” and collectively the “Parties”).
James Hardie — Form of 364-day Facility Agreement Schedule 3 — Extension Request (clause 5.2)Hardie James Industries Nv • July 8th, 2008 • Concrete products, except block & brick
In accordance with clause 5.2 (“Extension of Maturity Date”) of the Facility Agreement, the Obligors’ Agent requests as follows;
Amendment of the Amended and Restated Final Funding Agreement dated 21 November 2006, as amended (“FFA”)Final Funding Agreement • July 8th, 2008 • Hardie James Industries Nv • Concrete products, except block & brick
In accordance with clause 29 (Amendment of this Deed) of the FFA, the parties to the FFA hereby amend clause 9.10 of the FFA, with effect from the date of last execution, by inserting “and after excluding the relevant corresponding non-current asset being the amount receivable from the Performing Subsidiary under this deed” after the words “in each case after excluding all Asbestos Liabilities (other than current Proven Claims)” and before the words “and the calculation of the net assets pursuant to clause 9.10(b) shall be confirmed by the Approved Auditor.” in clause 9.10.
