Letter of Offer Sims Metal Management Limited (Sims) National Australia Bank Limited (Bank) [*] Confidential Treatment RequestedLetter of Offer • December 6th, 2010 • Sims Metal Management LTD • Wholesale-misc durable goods • New South Wales
This Letter of Offer, once accepted by Sims and the other Original Borrowers, supersedes all prior understandings and agreements (for the same Facility) between the Bank and the Original Borrowers, whether written or oral, except those specified in this Letter of Offer, the Standard Terms and the Security.
Amended and Restated Multi Option Facility Agreement The companies specified in parts 1 and 2 of Annexure A The Banks and Financial Institutions specified in Annexure BMulti Option Facility Agreement • December 6th, 2010 • Sims Metal Management LTD • Wholesale-misc durable goods • New South Wales
This Accession Deed is made on the [ ] day of [ ], [ ] under the Multi-Option Facility Agreement (the Facility Agreement) dated 3 December 2003 between (amongst others) Sims Group Australia Holdings Limited as borrower and HSBC Bank Australia Limited as financier, as amended from time to time.
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • December 6th, 2010 • Sims Metal Management LTD • Wholesale-misc durable goods • New York
This FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (the “Amendment”) is entered into as of June 25, 2010, among SIMS GROUP USA HOLDINGS CORPORATION, a Delaware corporation, formerly known as Sims Hugo Neu Corporation (the “Company”), SIMS GROUP GLOBAL TRADE CORPORATION, a Delaware corporation, successor by merger to Sims Hugo Neu Global Trade LLC (“Global Trade”), HNE RECYCLING LLC, a Delaware limited liability company (“HNE Recycling”), HNW RECYCLING LLC, a Delaware limited liability company (“HNW Recycling”), SIMSMETAL EAST LLC, a Delaware limited liability company, successor to Sims Hugo Neu East (General Partnership), a New York general partnership (“SHN East”), SIMSMETAL WEST LLC, a Delaware limited liability company, successor to Sims Hugo Neu West (General Partnership), a California general partnership (“SHN West”), SIMS GROUP USA CORPORATION, a Delaware corporation (“Sims USA”), METAL MANAGEMENT, INC., a Delaware corporation (“Metal Management”), MM METAL DYNAMICS HO
CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO CERTAIN PORTIONS OF THIS AGREEMENT. CONFIDENTIAL PORTIONS HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION. The Directors Sims Metal Management Limited...Multi-Currency Revolving Floating Rate Cash Advance Facility • December 6th, 2010 • Sims Metal Management LTD • Wholesale-misc durable goods
We refer to the Letter of Offer dated 13 March 2009 between Sims Metal Management Limited ABN 69 114 838 630 (Sims) and National Australia Bank Limited (Bank) (Agreement).
To: Sims Metal Management Limited ACN 114 838 630 Suite 1202 Level 12, 65 Berry Street North Sydney NSW 2080 Attention: Peter Ricketts Date: 13 December 2009 Dear SirsMulti Option Facility Agreement • December 6th, 2010 • Sims Metal Management LTD • Wholesale-misc durable goods • New South Wales
We refer to the document entitled “Multi Option Facility Agreement” dated 3 December 2003 between, amongst others, Sims Metal Management Limited ACN 114 838 630 (formerly Sims Group Limited) (Sims) and HSBC Bank Australia Limited ABN 48 006 434 162, as amended from time to time (Facility Agreement).
