The agreement 1 Operative part 2Common Terms Deed • October 14th, 2011 • Sims Metal Management LTD • Wholesale-misc durable goods • New South Wales
To: Sims Metal Management Limited (Sims) Level 12, Suite 1202Common Terms Deed • October 14th, 2011 • Sims Metal Management LTD • Wholesale-misc durable goods
We refer to the Common Terms Deed dated on or about the date of this letter (Common Terms Deed) between Sims, each party listed in Part 1 of Schedule 1 of that deed as Original Borrowers, each party listed in Part 2 of Schedule 1 of that deed as Original Guarantors and the persons listed in Part 3 of Schedule 1 of that deed as Original Lenders, including Bank of America, N.A. (the Lender).
Amendment and Restatement DeedAmendment and Restatement Deed • October 14th, 2011 • Sims Metal Management LTD • Wholesale-misc durable goods • New South Wales
The Lender and Sims and its subsidiaries listed in Schedule 1 (together the Borrowers) agree to amend and restate the Facility Agreement in the manner set out in this deed.
Amendment and Restatement DeedAmendment and Restatement Deed • October 14th, 2011 • Sims Metal Management LTD • Wholesale-misc durable goods • New South Wales
The Lender and Sims and its subsidiaries listed in Schedule 1 (together the Borrowers) agree to amend and restate the Facility Agreement in the manner set out in this deed.
SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 23, 2011 among SIMS GROUP USA HOLDINGS CORPORATION, and CERTAIN AFFILIATES as Borrowers, BANK OF AMERICA, N.A. as Lender [*] Confidential Treatment RequestedCredit Agreement • October 14th, 2011 • Sims Metal Management LTD • Wholesale-misc durable goods • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of June 23, 2011, 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 HOLDINGS, INC., a
