Date 6 March 2012 Parties Sims Metal Management Limited ACN 114 838 630 of Sir Joseph Banks Corporate Park, Suite 3, Level 2 32-34 Lord Street Botany NSW 2019 (Sims) and each other Borrower under the Facility Agreement (defined below) Commonwealth...Agreement • October 12th, 2012 • Sims Metal Management LTD • Wholesale-misc durable goods • New South Wales
B At the request of Sims, the parties to the Facility Agreement have agreed to amend the Facility Agreement as set out in this Deed.
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. Renewal Notice To: Sims Metal Management...Confidential Treatment • October 12th, 2012 • Sims Metal Management LTD • Wholesale-misc durable goods
We refer to the amended and restated Multicurrency Revolving Floating Rate Cash Advance Facility – Facility Agreement dated 1 November 2000, as amended and restated from time to time and most recently on 23 June 2011, between each party listed in Schedule 1 of that agreement (as Borrowers) and Westpac Banking Corporation (the Lender) (Facility Agreement).
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.Confidential Treatment • October 12th, 2012 • Sims Metal Management LTD • Wholesale-misc durable goods
We refer to that certain Second Amended and Restated Credit Agreement, dated as of June 23, 2011 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, (the “Credit Agreement”), among Sims Group USA Holdings Corporation, a Delaware corporation, formerly known as Sims Hugo Neu Corporation (“Company”), the Designated Borrowers from time to time party thereto, and Bank of America, N.A. (the “Lender”), and reference is made thereto for full particulars of the matters described therein. All capitalized terms used in this Renewal Notice and not otherwise defined herein shall have the meanings assigned to them in the Credit Agreement.
To: Sims Metal Management Limited ACN 114 838 630 Level 12, Suite 1202 65 Berry Street North Sydney NSW 2060 Australia Attention: Peter Ricketts Date: 22 June 2012Multi Option Facility Agreement • October 12th, 2012 • 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).
