Channell Bushman Group 27 August 2007
Exhibit 10.1
Corporate Letter of Offer Letter of Variation
Channell Bushman Group
27 August 2007
National Australia Bank Limited ABN 12 004 044 937
Sydney Major Client Group
Level 23, 255 George Street
Sydney NSW 2000
Ph: (02) 9237 1917
Fax: (02) 9237 9752
27th August 2007
The Directors
Channell Bushman Group
3 Healey Circuit
Huntingwood NSW 2148
Dear Sir/Madam
Re: Channell Bushman Group (the Customer)
Further to our recent discussions, we are pleased to advise the following amendments to your Corporate Letter of Offer dated 16th May 2007.
Extension
We are pleased to advise that we will extend the following facilities for a further period of 30 days:
Borrower |
| Facility Type |
| Amount |
| New Expiry Date |
| |
Bushmans Group Pty Limited |
| Bill Acceptance/Discount Facility |
| $ | 3,200,000 |
| 30th September 2007 |
|
Bushmans Group Pty Limited |
| Bank Guarantee Facility |
| $ | 50,000 |
| 30th September 2007 |
|
Channell Pty Limited |
| Bank Guarantee Facility |
| $ | 375,000 |
| 30th September 2007 |
|
Channell Pty Limited |
| Transaction Negotiation Authorities Facility |
| $ | 200,000 |
| 30th September 2007 |
|
Bushmans Group Pty Limited |
| Transaction Negotiation Authorities Facility |
| $ | 275,000 |
| 30th September 2007 |
|
Bushmans Group Pty Limited |
| Master Asset Finance Facility |
| $ | 1,000,000 |
| 30th September 2007 |
|
Channell Pty Limited |
| Master Asset Finance Facility |
| $ | 250,000 |
| 30th September 2007 |
|
Bushmans Group Pty Limited |
| Business Credit Card Facility |
| $ | 300,000 |
| 30th September 2007 |
|
Channell Pty Limited |
| Business Credit Card Facility |
| $ | 100,000 |
| 30th September 2007 |
|
Bushmans Group Pty Limited |
| Documentary Letter of Credit |
| $ | 50,000 |
| 30th September 2007 |
|
Lending Covenants
The following lending covenant will be removed from facilities provided to you under the Corporate Letter of Offer referrred to above.
The bank being refinanced by 30th September 2007
Fees and Charges now payable
The following non refundable fees and charges are now payable by you as a result of the above change, if not already paid:
Facility Extension from 30th August 2007 to 30th September 2007 |
| $ | 37,500 | * |
* Total facilities of $10M charged at 4.5% p.a pro rata
If any of these facilities are subject to financial reporting or other covenants or undertakings, we may review your compliance with those covenants or undertakings separately. This letter is not a waiver of any righs we may have if those covenants or undertakings are not met.
If full clearance does not occur by 30th September 2007, the following conditions are applicable should the Bank choose to renew the facilities for a further month:
1. Evidence of unconditional approval to be provided to the Bank
2. A weekly facility extension fee of $8,600^ payable weekly in advance from 30th September 2007.
^ Weekly extension fee for $10M facilities @ 4.50% pro rata
The above change(s) take affect once we have received the duplicate of this letter, duly signed by you. All other terms of the facilities remain in full force and effect.
Signed on behalf of
National Australia Bank Limited by
/s/ Graeme Johnson |
| 27/ 8/ 07 |
|
Graeme Johnson |
|
| |
Associate Director |
|
|
Your acceptance by resolution
Please communicate your receipt of this notice and confirmation that this notice accurately reflects the agreed changes set out above by delivering a certified copy of an extract of board minutes evidencing the board resolution authorising acceptance of this notice.
Your acceptance by signing
Please sign below to acknowledge your receipt of this notice and your consent to, and approval of, the above matters as set out in it.
By signing below you also acknowledge that each security given by you, except as set out above, remains in full force and effect, and that nothing in this letter mitigates, compromises or in any other way affects the enforceability of that security.
Please return the signed notice to Level 23, 255 George Street, Sydney NSW 2000.
The duplicate copy of this notice may be retained for your records.
Companies Executing without using a Common Seal
Executed By
Channell Bushman Pty Limited ABN 99 109 821 614
By being signed by:
/s/ George Apostolidis |
|
| /s/ Amar Kulkarni |
| ||||
Signature of Director |
| Signature of Secretary | ||||||
|
|
| ||||||
George Apostolidis |
|
| Amar Kulkarni |
| ||||
Name of Director |
| Name of Secretary | ||||||
|
|
| ||||||
28/8/07 |
|
| 28/AUG/07 |
| ||||
Date |
| Date | ||||||
Executed By
Bushmans Group Pty Limited ABN 90 090 744 022
By being signed by:
/s/ George Apostolidis |
|
| /s/ Amar Kulkarni |
| ||||
Signature of Director |
| Signature of Secretary | ||||||
|
|
| ||||||
George Apostolidis |
|
| Amar Kulkarni |
| ||||
Name of Director |
| Name of Secretary | ||||||
|
|
| ||||||
28/8/07 |
|
| 28/AUG/07 |
| ||||
Date |
| Date | ||||||
Executed By
Channell Pty Limited ABN 29 002 735 622
By being signed by:
/s/ George Apostolidis |
|
| /s/ Amar Kulkarni |
| ||||
Signature of Director |
| Signature of Secretary | ||||||
|
|
| ||||||
George Apostolidis |
|
| Amar Kulkarni |
| ||||
Name of Director |
| Name of Secretary | ||||||
|
|
| ||||||
28/8/07 |
|
| 28/AUG/07 |
| ||||
Date |
| Date | ||||||
Executed By
Bushmans Engineering Pty Limited ABN 49 074 185 461
By being signed by:
/s/ George Apostolidis |
|
| /s/ Amar Kulkarni |
| ||||
Signature of Director |
| Signature of Secretary | ||||||
|
|
| ||||||
George Apostolidis |
|
| Amar Kulkarni |
| ||||
Name of Director |
| Name of Secretary | ||||||
|
|
| ||||||
28/8/07 |
|
| 28/AUG/07 |
| ||||
Date |
| Date | ||||||
Executed By
Polyrib Tanks Pty Limited ABN 49 062 942 661
By being signed by:
/s/ George Apostolidis |
|
| /s/ Amar Kulkarni |
| ||||
Signature of Director |
| Signature of Secretary | ||||||
|
|
| ||||||
George Apostolidis |
|
| Amar Kulkarni |
| ||||
Name of Director |
| Name of Secretary | ||||||
|
|
| ||||||
28/8/07 |
|
| 28/AUG/07 |
| ||||
Date |
| Date | ||||||
Executed By
Australian Bushman Tanks Pty Limited ABN 21 058 504 108
By being signed by:
/s/ George Apostolidis |
|
| /s/ Amar Kulkarni |
| ||||
Signature of Director |
| Signature of Secretary | ||||||
|
|
| ||||||
George Apostolidis |
|
| Amar Kulkarni |
| ||||
Name of Director |
| Name of Secretary | ||||||
|
|
| ||||||
28/8/07 |
|
| 28/AUG/07 |
| ||||
Date |
| Date | ||||||