Amendment Letter to Facility Agreement between Burdale Financial Limited and GeoLogistics Limited (March 26, 2004)
This letter agreement, dated March 26, 2004, is between Burdale Financial Limited and GeoLogistics Limited (along with other related companies). It amends specific clauses in a prior facility agreement dated March 31, 2000, by deleting certain provisions and renumbering another. The changes become effective once the letter is countersigned and a £10,000 fee is paid. All other terms of the original agreement remain unchanged. GeoLogistics Corporation also confirms its guarantee remains in effect for the amended obligations. The agreement is governed by English law.
Exhibit 4.29
B u r d a l e
Financial Limited
BY POST AND FACSIMILE
26th March 2004
GeoLogistics Limited
Royal Court
81 Tweedy Road
Bromley
Kent
BR1 1TW
| Facsimile no: |
| 0208 ###-###-#### |
| Attention: |
| George Papageorgehiou |
For itself and on behalf of each of the other Obligors
(as defined in the Facility Agreement (as defined below))
Dear Sirs
We refer to the facility agreement dated 31 March 2000 between you and ourselves (as supplemented and amended from time to time, the Facility Agreement).
Terms defined in the Facility Agreement have the same meaning when used in this letter and references to Clauses are to the Clauses of the Facility Agreement.
We write to confirm the agreement reached between us that, on and from the Effective Date (as defined below), the Facility Agreement shall be deemed amended as follows:
(a) Clause 4.3(d) shall be deleted; and
(b) Clause 15.1(x) shall be deleted;
(c) Clause 15.1(y) shall be renumbered Clause 15.1(x).
The Effective Date shall be the date on which we have received:
(A) a copy of this letter duly countersigned by you, the other Obligors and GLC; and
(B) a fee of £10,000 in consideration of our issuing this letter at your request.
Save as set out above, nothing in this letter shall be deemed to be an amendment to the terms of any Finance Document or a waiver or consent by Burdale to any breach or potential breach (present or future) of any provision of the Finance Documents or any waiver of a Default or Event of Default (howsoever described).
This letter is a Finance Document and shall be governed by English law.
| Yours faithfully, | |
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| /s/ [ILLEGIBLE] | |
| For and on behalf of | |
| BURDALE FINANCIAL LIMITED | |
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| Accepted and agreed: | |
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| The Company | |
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| GEOLOGISTICS LIMITED | |
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| By: | /s/ G. Papageorgehiou |
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| G. Papageorgehiou – Director |
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| The Obligors | |
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| GEOLOGISTICS LIMITED | |
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| By: | /s/ G. Papageorgehiou |
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| ACI INC. LIMITED | |
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| By: | /s/ G. Papageorgehiou |
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| LEP TRANSPORT LIMITED | |
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| By: | /s/ G. Papageorgehiou |
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| GEOLOGISTICS EXPO SERVICES LIMITED | |
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| By: | /s/ G. Papageorgehiou |
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We, GeoLogistics Corporation, confirm, acknowledge and agree (with such confirmation, acknowledgement and agreement taking effect as a deed) that the guarantee and indemnity given by us under the guarantee and indemnity dated 31 March 2000 given by us in favour of Burdale remains in full force and effect and extends to guarantee the obligations of GeoLogistics Limited to Burdale as amended by this letter.
| GEOLOGISTICS CORPORATION |
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| By: /s/ Steven R. Davison |
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| Name: Steven R. Davison |
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| Title: Executive Vice President |
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