Exhibit 10.1
Annex no. 4 to MULTIPURPOSE NON-REVOLVING CREDIT LINE AGREEMENT
no. 015023-510-0l
of October 12, 2006
entered into force onSeptember 13, 2007 by and between:
Fortis Bank S.A./NV, Austrian Branch with its registered office at Technologiestrasse 8, 1120 Wien, Austria entered into Commerce Register maintained by the Republic of Austria, under No.FN 263765 („Bank”), represented by:
1) Andrea Vaz-König - Business Center Manager
2) Alfred Wunderl-Auner - Chief Accountant
and
Carey Agri International Poland Spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in 00-690 Warszawa, ul. Bokserska 66A, entered into the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register under KRS no. 51098 („the Borrower”), represented by:
1) William V. Carey -
2) -
in connection with the extension of the financing term, the Parties hereto amend the Multipurpose non-revolving credit line agreement no. 015023-510-0l dated October 12, 2006 and changed lately by Amendment no. 3 dated June 11, 2007 („Agreement”) in the following way:
I. | Bank and the Borrower hereby declare that the outstanding amount based on the Agreement is PLN 300,000,000.00 (say: three hundred million zlotys). |
II. | The current clause 3 of the Agreement will have the following wording: |
3. | Financing term: untilOctober 12, 2007. |
III. | The current clause 4 of the Agreement will have the following wording: |
4. | Current credit term: untilOctober 12, 2007. |
IV. | Other stipulations of the Agreement will remain unchanged. |
The Borrower hereby gives its consent to furnish any information related to the Loan and the Borrower, obtained by the Bank during negotiations and pertaining to conclusion and performance of this Agreement, to the Bank’s principal shareholder, i.e. Fortis Bank S.A./NV with its registered office in Brussels, Fortis Lease Polska Sp. z o. o. with its registered office in Warsaw and Fortis Investments Polska S.A. with its registered office in Warsaw and Dominet Bank S.A. with its seat in Lubin, likewise to other entities of Fortis Bank Group*. The Bank is allowed to provide such information both in the course of this Agreement and after its expiry.
The Bank hereby informs the Borrower that the Bank may forward any information related to the loan to the Interbank Economic Information System – Banking Register (MIG-BR) administered by the Polish Banks Association, likewise that the Bank may disclose any data gathered in the MIG-BR system to economic information bureaus that operate under the Act of February 14, 2003 on disclosing economic information (Journal of Laws No. 50, item 424 as amended) based on the requests of such bureaus and to the extent specified therein.
*) | Information on Fortis Group entities is available at: www.fortisbank.com.pl |
/s/ Andrea Vaz-König |
/s/ Alfred Wunderl-Auner |
Stamp and signatures for the Bank |
/s/ William V. Carey |
Company stamp and signatures of representatives authorised to assume financial obligations on behalf of the Borrower. |
The signature of the Borrower has been affixed in my presence.
Izabela Bugumil | /s/ Izabela Bugumil | |||
name and surname of the Bank’s employee | signature of the Bank’s employee |