EXHIBIT 10.31 [BLAKE DAWSON WALDRON LAWYERS LETTERHEAD] GUARANTOR ACCESSION DEED BURNS PHILP CAPITAL PTY LTD ABN 42 100 768 803 [LETTERHEAD] GUARANTOR ACCESSION DEED DATE 14 June 2002 PARTIES Burns Philp Capital Pty Ltd ABN 42 100 768 803 (the "NEW GUARANTOR") RECITALS A. Under a guarantee and indemnity entitled "Deed of Guarantee and Indemnity" dated 28 July 1998 from the companies described in item 1 of the schedule to that guarantee and indemnity in favour of J.P. Morgan Australia Limited (formerly Chase Securities Australia Limited) and the Debenture Stockholders (the "GUARANTEE AND INDEMNITY") a person may become a Guarantor by execution of a deed in the form of this document. B. The New Guarantor wants to become a Guarantor under the Guarantee and Indemnity. OPERATIVE PROVISIONS 1. INTERPRETATION (a) Terms and expressions defined in the Guarantee and Indemnity have the same meaning as in this document. (b) The following words have these meanings in this document, unless the contrary intention appears: "EXISTING GUARANTOR" means each Guarantor which is a signatory (or has otherwise become a party) to the Guarantee and Indemnity and has not been released from that document. 2. RIGHTS AND OBLIGATIONS OF GUARANTOR For valuable consideration including, among other things, the payment by the Trustee to the New Guarantor of $10.00 (receipt of which is acknowledged), the New Guarantor jointly and severally with each Existing Guarantor irrevocably and unconditionally agrees to be bound by the terms and conditions of the Guarantee and Indemnity. 3. STATUS OF GUARANTOR The New Guarantor irrevocably acknowledges and confirms that it becomes a "GUARANTOR" as defined in, and for all purposes under, the Guarantee and Indemnity as if named in and as a party to the Guarantee and Indemnity from the date of this document, and accordingly is bound by the Guarantee and Indemnity as a Guarantor on and from that date. 4. GOVERNING LAW This document is governed by the laws of the Australian Capital Territory. 5. BENEFIT OF DEED POLL This document is given in favour of and for the benefit of the Trustee and Debenture Stockholders, each Existing Guarantor, and persons claiming through the Trustee, Debenture Stockholder or an Existing Guarantor and their respective successors and permitted assigns. EXECUTED as a deed poll. SIGNED, SEALED and DELIVERED for BURNS PHILP CAPITAL PTY LTD under power of attorney in the presence of: /s/ Philip West ----------------------------------- Signature of attorney /s/ Scott Neilson Philip West - ----------------------------------- ----------------------------------- Signature of witness Name Scott Neilson 13 June 2002 - ----------------------------------- ----------------------------------- Name Date of power of attorney - -------------------------------------------------------------------------------- 141347132 2.