This excerpt taken from the CEDC 8-K filed Apr 19, 2007.
(changing the FACILITY NATURE into a NON-REVOLVING LOAN AGREEMENT) no. 015023-510-01
entered into on April 16, 2007 by and between:
Fortis Bank SA/NV, Austrian Branch with its register office at Technologiestraße 8, 1120 Wien, Austria entered into Commerce Register maintained by the Republic of Austria, under No. FN 263765, hereinafter referred to as the Bank, represented by:
1) Andrea Vaz-König, Business Center Manager
2) Alfred Wunderl-Auner, Head of Accounting and Controlling
Carey Agri International Poland Spółka z ograniczona odpowiedzialnoscia (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, XX Commercial Division of the National Court Register under KRS no. 51098, (hereinafter referred to as the Borrower), represented by:
1) William V. Carey
2) ......................................... - ........................................................................
in connection with the change of the facility nature from the multipurpose credit line into a non-revolving credit as well as an extension of the financing term and change of margin, the Parties hereto amend the Multipurpose Credit Line Agreement dated October 12, 2006 and changed by Amendment No. 1 dated January 16, 2007 (Agreement), and establish the following uniform contents:
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 Banks 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 Securities Polska S.A. with its registered office in Warsaw, 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.
The signature of the Borrower has been affixed in my presence.