EX-10.12G
from S-4/A
5 pages
Deed of Variation to Working Capital Facility Agreement Deed of Variation to Working Capital Facility Agreement Date: 10th November 2022 Parties Tradefloor Holdings Pty Ltd Acn 603 342 329 (“Borrower”); Enhanced Investments Pty Ltd Acn 639 583 930 (“Lender”). Recitals A. the Lender and the Borrower Entered Into a Working Capital Facility Agreement Dated 15 May 2020 (Agreement) as Varied on 14 January 2021, 1 February 2022, 22 March 2022 and 7 July 2022. B. the Parties Hereby Agree to Amend the Agreement by This Deed. Operative Provisions 1. Interpretation 1.1. Interpretation in This Deed, Headings Are for Convenience of Reference Only and Do Not Affect Interpretation. 2. Variation of Agreement 2.1. Variations With Effect on and From the Date of This Deed, the Agreement Is Varied on the Terms Set Out in Schedule 1 to This Deed. 2.2. Confirmation of Agreement All Provisions of the Agreement Other Than Those Varied by Clause 2.1 Remain Unchanged and Continue in Full Force. 2.3. Inconsistency if There Is Any Inconsistency Between the Provisions of This Deed and the Provisions of the Agreement, Then the Provisions of This Deed Prevail. 2.4. No Adverse Construction This Deed Is Not to Be Construed to the Disadvantage of a Party Because That Party Was Responsible for Its Preparation. 2.5. Successors and Assigns This Deed Binds and Benefits the Parties and Their Respective Successors and Permitted Assigns. 2.6. Entire Agreement This Deed Constitutes the Entire Agreement and Understanding Between the Parties to This Deed and Supersedes All Prior and Contemporaneous Negotiations and Understandings Between the Parties Whether Oral or Written, Expressed or Implied. 2.7. No Assignment a Party Cannot Assign or Otherwise Transfer the Benefit of This Deed Without the Prior Written Consent of Each Other Party. 2.8. No Variation This Deed Cannot Be Amended or Varied Except in Writing Signed by the Parties
12/34/56