Exhibit 4(y)
Hong Kong Domestic Connectivity Agreement
Amendment Agreement
Details
-------------------------------------------------------------------------------
Parties
-------------------------------------------------------------------------------
Reach Networks Name Reach Networks Hong Kong Limited (formerly
Cable and Wireless HKT International Limited)
Address 20th Xxxxx, Xxxxxxx Xxxxx, 0 Xxxxxxxxxx Xxxx,
Xxxxxxx, Xxxx Xxxx
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HKTC Name PCCW-HKT Telephone Limited (formerly Cable and
Wireless HKT Telephone Limited)
Address 00xx Xxxxx, XXXX Xxxxx, XxxXxx Xxxxx,
000 Xxxxx Xxxx, Xxxxxx Xxx, Xxxx Xxxx
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Recitals A Reach Networks and HKTC are the parties to the DCA.
B The Financiers have agreed to enter into the
Amendment and Restatement Agreement if and on
condition that the Parties first enter into
this agreement and the HKISA Amendment
Agreement.
C Each Party has agreed to enter into this
agreement at the request of the other Party and
in consideration of the other Party agreeing to
enter into the HKISA Amendment Agreement and
this agreement.
-------------------------------------------------------------------------------
Governing law England and Wales
-------------------------------------------------------------------------------
Date of agreement See Signing page
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(C) Mallesons Xxxxxxx Xxxxxx | Hong Kong Domestic Connectivity Agreement Amendment Agreement 1
| 14 May 2003
Hong Kong Domestic Connectivity Agreement
Amendment Agreement
General terms
-------------------------------------------------------------------------------
1 Interpretation
1.1
In this agreement except if the context requires otherwise:
(a) words and expressions have the meanings set out in Schedule 1;
(b) the singular includes the plural and vice versa;
(c) a reference to an agreement, document or another instrument includes
any variation, amendment, variation or replacement of any of them;
and
(d) a reference to this agreement includes the Schedule.
1.2
Headings and bold type are included for convenience and do not affect the
interpretation of this agreement.
-------------------------------------------------------------------------------
2 Condition precedent
2.1
Clause 3 of this agreement does not take effect until and subject to
clause 2.2 will become operative on and from the Date of Amendment.
2.2
If clause 3 of this agreement does not become operative before 31 May 2003
then that clause will not become operative and will have no force or
effect.
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3 DCA Amendment
The DCA is hereby amended as follows:
(a) In clause 2.1(a) the reference to "(initial term")" is deleted.
(b) Clause 2.3 is deleted and replaced by the following new clause:
"2.3 If the Term expires before the end of 10 years from the
Effective Date, the Parties will promptly enter into good faith
negotiations with a view to entering into a further agreement
for the period until the end of 10 years from the Effective Date
for the supply of the Services or services of the nature of the
Services by HKTC to HKTI."
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(C) Mallesons Xxxxxxx Xxxxxx | Hong Kong Domestic Connectivity Agreement Amendment Agreement 2
| 14 May 2003
(c) In clause 4.1:
(i) after the word "must", the words "in each year" are inserted;
(ii) the reference to "the following percentage" is replaced by a
reference to "90%";
(iii) after the reference to "collectively the "Committed Services")"
the following is inserted:
"provided that if payment in full of the Total Amount Owing
occurs before the Term expires then in relation to the
period between the date of payment in full of the Total
Amount Owing and the date of expiration of the Term
("remaining initial term") the following provisions will
apply:
(i) for any part of the remaining initial term that is before 1
February 2004, the percentage specified in this clause will
be reduced from 90% to 80%;
(ii) for any part of the remaining initial term that is after 31
January 2004 and before 1 February 2005, the percentage
specified in this clause will be reduced from 90% to 70%;
and
(iii) for any part of the remaining initial term that is after
31 January 2005, the percentage specified in this clause
will be reduced from 90% to 60%";
(iv) the whole of the table (setting out years and percentages) is
deleted (but not the notes appearing after the table); and
(v) in Note (v), the words "during the fourth and fifth years of the
Term" are deleted and replaced by the words "during the fourth or
a subsequent year".
(d) In clause 4.9 the words "referred to in clause 4.1" are deleted.
(e) In clause 14.8:
(i) in paragraph (f), the word "or" where last appearing, is
deleted; and
(ii) after paragraph (f), the following additional paragraph is
inserted:
"(ff) the HKISA is terminated; or"
(f) In paragraph 1 of Attachment 6, Definitions:
(i) after the definition of "Aggregate Amount", the following new
definition is inserted:
""Amended and Restated Facility Agreement" has the meaning given
in the Amendment and Restatement
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(C) Mallesons Xxxxxxx Xxxxxx | Hong Kong Domestic Connectivity Agreement Amendment Agreement 3
| 14 May 2003
Agreement dated 15 April 2003 made between Reach Finance
Limited, Reach, HKTI, Reach Networks Australia Pty Limited,
Reach Global Networks Limited, Reach Global Services Limited and
XX Xxxxxx Chase Bank;"
(ii) after the definition of "HKIAC Mediation Rules", the following
new definition is inserted:
""HKISA" in the International Services Agreement (Hong Kong)
dated 13 October 2000 made between the Parties;"
and
(iii) the definition of "Term" is deleted and replaced by the
following definition:
""Term" means the period from the Effective Date until the later
of:
(a) payment in full of the Total Amount Owing; or
(b) the end of 5 years from the Effective Date."
(g) In Attachment 6, Definitions, in clause 2.1,:
(i) in paragraph (j), the word "and" is deleted; and
(ii) after paragraph (k), the following new paragraphs are inserted:
"(l) a reference to a year is a reference to:
(i) the year beginning on 1 February 2001; or
(ii) a year beginning during the Term or on an anniversary
of 1 February 2001, excluding any period after the
Term expires;
and
(m) words and expressions given particular meanings in the
Amended and Restated Facility Agreement and not otherwise
defined in this Agreement have the meanings given in the
Amended and Restated Facility Agreement."
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4 Continuation of DCA
The DCA continues in full force and effect.
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5 Costs
The Parties agree to pay their own legal and other costs and expenses in
connection with the preparation, execution and completion of this
agreement.
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(C) Mallesons Xxxxxxx Xxxxxx | Hong Kong Domestic Connectivity Agreement Amendment Agreement 4
| 14 May 2003
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6 Governing Law
This agreement is governed by the law in force in the place specified in
the Details. Each Party submits to the non-exclusive jurisdiction of the
courts of that place.
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7 Counterparts
This agreement may consist of a number of counterparts each executed by
one or more Parties to the agreement. When taken together, the executed
counterparts are treated as making up the one document.
EXECUTED as an agreement
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(C) Mallesons Xxxxxxx Xxxxxx | Hong Kong Domestic Connectivity Agreement Amendment Agreement 5
| 14 May 2003
Hong Kong Domestic Connectivity Agreement
Amendment Agreement
Schedule 1 - Definitions
"Amended and Restated Facility Agreement" has the meaning given in the
Amendment and Restatement Agreement.
"Amendment and Restatement Agreement" is the Amendment and Restatement
Agreement dated 15 April 2003 made between Reach Finance Limited, Reach, Reach
Networks, Reach Networks Australia Pty Limited, Reach Global Networks Limited,
Reach Global and XX Xxxxxx Xxxxx Bank.
"Date of Amendment" has the meaning given in the Amendment and Restatement
Agreement.
"DCA" is the Hong Kong Domestic Connectivity Agreement dated 13 October 2000
made between Reach Networks Hong Kong Limited and HKTC.
"Financiers" has the meaning given in the Amended and Restated Facility
Agreement.
"HKISA Amendment Agreement" is the International Services Agreement (Hong Kong)
Amendment Agreement dated 15 April 2003 made between Reach Networks and HKTC.
"Reach" is Reach Ltd (formerly Joint Venture (Bermuda) No. 1 Limited).
"Telstra" is Telstra Corporation Limited.
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(C) Mallesons Xxxxxxx Xxxxxx | Hong Kong Domestic Connectivity Agreement Amendment Agreement 6
| 14 May 2003
Hong Kong Domestic Connectivity Agreement
Amendment Agreement
Signing page
DATED: 15 April 2003
SIGNED by )
) ....................................
and ) By executing this agreement the
) signatory warrants that the
each as an authorised representative for ) signatory is duly authorised to
REACH NETWORKS HONG KONG LIMITED in the ) execute this agreement on behalf of
presence of: ) REACH NETWORKS HONG KONG LIMITED
)
) ....................................
.......................................... ) By executing this agreement the
Signature of witness ) signatory warrants that the
) signatory is duly authorised to
.......................................... ) execute this agreement on behalf
Name of witness (block letters) ) of REACH NETWORKS HONG KONG LIMITED
SIGNED by )
)
as an authorised representative for )
PCCW-HKT TELEPHONE LIMITED in the )
presence of: )
)
)
.......................................... ) ....................................
Signature of witness ) By executing this agreement the
) signatory warrants that the
.......................................... ) signatory is duly authorised to
Name of witness (block letters) ) execute this agreement on behalf
) of PCCW-HKT TELEPHONE LIMITED
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(C) Mallesons Xxxxxxx Xxxxxx | Hong Kong Domestic Connectivity Agreement Amendment Agreement 7
| 14 May 2003
MALLESONS XXXXXXX XXXXXX
Hong Kong Domestic
Connectivity
Agreement
Amendment
Agreement
Dated 15 April 2003
Reach Networks Hong Kong Limited
PCCW-HKT Telephone Limited
Mallesons Xxxxxxx Xxxxxx
Level 28
Rialto
000 Xxxxxxx Xxxxxx
Xxxxxxxxx Xxx 0000
T x00 0 0000 0000
F x00 0 0000 0000
DX 000 Xxxxxxxxx
Xxxx Xxxx Domestic Connectivity Agreement
Amendment Agreement
Contents
-------------------------------------------------------------------------------
1 Interpretation 2
-------------------------------------------------------------------------------
2 Condition precedent 2
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3 DCA Amendment 2
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4 Continuation of DCA 4
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5 Costs 4
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6 Governing Law 5
-------------------------------------------------------------------------------
7 Counterparts 5
Schedule 1 - Definitions 6
International Services Agreement (Hong Kong)
Amendment Agreement No. 2
Details
-------------------------------------------------------------------------------
Parties
-------------------------------------------------------------------------------
Reach Networks Name Reach Networks Hong Kong Limited (formerly
Cable & Wireless HKT International Limited)
Address 18th Xxxxx, Xxxxxxx Xxxxx, 0 Xxxxxxxxxx Xxxx,
Xxxxxxx, Xxxx Xxxx
-------------------------------------------------------------------------------
HKTC Name PCCW-HKT Telephone Limited (formerly Cable &
Wireless HKT Telephone Limited)
Address 00xx Xxxxx, XXXX Xxxxx, XxxXxx Xxxxx,
000 Xxxxx Xxxx, Xxxxxx Xxx, Xxxx Xxxx
-------------------------------------------------------------------------------
Recitals A Reach Networks and HKTC are the parties to the HKISA.
B The Financiers have agreed to enter into the
Amendment and Restatement Agreement if and on
condition that the Parties first enter into
this agreement.
C Each Party has agreed to enter into this
agreement at the request of the other Party and
in consideration of the other Party agreeing to
enter into this agreement.
-------------------------------------------------------------------------------
Governing law England and Wales
-------------------------------------------------------------------------------
Date of agreement See Signing page
-----------------------------------------------------------------------------------------------------------------------
(C) Mallesons Xxxxxxx Xxxxxx | International Services Agreement (Hong Kong) Amendment Agreement No. 2 1
| 14 May 2003
International Services Agreement (Hong Kong)
Amendment Agreement No. 2
General terms
-------------------------------------------------------------------------------
1 Interpretation
1.1
In this agreement except if the context requires otherwise:
(a) words and expressions have the meanings set out in Schedule 1;
(b) the singular includes the plural and vice versa;
(c) a reference to an agreement, document or another instrument includes
any variation, amendment, novation or replacement of any of them; and
(d) a reference to this agreement includes the Schedule.
1.2
Headings and bold type are included for convenience and do not affect the
interpretation of this agreement.
-------------------------------------------------------------------------------
2 Condition precedent
2.1
Clause 3 of this agreement does not to take effect until and subject to
clause 2.2 will become operative on and from the Date of Amendment.
2.2
If clause 3 of this agreement does not become operative before 31 May 2003
then that clause will not become operative and will have no force or
effect.
-------------------------------------------------------------------------------
3 HKISA Amendment
The HKISA is hereby amended as follows:
(a) In clause 2.1(a)(i) of the HKISA, the reference to "2.1(c)" is
replaced by a reference to "2.1(b)".
(b) Clauses 2.1(b) and 2.1(c) of the HKISA are deleted and replaced by
the following new clause:
"2.1(b) If the initial term expires before the end of 10 years from
Commencement, the Parties will promptly:
(i) negotiate in good faith with regard to possible volume
commitments of the kind set out in clause 3.2 to apply to
the provision of the Services or services of the
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(C) Mallesons Xxxxxxx Xxxxxx | International Services Agreement (Hong Kong) Amendment Agreement No. 2 2
| 14 May 2003
nature of the Services after the expiration of the initial
term; and
(ii) enter into good faith negotiations and use all reasonable
endeavours to negotiate a new agreement for a further
period until the end of 10 years from Commencement, which
the Parties acknowledge will provide for the supply by
Wholesale Co to HKTC of the Services or services of the
nature of the Services on terms substantially no less
favourable to HKTC than those set out in this agreement,
and from the expiry of the initial term this agreement with the
exception of clauses 3.2 to 3.4B, 3.13 to 3.17 and 5.3 to 5.6
(inclusive) shall continue as amended (for no longer than until
the end of 10 years from Commencement) until such time as the
new agreement is agreed between the Parties."
(c) In clause 3.2 of the HKISA:
(i) the reference to "the periods described below" is replaced by a
reference to "each Commitment Year";
(ii) the reference to "the following percentage" is replaced by a
reference to "90%";
(iii) after the reference to "collectively "the Committed Services")"
the following is inserted:
"provided that if payment in full of the Total Amount Owing
occurs before the initial term expires then in relation to the
period between the date of payment in full of the Total Amount
Owing and the date of expiration of the initial term ("remaining
initial term") the following provisions will apply:
(i) for any part of the remaining initial term that is before 1
February 2004, the percentage specified in this clause will
be reduced from 90% to 80%;
(ii) for any part of the remaining initial term that is after 31
January 2004 and before 1 February 2005, the percentage
specified in this clause will be reduced from 90% to 70%;
and
(iii) for any part of the remaining initial term that is after
31 January 2005, the percentage specified in this clause
will be reduced from 90% to 60%";
(iv) the whole of the table (setting out years and minimum
percentages) is deleted (but not the notes appearing after the
table);
(v) in Note (vi), each reference to "year" is replaced by a
reference to "Commitment Year"; and
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(C) Mallesons Xxxxxxx Xxxxxx | International Services Agreement (Hong Kong) Amendment Agreement Xx. 0 0
x 00 Xxx 0000
(xx) in Note (vii), the words "during the fourth and fifth years of
the initial term (as defined in paragraph 2.1(a)(i))" are
deleted and replaced by the words "during the fourth or a
subsequent Commitment Year".
(d) In clause 3.3A of the HKISA:
(i) the reference to "each year of the initial term" is replaced by
a reference to "each Commitment Year"
(ii) the reference to "being the following percentages" is replaced
by a reference to "90%";
(iii) in paragraph (b), the reference to "particular year" is
replaced by a reference to "Commitment Year";
(iv) the whole of the table (setting out years and percentages) is
deleted (but not the note at the end of clause);
(v) after paragraph (b) (and before the note) the following is
inserted:
"provided that if payment in full of the Total Amount Owing
occurs before the initial term expires then in relation to the
period between the date of payment in full of the Total Amount
Owing and the date of expiration of the initial term ("remaining
initial term") the following provisions will apply:
(i) for any part of the remaining initial term that is before
1 February 2004, the percentage specified in this clause
will be reduced from 90% to 80%;
(ii) for any part of the remaining initial term that is after
31 January 2004 and before 1 February 2005, the percentage
specified in this clause will be reduced from 90% to 70%;
and
(iii) for any part of the remaining initial term that is after
31 January 2005, the percentage specified in this clause
will be reduced from 90% to 60%.";
and
(vi) in the note at the end of the clause the word "these" is
deleted.
(e) In clause 3.13 of the HKISA, the reference to "the period in which
clause 3.2 applies" is replaced by a reference to "the initial term".
(f) The following new clause is inserted immediately after clause 5.3:
"5.3A If, during a Commitment Year, a notice or notices have not been
given by HKTC under clause 5.3 requiring a benchmarking of the
Charges for all the Committed Services, then clause 5.4 shall
apply to require a benchmarking of the
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(C) Mallesons Xxxxxxx Xxxxxx | International Services Agreement (Hong Kong) Amendment Agreement No. 2 4
| 14 May 2003
Charges for all the Committed Services (or elements of those
Services) which have not been required to be benchmarked during
that Commitment Year ("Residual Benchmarking"). The Residual
Benchmarking shall, for the purposes of this agreement, be deemed
to have been notified by HKTC to Wholesale Co under paragraph
5.3(a)(ii) upon the expiration of the relevant Commitment Year
and HKTC may specify by notice to Wholesale Co whether the
benchmark charge is to be determined in $US or $Hong Kong in
respect of a particular Service or Services, provided that HKTC
may only elect for the benchmarking to be conducted in $Hong Kong
where it has not appropriately hedged its foreign exchange risk
in respect of the charges for that Service. To the extent that a
benchmarking is required under the AISA at the same time as the
Residual Benchmarking, the Parties and the parties to the AISA
will attempt to co-ordinate the conduct of both benchmarking
processes where practicable.
(g) Paragraph 5.3(b) of the HKISA is amended by adding the words "and may
not be given less than 90 days after a Residual Benchmarking is
deemed to have been notified under paragraph 5.3(a) with regard to
that Service".
(h) Paragraph 5.4(a) of the HKISA is amended by inserting the following
sentence after the words "referred to in clause 5.3":
"In seeking to reach agreement on such an expert the Parties will
consult with the parties to the AISA with a view to ensuring, where
reasonably practicable, that the same independent expert will conduct
any benchmarking notified or required under the AISA during that
Commitment Year".
(i) Paragraph 5.4(c) of the HKISA is amended by adding "or clause 5.3A"
after the words "under clause 5.3".
(j) Paragraph 5.4(g)(ii) of the HKISA is amended by adding the words
"given or deemed to be given" after "in the case of a notice".
(k) Paragraph 5.5(b) of the HKISA is amended by adding the words "or
deemed to be given" after "In the case of a notice given".
(l) In clause 12.3 of the HKISA:
(i) the word "term" (appearing immediately after the words "this
agreement") is deleted; and
(ii) after paragraph (g), the following additional paragraphs are
inserted:
"(h) without the prior written consent of HKTC,
(i) the AISA is terminated by either party thereto;
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(C) Mallesons Xxxxxxx Xxxxxx | International Services Agreement (Hong Kong) Amendment Agreement Xx. 0 0
x 00 Xxx 0000
(xx) the date of expiry of the initial term of the AISA as
specified therein is altered; or
(iii) the minimum percentage of Committed Services (within
the meaning of the AISA) specified in the AISA is
altered;
(i) under a Floating Charge:
(i) a Receiver is appointed;
(ii) any floating Charge is converted to a fixed Charge; or
(iii) the Security Trustee takes possession or disposes of
all or any part of the Charged Assets or otherwise
takes any action to enforce all or any part of the
Charges;
(j) the making of a declaration by the Facility Agent on the
instructions of a Majority of Financiers in accordance with
clause 13.2 of the Amended and Restated Facility Agreement;
or
(k) an event occurs or circumstance arises which under a
Subordination Deed is a "Subordination Event"."
(m) In paragraph D1.1 of Annex D of the HKISA after paragraph (q) the
following new paragraphs are inserted:
"(qq) words and expressions given particular meanings in the Amended
and Restated Facility Agreement and not otherwise defined in
this agreement have the meanings given in the Amended and
Restated Facility Agreement; and
(qqq) in relation to a Floating Charge, the words and expressions
"Charged Assets", "Charge", "Receiver" and "Security Trustee"
have, respectively, the meanings given in the Floating Charge;
and"
(n) In paragraph D1.3 of Annex D of the HKISA:
(i) after the definition of "Aggregate Amount", the following new
definitions are inserted:
"AISA" is the agreement between Reach Global Services Limited
and Telstra Corporation Limited constituted by the International
Services Agreement (Australia) dated 13 October 2000 made
between Reach Ltd and Telstra Corporation Limited as novated
between Reach Global Services Limited and Telstra Corporation
Limited by the Novation Agreement (International Services
Agreement (Australia)) dated 26 April 2002 made between Reach
Ltd, Reach Global Services Limited and Telstra Corporation
Limited.
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(C) Mallesons Xxxxxxx Xxxxxx | International Services Agreement (Hong Kong) Amendment Agreement No. 2 6
| 14 May 2003
"Amended and Restated Facility Agreement" has the meaning given
in the Amendment and Restatement Agreement dated 15 April 2003
made between Reach Finance Limited, Reach Ltd, Reach Networks,
Reach Networks Australia Pty Limited, Reach Global Networks
Limited, Reach Global Services Limited and XX Xxxxxx Chase Bank;
(ii) after the definition of "Commencement and Services" the
following new definition is inserted:
"Commitment Year" means:
(a) the year beginning on 1 February 2001; and
(b) any year beginning during the initial term on an
anniversary of 1 February 2001, but excluding any period
after the initial term expires.
(o) In Annex E, in Item 3 - Term of the HKISA, the reference to "5 years
from Commencement" is deleted and replaced by the following:
"From Commencement until the later of:
(a) the end of 5 years from Commencement; or
(b) payment of the Total Amount Owing."
-------------------------------------------------------------------------------
4 Continuation of HKISA
The HKISA continues in full force and effect.
-------------------------------------------------------------------------------
5 Costs
The Parties agree to pay their own legal and other costs and expenses in
connection with the preparation, execution and completion of this
agreement.
-------------------------------------------------------------------------------
6 Governing Law
This agreement is governed by the law in force in the place specified in
the Details. Each Party submits to the non-exclusive jurisdiction of the
courts of that place.
-------------------------------------------------------------------------------
7 Counterparts
This agreement may consist of a number of counterparts each executed by
one or more Parties to the agreement. When taken together, the executed
counterparts are treated as making up the one document.
EXECUTED as an agreement
-----------------------------------------------------------------------------------------------------------------------
(C) Mallesons Xxxxxxx Xxxxxx | International Services Agreement (Hong Kong) Amendment Agreement No. 2 7
| 14 May 2003
International Services Agreement (Hong Kong)
Amendment Agreement No. 2
Schedule 1 - Definitions
"AISA" is the agreement between Reach Global Services Limited and Telstra
constituted by the International Services Agreement (Australia) dated 13
October 2000 made between Reach and Telstra as novated between Reach Global
Services Limited and Telstra by the Novation Agreement (International Services
Agreement (Australia)) dated 26 April 2002 made between Reach, Reach Global
Services Limited and Telstra.
"Amended and Restated Facility Agreement" has the meaning given in the
Amendment and Restatement Agreement.
"Amendment and Restatement Agreement" is the Amendment and Restatement
Agreement dated 15 April 2003 made between Reach Finance Limited, Reach, Reach
Networks, Reach Networks Australia Pty Limited, Reach Global Networks Limited,
Reach Global Services Limited and XX Xxxxxx Chase Bank.
"Date of Amendment" has the meaning given in the Amendment and Restatement
Agreement.
"Financiers" has the meaning given in the Amended and Restated Facility
Agreement.
"HKISA" is the International Services Agreement (Hong Kong) dated 13 October
2000 made between Reach Networks and HKTC.
"Reach" is Reach Ltd (formerly Joint Venture (Bermuda) No. 1 Limited).
"Telstra" is Telstra Corporation Limited.
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(C) Mallesons Xxxxxxx Xxxxxx | International Services Agreement (Hong Kong) Amendment Agreement No. 2 8
| 14 May 2003
International Services Agreement (Hong Kong)
Amendment Agreement No. 2
Signing page
DATED: 15 April 2003
)
SIGNED by )
) ..........................................
and ) By executing this agreement the signatory
) warrants that the signatory is duly
as authorised representatives for ) authorised to execute this agreement on
REACH NETWORKS HONG KONG ) behalf of REACH NETWORKS HONG KONG LIMITED
LIMITED in the presence )
of: )
)
)
.................................... ) ..........................................
Signature of witness ) By executing this agreement the signatory
) warrants that the signatory is duly
.................................... ) authorised to execute this agreement on
Name of witness (block letters) ) behalf of REACH NETWORKS HONG KONG LIMITED
SIGNED by )
)
as authorised representative for )
PCCW-HKT TELEPHONE LIMITED )
in the presence of: )
)
)
.................................... )
Signature of witness ) ..........................................
) By executing this agreement the signatory
.................................... ) warrants that the signatory is duly
Name of witness (block letters) ) authorised to execute this agreement on
) behalf of PCCW-HKT TELEPHONE LIMITED
-----------------------------------------------------------------------------------------------------------------------
(C) Mallesons Xxxxxxx Xxxxxx | International Services Agreement (Hong Kong) Amendment Agreement No. 2 9
| 14 May 2003
Mallesons Xxxxxxx Xxxxxx
International Services
Agreement (Hong Kong)
Amendment Agreement Xx. 0
Xxxxx 00 Xxxxx 0000
Xxxxx Xxxxxxxx Xxxx Xxxx Limited
PCCW-HKT Telephone Limited
Mallesons Xxxxxxx Xxxxxx
Level 28
Rialto
000 Xxxxxxx Xxxxxx
Xxxxxxxxx Xxx 0000
T x00 0 0000 0000
F x00 0 0000 0000
DX 000 Xxxxxxxxx
Xxxxxxxxxxxxx Xxxxxxxx Xxxxxxxxx (Xxxx Xxxx)
Amendment Agreement No. 2
Contents
-------------------------------------------------------------------------------
1 Interpretation 2
-------------------------------------------------------------------------------
2 Condition precedent 2
-------------------------------------------------------------------------------
3 HKISA Amendment 2
-------------------------------------------------------------------------------
4 Continuation of HKISA 7
-------------------------------------------------------------------------------
5 Costs 7
-------------------------------------------------------------------------------
6 Governing Law 7
-------------------------------------------------------------------------------
7 Counterparts 7
Schedule 1 - Definitions 8
