yau86 发表于 13-12-2013 11:11 PM 
盼望好久了
Pulai Jaya Interchange 最新消息 （June 2013）
We refer to our announcements dated 12 February 2009, 17 February2009, 28 May 2009, 11 August 2009, 6 October 2009, 14 October 2009 and 21October 2009, 11 May 2010, 12 January 2011, 12 July 2011, 9 July 2012 and 31July 2012 in relation to the Proposals. The Board wishes to announce that ABSB, Hartaplus R&M(collectively “the Vendor”) and ECSB have on 17 June 2013 entered into a SecondSupplemental Agreement (“SSA”) to vary certain terms of the Existing SPA. TheSSA, the first Supplemental Agreement (“SA”) and the Existing SPA hereinaftercollectively referred to as the Agreement. The variations made to the ExistingSPA under the SSA are as follows:- (i) The ECSB shallbe entitled to deduct and retain the Interchange Cost, the Contribution Cost,the Funding Cost, the Acquisition Cost and the Consultants Cost (collectively,the "Deductions") subject to a maximum aggregate amount of RinggitMalaysia Forty Nine Million Three Hundred And Fifty Thousand (RM49,350,000.00)only (“Maximum Aggregate Deductions Sum”) and the Balance Purchase Price (lessthe Deductions) shall be paid by ECSB within twenty four (24) months commencingfrom 23 April 2013, being the date of the Federal Court decision to dismiss theprevious Board of Directors of Hartaplus R&M appeal against the Court ofAppeal’s decision on the Court confirmation (“FC Decision”) (the"Completion Period") as follows: (a) the Redemption Sum shall be paid to the Chargee in accordance withthe terms of the Agreement; and (b) the remaining balance ofthe Balance Purchase Price (less the Deductions and the Redemption Sum) shallbe paid to the Stakeholders as stakeholders only and shall be released by theStakeholders in accordance to the Agreement. The date when the Balance Purchase Price (less the Deductions) ispaid in full by ECSB in accordance with the above terms shall be deemed as thecompletion date of the Agreement (the "Completion Date"). In theevent that ECSB shall fail or is unable to pay the Balance Purchase Price (lessthe Deductions) within the Completion Period, the Vendor hereby expresslyagrees to grant to ECSB an extension of time of thirty (30) days commencing onthe day immediately following the expiry of the Completion Period (the"Extended Completion Period") to pay the Balance Purchase Price (lessthe Deductions) provided that ECSB shall in the event that the ExtendedCompletion Period shall apply, pay to the Vendor interest at the rate of eightper centum (8%) per annum on the Balance Purchase Price (less the Deductions)still outstanding as at the expiry of the Completion Period for the actualnumber of days elapsed from the date immediately following the expiry of theCompletion Period until the date on which the Balance Purchase Price (less theDeductions) shall have been paid in full and the late payment interest must bepaid in full at the same time as the payment of the Balance Purchase Price(less the Deductions). (ii) In the eventthat the Transfer in respect of the Land cannot be registered for any reasonwhatsoever, not occasioned by any act, default, omission or blameworthy conducton the part of any of the parties hereto and both parties hereto have withinthe time stated in the Agreement done or, caused to be done all acts andthings, the Deposit and all moneys paid by ECSB to the Vendor shall be refundedfree of interest to ECSB by the Vendor subject to ECSB simultaneously inexchange returning or causing the return of the Documents, the Transfer, theissue document of Title of the Land together with all other relevant documentsand the redelivery of vacant possession of the Land to the Vendor in itsoriginal state and condition. (iii) The Vendor and ECSBhereby agree and acknowledge that ECSB is purchasing the Land strictly on thebasis that ECSB shall assume the obligations of Hartaplus R&M to constructthe proposed "Bandar Pulai Jaya" interchange on KM27.00 of the SecondLink Highway and the access road to the Land in accordance with the drawingsand plans approved or amended by the relevant authorities (collectively, the"Interchange") at the sole costs and expense of ECSB (including thefunding cost of ECSB to construct the Interchange), provided that ECSB shall beentitled to deduct Maximum Aggregate Deductions Sum from the Balance PurchasePrice. (iv) ECSB shall besolely responsible for dealing with all matters pertaining to the acquisitionof the land required for the construction of the Interchange including liaisingdirectly with ABSB and the relevant authorities, as the case may be. (v) Wherepermissible, all approvals for the construction of the Interchange which havebeen obtained by Hartaplus R&M shall be transferred by Hartaplus R&M toECSB at ECSB's cost and expense to enable ECSB to carry out the construction ofthe Interchange. Hartaplus R&M and ECSB shall co-operate to effect thetransfer of such approvals, and shall take the necessary steps to initiate suchtransfer as soon as practicable after the FC Decision. ECSB shall do all thatis within its power, and shall endeavour to ensure that the approvals remain infull force and effect. (vi) HartaplusR&M shall either novate the existing contracts with the consultants for theInterchange to ECSB or shall discharge the consultants and obtain letters ofdischarge from them upon confirmation from ECSB. Such confirmation shall begiven by ECSB to Hartaplus R&M within twenty one (21) days from the date ofthis SSA. All Consultants Cost shall be borne by ECSB. (vii) In the event thisAgreement is terminated or rescinded before the Completion Date for any reasonswhatsoever, then to the extent permissible, ECSB shall effect a transfer of allapprovals for the construction of the Interchange (including approvals obtainedby the ECSB, if any) in favour of Hartaplus R&M. Hartaplus R&M and ECSBshall co-operate to effect the transfer of such approvals, and shall take thenecessary steps to initiate such transfer (“Transfer Approval”) within fourteen(14) days from the date of termination or rescission of this Agreement, andECSB shall ensure that the Transfer Approval shall be effected within one (1) month from the date the steps toinitiate such Transfer Approval is taken. The cost and expense of such TransferApproval shall be borne by ECSB. In the event of default of the TransferApproval, the moneys payable by the Vendor and the Stakeholders to ECSB byvirtue of the termination or rescission of this Agreement shall not be remittedto ECSB until and unless the Transfer Approval of all the approvals for theconstruction of the Interchange in favour of Hartaplus R&M is effected providedthat the failure of ECSB to transfer the approvals is not due to a prohibitionof such Transfer Approval by the relevant authorities issuing the approvals. The Existing SPA and this SSA shall be read and construed as asingle integrated document as if the above amendments, variations andmodifications had been incorporated in the Existing SPA as from the date of theExisting SPA. All references to the Existing SPA in the Existing SPA itself andin any other agreements or documents executed in connection therewith orarising therefrom or related thereto shall be construed as references to theExisting SPA as so amended and modified. This Announcement is dated 17 June 2013
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发表于 23-5-2013 07:22 PM
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