Scheduleforming part of the Balance Sheet - Domain-b
Scheduleforming part of the Balance Sheet - Domain-b
Scheduleforming part of the Balance Sheet - Domain-b
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Annual Report 2007-2008<br />
Notes on Consolidated <strong>Balance</strong> <strong>Sheet</strong> and Pr<strong>of</strong>it and Loss Account (Contd.)<br />
f) Guarantees given to bankers:<br />
St. James Court Hotel Limited owns <strong>the</strong> leasehold interest in a property in London, such interest having been assigned<br />
to it in an earlier year by a subsidiary company (under liquidation) on <strong>the</strong> basis <strong>of</strong> a licence granted by <strong>the</strong> landlord <strong>of</strong><br />
<strong>the</strong> property, Scottish Widows’ Fund and Life Assurance Society. The licence was granted for such assignment upon<br />
<strong>the</strong> guarantee from <strong>the</strong> Company for <strong>the</strong> due performance and observance by St. James Court Hotel Limited <strong>of</strong> <strong>the</strong><br />
covenants and conditions contained in <strong>the</strong> licence. The obligations <strong>of</strong> <strong>the</strong> Company in favour <strong>of</strong> <strong>the</strong> landlord shall<br />
remain in force throughout <strong>the</strong> full term <strong>of</strong> <strong>the</strong> lease, including any renewals.<br />
g) Undertakings given:<br />
The Group has given <strong>the</strong> following undertakings as at <strong>the</strong> <strong>Balance</strong> <strong>Sheet</strong> date:<br />
i. An undertaking to <strong>the</strong> bankers <strong>of</strong> TLRL by TIHK., for non-disposal <strong>of</strong> its shares in TLRL in consideration <strong>of</strong> <strong>the</strong><br />
banks providing loan facilities to TLRL. TIHK holds 24.16% ordinary shares <strong>of</strong> TLRL as at March 31, 2008.<br />
ii. TIHK has agreed to subordinate 50% <strong>of</strong> its basic management fees and 100% <strong>of</strong> its incentive fees due from TLRL<br />
in lieu <strong>of</strong> a bank having extended loan facilities to TLRL. No amount <strong>of</strong> fee has remained unpaid on account <strong>of</strong><br />
this subordination as at March 31, 2008.<br />
iii. The Group has entered into a Share Retention Agreement with International Finance Corporation, Washington,<br />
USA (“IFC”) in November 2003, in consideration <strong>of</strong> IFC having provided loan facilities to a subsidiary <strong>of</strong> a<br />
jointly controlled entity, Taj Maldives Private Limited (“TMPL”). The Group, <strong>of</strong> which TIHK is a member, has<br />
also agreed to maintain at least a 26% aggregate effective shareholding in TMPL and to retain effective control <strong>of</strong><br />
TMPL, so long as any amount remains outstanding under <strong>the</strong> loan agreement between TMPL and IFC.<br />
iv. The Group has given an undertaking to a lender <strong>of</strong> Taj Air Limited (TAL) not to transfer, assign, dispose <strong>of</strong> or<br />
encumber its holding in <strong>the</strong> shares <strong>of</strong> TAL without <strong>the</strong> said lender’s prior written approval, except for changes in<br />
<strong>the</strong> shareholding <strong>of</strong> TAL between specified entities<br />
10. Finance and Operating Leases:<br />
a) IHMS formed IHMS LLC (“New York LLC”) under <strong>the</strong> laws <strong>of</strong> <strong>the</strong> State <strong>of</strong> Delaware, U.S.A. The New York LLC<br />
was formed to acquire <strong>the</strong> lease with 795 Fifth Avenue Corporation, its affiliates 795 Fifth Avenue Limited Partner<br />
ship, Barneys New York and individual a<strong>part</strong>ment owners, which encompass <strong>the</strong> facilities <strong>of</strong> <strong>the</strong> Hotel Pierre.<br />
The New York LLC has entered into lease agreements for <strong>the</strong> use <strong>of</strong> various facilities at <strong>the</strong> Hotel Pierre for <strong>the</strong> purpose<br />
<strong>of</strong> operating a hotel business. Under <strong>the</strong> terms <strong>of</strong> <strong>the</strong> various Agreements, <strong>the</strong> New York LLC is required to:<br />
i. provide an irrevocable unconditional letter <strong>of</strong> credit in <strong>the</strong> amount <strong>of</strong> $ 5 million, as to be renewed annually until<br />
expiration <strong>of</strong> <strong>the</strong> lease.<br />
ii. spend not less than $35 million on renovations <strong>of</strong> <strong>the</strong> property not later than June 30, 2007.<br />
139