- 109 - Unit : Million Baht Consolidated financial statements Separate financial statements 2021 2020 2021 2020 Non-cancellable lease commitments Within one year 28 40 20 35 After one year but within five years 28 56 20 52 Total 56 96 40 87 Other commitments Letters of credits 181 327 - 100 Bank guarantees 4,147 3,609 2,082 1,944 Guarantees to subsidiaries and joint ventures for credit facilities, debentures and bank guarantees 501 631 96,115 21,284 Other agreements 11,021 10,094 7,882 7,805 Total 15,850 14,661 106,079 31,133 Under the Equity Contribution and Shareholders Support Agreement between the Company and a subsidiary, the Company will provide financial support in case of occurrence of cash deficiency to a subsidiary according to its shareholding interest not exceeding Baht 410.50 million. Under the Guarantee Agreement between the Company and a financial institution, the Company guaranteed the loan agreement with a subsidiary with credit facility not exceeding USD 120 million. As at December 31, 2021, the subsidiary had unutilised such credit facility. Utilities and Other Services Agreements with minimum purchase quantity The Group has 28 utilities and other services agreements which have minimum purchase quantity with other parties. These agreements are for the periods from 1 years to 30 years, commencing from the date as specified in each agreement and expiring in March 2022 to March 2036. The minimum purchase quantity, the selling price of products and the renewal of the contract will be subject as specified in the agreements. 38. LITIGATIONS a) Purchase and sales of raw materials agreement legal case On December 3, 2009, a company filed for arbitration against PTT Plc. (“PTT”) and the Company as a producer to perform according to purchase and sales of raw materials agreement, of which the said company has been committed by PTT, or to compensate for damages of approximately Baht 13,805 million. On March 8, 2010, the dispute was struck out of the case-list by the arbitration ruling that the Company was not a party to the contract. On August 27, 2010, the said company filed a civil suit to the Civil Court against PTT and the Company as a producer to perform according to purchase and sales of raw materials agreement, of which the said company has been committed by PTT, or to compensate for damages of approximately Baht 9,380 million. In this regards, the Company filed an objection against the indictment with the Civil Court on the basis that the Company was not a party to the contract. On May 21, 2013, the Civil Court considered that the arbitration process between such company and PTT has not yet been finalised; therefore, the Court has temporarily struck the case out of the case-list until the final decision has been reached under arbitration process. Then, both parties or either party can resubmit the case to the Civil Court for the further trial. Subsequently, on March 25, 2016, the arbitration has reached a conclusion for PTT to compensate the damages in some amount. On June 30, 2016, PTT submitted a motion for setting aside the arbitral award to the Civil Court. Thereafter, on September 19, 2019, the Civil Court rendered the judgement for enforcement of the arbitral award. PTT has appealed against the Civil Court’s judgement to the Supreme Court and the Supreme Court rendered the judgement for enforcement of the arbitral award. This case has become final and the Company has no any liability to compensate for any damage. 341 BUSINESS OPERATION AND PERFORMANCE CORPORATE GOVERNANCE FINANCIAL REPORTS AND FINANCIAL STATEMENTS APPENDIX
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