AMENDMENT TO CREDIT AGREEMENT
Exhibit 4.6
AMENDMENT TO CREDIT AGREEMENT
PROCEEDING: This document is incorporated into my |
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REGISTRY BOOK SECTION A:
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RECORD No. [stamp:] 326 | DATE 15 February 2008 |
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Unicaja
Unicaja
BRANCH: | COMMERCIAL LOAN AGREEMENT NO. | AMOUNT EUROS: | ||
5000 — ALMERIA 10
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2103 5000 6 7 0600087428 | ***12,600,000.00 EUROS*** |
In Seville, on February 15 of two thousand and eight.
BY AND BETWEEN:
XXXXXX DE XXXXXX X XXXX DE AHORROS DE XXXXX, CÁDIZ, ALMERÍA, MÁLAGA Y ANTEQUERA (hereinafter called
UNICAJA), a Public Beneficent Institution created through a certified document on March 18, 1991,
with domicile in [***], and Tax Identification Code [***],
registered in the Commercial Registry of Malaga, Volume [***]
Represented by Mr. Francisco Xxxxxx Xxxxxxxx Xxxxxx, with National Identification Document [***] and with domicile in [***] an instrument formalized before the notary of Malaga Xx. Xxxx Xxxxxx xx Xxxxxx Xxxxxxx, on July 24, 1997, at number 3250 of his register, which was recorded in Commercial Registry 5 of Malaga in volume 1137, folio 152, page MA-2447, record 168.
Represented by Mr. Francisco Xxxxxx Xxxxxxxx Xxxxxx, with National Identification Document [***] and with domicile in [***] an instrument formalized before the notary of Malaga Xx. Xxxx Xxxxxx xx Xxxxxx Xxxxxxx, on July 24, 1997, at number 3250 of his register, which was recorded in Commercial Registry 5 of Malaga in volume 1137, folio 152, page MA-2447, record 168.
BORROWER
UTE TELVENT INABENSA (TELVENT INTERACTIVA, S.A. TELVENT TRAFICO Y TRANSPORTES, S.A. AND [illegible]
INABENSA, S.A.) with Fiscal Identification Code [***] and
domicile at [***]. Represented by (***)
TELVENT INTERACTIVA, S.A. F.I.C. [***] represented by Xx. XXXXXXX XXXXXXXX XXXXXXXX ID
[***], attorney-in-fact in virtue of a power of attorney executed before the notary Xx.
Xxxxxxx Xxx Ares Xxxxxxxxx on 11/07/2005, no. 2740.
TELVENT TRAFICO Y TRANSPORTE, S.A. F.I.C. [***] represented by Xx. XXXXXXX XXXXXXXX XXXXXXXX
attorney-in-fact in virtue of a power of attorney executed before the notary Mr. Xxxx Xxxxxxx
Sala Xxxxxxx on 11/07/2005, no. 2541 of his notarial register.
INSTALACIONES INABENSA, S.A., F.I.C. [***], represented by XX. XXXXXXX XXXXXXXX XXXXXXXX,
attorney-in-fact in virtue of a power of attorney executed before me, on 11/07/2005 no. 6797
of my protocol.
hereinafter called the CUSTOMER.
JOINT AND SEVERAL GUARANTORS
hereinafter called the GUARANTORS
WHEREAS:
I) On
November 10, 2005 party of the first part, UNICAJA, and party of the second part, the
business company UTE TELVENT INABENSA (CIUDAD DIGITAL), as CUSTOMER, formalized, with the
involvement of the Notary Xx. Xxxx Xxxx Xxxxxxxx, a Business Loan Agreement in the amount of twelve
million six hundred thousand euros (12,600,000.00 euros), under the conditions resulting from the
aforementioned agreement which, known by the parties, are deemed herein reproduced (hereinafter
called the AGREEMENT).
II) Before the end of the grace period for payment of the principal agreed under the specific
conditions of the AGREEMENT, the parties agreed verbally to extend it for an additional 12-month
period, and therefore its total duration is 36 months and the total term of the agreement is 23
years.
III) For the effects of memorializing the verbal agreement adopted in due course by the parties,
they sign this Amendment Agreement pursuant to the following
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Unicaja
Unicaja
STIPULATIONS:
FIRST: Extension of the term of the loan
The grace period for the loan indicated in Recital I of this agreement is extended for 12 months,
its total duration being set at 36 months, and its expiration on November 10, 2008. As a result,
the term for the loan is extended and set at 23 years, its new final payment being on November 10,
2028.
In relation to the extension of the grace period instituted in this clause, the following sections
of the SPECIFIC CONDITIONS of the AGREEMENT are in turn amended:
1. | Due date of the first payment: December 10, 2008. | ||
2. | Final payment: November 10, 2028. |
SECOND: Expenses
The CUSTOMER shall bear all fees and expenses arising from this Amendment of the Commercial Loan
Agreement.
THIRD: Subsistence of agreements
Insofar as not expressly amended by this agreement, the Commercial Loan agreement indicated in
Recital I), which is included in this document as an appendix, remains in full force and effect.
In witness whereof, this document is signed, at the place and on the date indicated above.
For the CUSTOMER
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For UNICAJA |
With my involvement
THE NOTARY
THE NOTARY
WITH MY INVOLVEMENT: I CERTIFY the identity, capacity, and legitimacy of the signatures of the grantors, as well as their agreement with and approval of this [hw:] 4-page document, including the appendices and documents attached as written. |
THE NOTARY
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Unicaja
Unicaja
MR. XXXXX XXXXX XXXXXXXXX DIRECTOR CAPITAL MARKETS AND REAL ESTATE DIVISION AND XX. XXXXXX XXXXX
XXXXX ROPERO DIRECTOR COMMERCIAL HOLDINGS AND DEVELOPMENT, OF XXXXXX DE XXXXXX X XXXX DE AHORROS DE
XXXXX, CADIZ, ALMERIA, MALAGA Y ANTEQUERA (UNICAJA).
CERTIFY:
That in virtue of the power of attorney dated May twenty-fourth of two thousand and five
granted by this Institution before the Notary of this City Xx. Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx,
number [***] of his register, pursuant to the resolution of the Board of Directors of this
Institution, dated May sixth of two thousand and five, in use of the authorities granted IT HAS
RESOLVED to amend the Commercial Loan Agreement with UTE TELVENT INABENSA (CIUDAD DIGITAL), in the
amount of twelve million six hundred thousand euros formalized before the Notary Xx. Xxxx Xxxx
Xxxxxxxx, dated November 10, 2005, registered with UNICAJA under number [***],
as follows:
• | Expand the effective period through November 10, 2008, setting the new final expiration for November 10, 2028. | ||
• | The fees and expenses arising as a result of this amendment shall be borne by the CUSTOMER. | ||
• | The other conditions of the current-account loan shall remain unchanged. |
And in witness whereof, we issue this certification in Malaga on January thirty-first of two
thousand and eight.
[signature]
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[signature] |
[stamp:]
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NOTARY OFFICE OF XX. XXXX XXXX XXXXXXXX [seal] SEVILLE |