THIS SUPPLEMENTAL WARRANT INDENTURE dated as of September 21, 2004.
Exhibit 10.43
THIS SUPPLEMENTAL WARRANT INDENTURE dated as of September 21, 2004.
BETWEEN:
a corporation incorporated under the laws of Canada
(hereinafter called the “Company”)
AND
COMPUTERSHARE TRUST COMPANY OF CANADA,
a trust company incorporated under the laws
of Canada
(hereinafter called the “Warrant Agent”)
1. This Supplemental Indenture is supplemental to the Warrant Indenture and the Warrant Indenture shall henceforth be read in conjunction with this Supplemental Indenture and all of the provisions of the Warrant Indenture except only insofar as the same may be inconsistent with the express provisions hereof, shall apply and have the same effect as if all the provisions of the Warrant Indenture and of this Supplemental Indenture were contained in one instrument and the expressions used herein shall have the same meaning as is ascribed to the corresponding expressions in the Warrant Indenture.
2. Section 2.1 of the Warrant Indenture is hereby amended to read as follows:
“2.1 Issue of Warrants
Up to a total of 23,485,359 Warrants entitling the registered holders thereof to acquire an aggregate of 23,485,359 Common Shares are hereby created and authorized to be issued hereunder at the Exercise Price upon the terms and conditions herein set forth and shall be executed by the Company and certified by or on behalf of the Warrant Agent upon the written order of the Company and delivered by the Company in accordance with sections 2.3 and 2.4.”
3. The Warrant Indenture shall be and continue to be in full force and effect, unamended, except as provided herein, and the Company hereby confirms the Warrant Indenture in all other respects.
4. This Supplemental Indenture shall be governed by and construed in accordance with the laws of the Province of Ontario and shall be binding upon the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this Supplemental Indenture under the hands of their proper officers in that behalf.
PERU COPPER INC. | ||
By: | “Xxxxxx Xxxxxxx” | |
Authorized Signing Officer | ||
COMPUTERSHARE TRUST COMPANY OF CANADA | ||
By: | “Xxxxxx Xxxx” | |
Authorized Signing Officer | ||
By: | “Xxxx Santa” | |
Authorized Signing Officer |