AMENDMENT
Exhibit 10.75.1
AMENDMENT
Reference is made to the Guaranty dated as of August 30, 2006 (the “Guaranty”) made by
Business Objects S.A. (the “Guarantor”) in favor of
Citigroup Inc. and each subsidiary or affiliate
thereof (including Citibank, N.A. and each of its branches wherever located)(“Citigroup”).
Capitalized terms not otherwise defined herein shall have the meanings attributed thereto in the
Guaranty.
The Guaranty is hereby amended by deleting Schedule A to the Guaranty in its entirety and
replacing it with Schedule A attached hereto.
The Guarantor represents and warrants that the representations and warranties contained in
Section 9 of the Guaranty are correct on and as of the date of this Amendment as though made on and
as of the date hereof. The Guarantor represents and warrants to Citigroup that this Amendment has
been duly authorized, executed and delivered on its behalf, and that the Agreement, as amended
hereby, constitutes a legal, valid and binding obligation of the Guarantor, enforceable against the
Guarantor in accordance with its terms. Except as amended hereby, the Guaranty shall remain in
full force and effect. The Guarantor hereby confirms that the Guaranty, as amended hereby, and all
rights and powers created thereby or thereunder, are in all respects ratified and confirmed. This
Amendment shall be governed by, and construed in accordance with, the laws of the State of New
York. This Amendment sets forth the entire agreement
between the parties with respect to the matters addressed herein and supersedes all prior
communications, written or oral, with respect hereto. This Amendment may be executed in any number
of counterparts and by different parties hereto in separate counterparts, each of which when so
executed shall be deemed an original and all of which taken together shall constitute one and the
same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their
respective officers thereunto duly authorized, as of the November 2, 2006.
| Business Objects S.A. | ||||||
| By | /s/ Xxxxx X. Xxxxxxx
|
|||||
| Title: Chief Financial Officer | ||||||
| Citigroup Inc. | ||||||
| By | /s/ Xxxx Xxxxxxxx
|
|||||
| Title: Director, VP | ||||||
1
SCHEDULE A
(as of November 2, 2006)
(as of November 2, 2006)
| Subsidiaries | Country | Currencies | ||
ACTA GmbH
|
Germany | All currencies | ||
Blue-Edge Software Ltd
|
United Kingdom | All currencies | ||
Borg Merger Sub II, Inc (*)
|
USA | All currencies | ||
Business Objects (U.K.) Ltd
|
United Kingdom | All currencies | ||
Business Objects Americas
|
USA | All currencies | ||
Business Objects Argentina S.R.L.
|
Argentina | All currencies | ||
Business Objects Asia Pacific Pte Ltd
|
Singapore | All currencies | ||
Business Objects Australia Pty Ltd
|
Australia | All currencies | ||
Business Objects BeluxS.A./N.V.
|
Belgium | All currencies | ||
Business Objects Corporate
|
Canada & USA | All currencies | ||
Business Objects Danmark ApS
|
Denmark | All currencies | ||
Business Objects Data Integration Inc
|
USA | All currencies | ||
Business Objects de Mexico S. de RL de CV
|
Mexico | All currencies | ||
Business Objects Deutschland GmbH
|
Germany | All currencies | ||
Business Objects do Brasil Ltda.
|
Brazil | All currencies | ||
Business Objects Finland Ltd.
|
Finland | All currencies | ||
Business Objects Greater China Ltd
|
China (Hong Kong) | All currencies | ||
Business Objects Holding B.V.
|
Netherlands | All currencies | ||
Business Objects Holding S.A.S
|
France | All currencies | ||
Business Objects Holding, Inc.
|
USA | All currencies | ||
Business Objects Iberica S.L.
|
Spain | All currencies | ||
Business Objects Italia S.p.A
|
Italy | All currencies | ||
Business Objects Japan K.K.
|
Japan | All currencies | ||
Business Objects Korea Ltd
|
South Korea | All currencies | ||
Business Objects Malaysia Sdn. Bhd.
|
Malaysia | All currencies | ||
Business Objects Nederland B.V.
|
Netherlands | All currencies | ||
Business Objects Nihon B.V.
|
Netherlands | All currencies | ||
Business Objects Nordic A.B.
|
Sweden | All currencies | ||
Business Objects Option LLC
|
USA | All currencies | ||
Business Objects Schweiz A.G.
|
Switzerland | All currencies | ||
Business Objects Software (Shanghai) Co., Ltd.
|
China | All currencies | ||
Business
Objects Software India Private Limited
|
India | All currencies | ||
Business Objects Software Ltd
|
Ireland | All currencies | ||
Business Objects Software South Africa (Proprietary) Ltd.
|
South Africa | All currencies | ||
Business Objects Taiwan Inc.
|
Taiwan | All currencies | ||
Crsytal Decisions Ireland Ltd
|
Ireland | All currencies | ||
Crystal Decisions (Australia) Pty Ltd
|
Australia | All currencies | ||
Crystal Decisions (France)S.A.S
|
France | All currencies | ||
Crystal Decisions (Singapore) Pte Ltd
|
Singapore | All currencies | ||
Crystal Decisions (UK) Ltd
|
United Kingdom & USA | All currencies | ||
Crystal Decisions Holding Ltd. (Ireland)
|
Ireland | All currencies | ||
Crystal Decisions Hong Kong Ltd
|
Hong Kong | All currencies | ||
Set Analyzer Ltd.
|
United Kingdom | All currencies | ||
SRC Software (Singapore) Pte Ltd
|
Singapore | All currencies | ||
SRC Software (UK) Ltd.
|
UK | All currencies | ||
SRC Software Applications Spain SL
|
Spain | All currencies | ||
SRC Software Belgium SPRL
|
Belgium | All currencies | ||
SRC Software Sweden AB
|
Sweden | All currencies | ||
SRC Software, Inc.
|
USA | All currencies |
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