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This is a fair and accurate English translation of a Spanish language
document as required by Rule 306(a) Regulation S-T.
/s/ XXXX X. XXXXXX
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Xxxx X. Xxxxxx
Vice President, Administration
and Chief Accounting Officer
IMPSAT Corporation
July 15, 1998
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EXHIBIT 10.4
AMENDMENT TO AGREEMENT
BETWEEN:
NAHUELSAT S.A., hereafter the "SUPPLIER", on the one hand,
represented for the purposes herein by Xx. Xxxxxx Xxxxxx, General Manager, and
Xx. Xxxxx Xxxxxxx Xxxxxx, Marketing and Sales Manager, and
IMPSAT S.A., hereafter the "CLIENT", on the other hand, represented
for the purposes herein by Mr. Rafael Carchak Canes, as the Representative of
the said company,
jointly named hereafter the "Parties" and
PREAMBLE:
a) The CLIENT and the SUPPLIER executed on April 26, 1996 a Lease
Agreement for a Satellite Facility (hereafter the "Contract").
b) The CLIENT requested an increase in the lease of Satellite Capacity.
c) For such ends, it is necessary to amend certain articles of the
Contract and Appendix B.
d) Aside from the amendments which are expressly stated herein
(hereafter "Amendments") the Contract shall remain in force with
regard to all of its terms and appropriate Appendixes.
Therefore, the Parties AGREE as follows:
ARTICLE ONE. This Amendment shall become an integral part of the Contract.
Below, Contract shall be understood as: the instruments constituted by the
Contract, the instant amendment and the respective Appendices.
ARTICLE TWO. Substitute, with a validity date of September 8, 1997, the
following Articles of the Contract with the text below:
3.1 The capacity assigned to the CLIENT in Satellite NAHUEL consists of:
3.1.1 Thirty-six (36) Mega-Hertz (hereafter "Mhz"), starting
September 8, 1997, and ending November 30, 1998, divided into two
segments of thirty-two (32) MHz and four (4) MHz, respectively.
3.1.2 Sixty (60) Mhz starting December 1, 1998, and ending August 31,
2003, divided into two segments of thirty-two (32) MHz and four (28)
MHz, respectively.
3.1.3 The CLIENT, prior to the period indicated in 3.1.2, may
increase the Assigned Capacity up to sixty (60) MHz, as established
in 3.1.1, by way of a notification to the SUPPLIER, thirty (30) days
prior to the date on which it wishes to increase the Assigned
Capacity. The amounts
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established in articles 3.2, 3.3, 3.4 and 3.5, for the Assigned
Capacity in Article 3.1.1, shall be modified in accordance with the
increase in Assigned Capacity.
3.1.4 The CLIENT may, prior to April 30, 1998, and with a
notification period to the SUPPLIER of no less than 48 hours,
decrease the Satellite Capacity indicated in 3.2.1 down to the limit
in MHz of the Assigned Capacity which it actually uses by virtue of
article 3.1.3, at the time of requesting the decrease. In the instant
case, a new amendment to the Contract shall be executed bringing the
Contract into line with the new conditions with the SUPPLIER able to
put forward any claim owing to a decrease in the leased Satellite
Capacity.
3.2 The width of the Available Band of the Assigned Transponder is
fifty-four (54) MHz.
3.3 The percentage of the Band Width Available to the Assigned
Transponder which the CLIENT shall have a right to use is:
3.3.1 Fifty-nine point three percent (59.3%), and seven point four
percent (7.4%), respectively, for the Assigned Capacity segments
indicated in 3.3.1.
3.3.2 Fifty-nine point three percent (59.3%), and fifty-one point
nine percent (51.9%), respectively, for the Assigned Capacity
segments indicated in 3.3.2.
3.4 The Available Power of each assigned Transponder corresponds to an
output back-off of four point two (4.2) decibels (hereafter dB) of
the respective, progressive wave tube.
3.5 The maximum rate of Available Power of the Assigned Transponder the
CLINET shall have the right to use, is:
3.5.1 Fifty-nine point three percent (59.3%), and seven point four
percent (7.4%), respectively, for the Assigned Capacity segments
indicated in 3.1.1. These percentages correspond to the total output
back-off for the carriers, in Assigned Capacity segments of six point
five (6.5) dB, and fifteen point five (15.5) dB, respectively, of the
applicable, progressive wave tube amplifiers.
3.5.2 Fifty-nine point three percent (59.3%), and fifty-one point
nine percent (51.9%), respectively, for the Assigned Capacity
segments indicated in 3.1.2. These percentages correspond to the
total output back-off for the carriers, in Assigned Capacity segments
of six point five (6.5) dB, and seven point one (7.1) dB,
respectively, of the applicable, progressive wave tube amplifiers.
3.5.3 Should the CLIENT wish to use a greater percentage of the
Available Power of the Assigned Transponder than the one established,
it shall request it from the SUPPLIER, in writing, which will
establish whether it is possible, and determine the increase in rate
which the CLIENT should pay.
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ARTICLE THREE. Taking into account the new Assigned Capacity in the Contract,
Appendix B of the Contract is replaced by a new Appendix named Appendix B-I.
Wherever in the articles of the Contract if mentioned Appendix "B", one should
read "B-I".
In witness thereof the Parties execute three copies of the same contents and one
sole effect, in the City of Buenos Aires, on the 8th day of September, 1997.
[signature] XXXXXX X. XXXXXX [signature]
GENERAL MANAGER
SUPPLIER CLIENT Engineer XXXXXX CARCHAK CANES
GENERAL MANAGER
[signature]
Xx. XXXXX XXXXXXX XXXXXX
Marketing Manager
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APPENDIX B-I
Lease rates: NAHUEL Satellite
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The price the CLIENT shall pay for leasing the Assigned Capacity is:
1997: Between September 8, 1997 and September 30, 1997, US$ 124,000
1997: Between October 1, 1997 and December 31, 1997, US$ 486,000, payable
in three equal consecutive monthly installments of US$ 162,000.
1998: Between January 1, 1998 and November 30, 1998, US$ 1,782,000, payable
in 11 (eleven) equal consecutive monthly installments of US$ 162,000.
1998: Between December 1, 1998 and August 31, 2003, US$ 15,390,000, payable
by 2003, in 57 (fifty-seven) equal consecutive monthly installments
of US$ 162,000.
[signature] [signature]
Xx. XXXXX XXXXXXX XXXXXX Engineer XXXXXX CARCHAK CANES
Marketing Manager General Manager
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