APPENDIX TO CREDIT AGREEMENT (English Translation)
Exhibit
4.2
This Appendix is entered into in Madrid this 29th day of July 2010 BY AND AMONG:
(1) Xx. Xxxxxxxx Xxxxxxxx Xxxxxxxx and Mr. Francisco Xxxxxx Xxxxxxx Xxxxxx, acting on behalf and
on account of TELVENT USA, INC, whose registered address for the purposes of this agreement is in
Houston, Texas, United States of America at Hollister Road, 7000 A and with TIN (***) (hereinafter,
the “Borrower”).
(2) Xx. Xxxxxxxx Xxxxxxxx and Mr. Francisco Xxxxxx Xxxxxxx Xxxxxx, acting on behalf and on account
of TELVENT GIT, S.A. (hereinafter the “Guarantor”), whose registered address for the purpose of
this Agreement is in Xxxxxxxxxx 00000, Xxxxxx, Xxxxx at Xxxxxxx xx Xxxxxxxxx 0 and with TIN (***).
AND:
Mr. Hans Xxxxx Xxxxxxxxx and Xx. Xxxx Xxxxx Xxxxxxxxxx, acting on behalf and on account of DEUTSCHE
BANK, SOCIEDAD ANÓNIMA ESPAÑOLA, whose registered address for the purposes of this Agreement is in
Xxxxxx 00000, Xxxxx at Xxxxx xx xx Xxxxxxxxxx 00 and with TIN (***) (hereinafter the “Bank”).
R E C I T A L S
I. | WHEREAS, the Bank and the Borrower entered into a Commercial Current Account Credit Agreement on 29 December 2009 whose current amount and expiry date were respectively set forth as EIGHTEEN MILLION UNITED STATES DOLLARS ($18,000,000 US) and July 29, 2010 by virtue of an Appendix signed by the parties on June 29, 2010 to extend its term (hereinafter the “Agreement” and its Appendixes shall jointly be referred to as the “Agreement”); |
II. | WHEREAS, the Borrower has requested the Bank for an extension of such Agreement as the final expiry date for the Agreement was set forth on 29 July 2010, to which the Bank has agreed. The parties have therefore entered into this Appendix to the Agreement, which shall be construed as a merely novating amendment of such Agreement and by virtue of which |
THE PARTIES DO HEREBY AGREE
1.- | To extend the Agreement’s term up to October 29, 2010. | |
2.- | To ratify the full force and effect of the Agreement in all its terms and conditions, in as much as it has not been expressly amended through this Appendix. | |
3.- | That any taxes and expenses that may arise or become due as a result of executing, making public and fulfilling this Agreement shall be incurred by the Borrower. | |
4.- | That the Guarantor has expressly stated its guarantee to have been extended. |
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AND, IN WITNESS WHEREOF, the parties to this Appendix of the Agreement state their conformity and
approval with the contents thereof just as it has been worded and, with my intervention, enter into
it and set their hand on three equally original and authentic copies to be handed over to the
parties, a copy of which will be kept in my records.
Telvent USA, Inc.
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Telvent GIT, S.A., | |||
/s/ Xxxxxxxx Xxxxxxxx Xxxxxxxx
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/s/ Xxxxxxxx Xxxxxxx
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Xxxxxxxx Xxxxxxxx Xxxxxxxx
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Xxxxxxxx Xxxxxxxx | |||
/s/ Francisco Xxxxxx Xxxxxxx Burgos
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/s/ Francisco Xxxxxx Xxxxxxx Xxxxxx | |||
Xxxxxxxxx Xxxxxx Xxxxxxx Xxxxxx
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Xxxxxxxxx Xxxxxx Xxxxxxx Xxxxxx | |||
Deutsche Bank, Sociedad Anómina Española |
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/s/ Xxxx Xxxxx Xxxxxxxxx |
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Xxxx Xxxxx Xxxxxxxxx |
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/s/ Xxxx Xxxxx Xxxxxxxxxx |
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Xxxx Xxxxx Xxxxxxxxxx |
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