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Exhibit 10.39
THIS DEED is made the 30th day of April 1981
BETWEEN: CAYMAN WATER COMPANY LIMITED
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a Company incorporated and existing under the Laws of
the Cayman Islands with registered office in Xxxxxx
Town, Grand Cayman Islands
(hereinafter called "the Borrower")
OF THE ONE PART
AND: THE ROYAL BANK OF CANADA
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of X.X. Xxx 000, Xxxxxx Xxxx, Xxxxx Xxxxxx, Xxxxxx
Xxxxxxx
(hereinafter called "the Bank")
OF THE OTHER PART
W H E R E A S :-
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(1) This Deed is made supplemental to the Debenture ("the Debenture") dated 1st
June 1979 between the Borrower, the Bank, Xxxxxx X. Xxxxxx ("Xxxxxx") and
Cayman Public Utilities Ltd., (CPU) and to all collateral security
documents and agreements executed pursuant thereto.
(2) The Bank has agreed to extend to the Borrower additional credit facilities
to the extent of CI$275,000.00 or its equivalent in United States Dollars
upon having the same secured in manner hereinafter appearing.
NOW THIS DEED WITNESSETH as follows:-
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1. In consideration of the said agreement the Borrower and the Bank hereby
agree that the Debenture shall hereafter stand as security for all sums
owing to the Bank from time to time up to a maximum of Four Hundred and
Seventy-Five Thousand Cayman Islands Dollars (CI$475,000.00) or its
equivalent in United States Dollars together with interest thereon provided
that the Bank shall have the right in its sole discretion to determine what
proportion of the additional credit facilities shall be advanced in Cayman
Islands Dollars and what proportion in United States Dollars.
[PUBLIC RECORD OFFICE CAYMAN ISLANDS STAMP]
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2. In so far as not hereby expressly waived or varied the Borrower and the
Bank hereby confirm the terms and provisions of the Debenture.
IN WITNESS WHEREOF the parties hereto have executed this Deed the day and year
first above written.
The Common Seal of CAYMAN WATER ) CAYMAN WATER COMPANY LIMITED
COMPANY LIMITED was hereunto )
affixed by X. Xxxxxx ) Per: /s/ X. Xxxxxx
and by X. Xxxxxx ) ------------------------
in the presence of:- ) Director
)
)
/s/ Xxxx Xxxxxx Per: /s/ X. Xxxxxx
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Witness Director
SIGNED, SEALED and DELIVERED ) THE ROYAL BANK OF CANADA
by X.X. Xxxxxxx )
the duly authorised attorney for )
the Bank in the presence of:- )
)
)
)
/s/ Xxxx Xxxxxx Per: /s/ X.X. Xxxxxxx
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Witness Attorney for the Bank
[PUBLIC RECORD OFFICE CAYMAN ISLANDS STAMP]
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I, Xxxx Xxxxxx, of Xxxxxx Town, Grand Cayman,
Cayman Islands make oath and say:-
1. The foregoing Deed made between CAYMAN WATER COMPANY LIMITED ("the
Borrower") of the one part and THE ROYAL BANK OF CANADA ("the Bank") of the
other part was made by the Borrower and the Bank on the 30th day of
April, One Thousand Nine Hundred and Eighty One.
2. I was present and did see X.X. Xxxxxxx, the duly authorised attorney
for and on behalf of the Bank sign seal and as and for his proper act and
did execute acknowledge and deliver the said Deed for the purposes therein
mentioned on the 30th day of April One Thousand Nine Hundred and Eighty
One between the hours of 10:00 a.m. and 11:00 a.m. in the forenoon at
Xxxxxx Town, Grand Cayman, Cayman Islands.
3. The Bank is a banking corporation existing under the Laws of Canada and
having a branch office in Xxxxxx Town, Grand Cayman, Cayman Islands.
4. That the name Xxxx Xxxxxx, subscribed as a witness attesting to the
due execution of the said Deed by the Borrower is of the proper handwriting
of me this deponent and I reside at Xxxxxx Town, Grand Cayman and am an
Attorney-at-Law.
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Witness
SWORN at Xxxxxx Town, Grand Cayman, Cayman Islands this day of May One
Thousand Nine Hundred and Eighty One before me:-
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Justice of the Peace
[PUBLIC RECORD OFFICE CAYMAN ISLANDS STAMP]
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I, Xxxx Xxxxxx, of Xxxxxx Town, Grand Cayman, Cayman Islands make oath and say:-
1. The foregoing Deed made between CAYMAN WATER COMPANY LIMITED ("the
Borrower") of the one part and THE ROYAL BANK OF CANADA ("the Bank") of the
other part was made by the Borrower and the Bank on the 30th day of April
One Thousand Nine Hundred and Eighty One.
2. I was present and did see X. Xxxxxx and X. Xxxxxx Director and Director
respectively of the Borrower affix the Common Seal of the Borrower to the
said Deed and sign the same as and for the proper act and deed of the
Borrower and execute acknowledge and deliver the said Deed for the purposes
therein mentioned on the 30th day of April One Thousand Nine Hundred and
Eighty One between the hours of 10:00 and 11 in the fore noon at Xxxxxx
Town, Grand Cayman, Cayman Islands.
3. The Borrower has its registered office at Xxxxxx Town, Grand Cayman, Cayman
Islands and is a company duly incorporated and existing under the Laws of
the Cayman Islands.
4. That the name Xxxx Xxxxxx, subscribed as a witness attesting to the due
execution of the said Deed by the Borrower is of the proper handwriting of
me this deponent and I reside at Xxxxxx Town, Grand Cayman and am an
Attorney-at-Law.
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Witness
SWORN at Xxxxxx Town, Grand Cayman, Cayman Islands this day of May One
Thousand Nine Hundred and Eighty One before me:-
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Justice of the Peace
[PUBLIC RECORD OFFICE GRAND CAYMAN ISLANDS STAMP]
