APPENDIX TO CREDIT AGREEMENT (English Translation)
Exhibit 4.1
APPENDIX TO CREDIT AGREEMENT
(English Translation)
This Appendix is entered into in Madrid this 29th day of June 2010 BY AND AMONG:
(1) Xx. Xxxxxxxx Xxxxxxxx Xxxxxxxx and Mr. Xxxx Xxxxxx Xxxxxxxx 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. Xxxx Xxxxxx Xxxxxxxx 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:
Xx. Xxxxx Xxxxxx Xxxxx and Xx. 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 for current account no. (***) for a maximum amount of EIGHTEEN MILLION UNITED STATES DOLLARS ($18,000,000 US) whose expiry date was set forth as June 29, 2010 (hereinafter 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 June 29, 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 July 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. |
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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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/s/ Xxxx Xxxxxx Xxxxxxxx Xxxxxx
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/s/ Xxxx Xxxxxx Xxxxxxxx Xxxxxx
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Deutsche Bank, Sociedad Anómina Española |
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/s/ Xxxxx Xxxxxx Xxxxx
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/s/ Xxxxx Xxxxxxxxxx
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