Amendment to the MA Supplementary Agreement
Exhibit (a)(5)(S)
Amendment to the MA Supplementary Agreement
This AMENDMENT TO THE SUPPLEMENTARY AGREEMENT (the “Amendment”) is made and entered into as of July 9, 2021, between IG4 Capital Infrastructure Investments LP, an investment fund organized under the laws of Scotland (the “Offeror”), and Mario Germán Xxxxx Xxxxxxxx Pflucker (“Xx. Xxxxxxxx”).
Reference is made to the MA Supplementary Agreement dated July 2, 2021, entered into by the Offeror and Xx. Xxxxxxxx (the “Supplementary Agreement”). Capitalized terms not otherwise defined herein shall have the meaning given to such terms in the TOSA, the Trust Agreement or the Supplementary Agreement, as applicable.
By means of this Amendment, the Offeror and Xx. Xxxxxxxx have agreed to partially amend the Supplementary Agreement, in order to replace Section 3(ii) of the Supplementary Agreement in its entirety, as follows:
“3. Encumbered MA Shares
(…)
(ii) | The possibility to transfer such MA Shares to the Trust shall be offered and made available by the Offeror to all shareholders of the Company in the same terms and conditions as those described in Section 3(i) and will be conducted in accordance with applicable Laws in the Republic of Peru and the United States of America”. |
IN WITNESS WHEREOF, each of the Offeror and Xx. Xxxxxxxx has caused this Amendment to be executed by its respective officers thereunto duly authorized.
[Signature page below]
Signature page of the AMENDMENT TO THE SUPPLEMENTARY AGREEMENT dated as of July 9, 2021, by and among the Offeror and Xx. Xxxxxxxx
IG4 Capital Infrastructure Investments LP
By: | /s/ Xxxxxxx Mac Lean | |
Name: | Xxxxxxx Mac Lean | |
Title: | Authorized Person |
Signature page of the AMENDMENT TO THE SUPPLEMENTARY AGREEMENT dated as of July 9, 2021, by and among the Offeror and Mr. Xxxxxxxx
Xxxxx Germán Xxxxx Xxxxxxxx Pflucker:
By: | /s/ Xxxxxx Xxxxxxx Xxxxx Xxxxxxx | |
Name: | Xxxxxx Xxxxxxx Xxxxx Xxxxxxx | |
Title: | Authorized Person |