APPENDIX TO CREDIT AGREEMENT (English translation)
Exhibit 15
(English translation)
This Appendix is entered into in Madrid this 29th day of October 2010 with the intervention of the
Official Mediating Officer of Madrid.
BY AND AMONG:
(1) Xx. Xxxxxx Xxxxxxxxx Maza 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 *** (hereinafter, the “Borrower”).
(2) Mr. Xxxx
Xxxxxx Xxxxxxxx Xxxxxx and Ms. Xxxxxxx Xxxxx 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 ***.
AND:
Xx. Xxxxxx Xxxx
Xxxxxxx 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 ***
(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 December 29, 2009 whose amount and current expiry date were set forth as EIGHTEEN MILLION UNITED STATES DOLLARS ($18,000,000 USD), which were subsequently amended by virtue of Appendixes signed by the parties on June 29, 2010 and 29 July, 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 October 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 November 29, 2010. |
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2.- | To amend the maximum amount of the Agreement to TWELVE MILLION FIVE HUNDRED THOUSAND UNITED STATES DOLLARS ($12,500,000 USD). | |
3.- | 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. | |
4.- | That any taxes and expenses that may arise or become due as a result of executing, notarizing and fulfilling this Agreement shall be incurred by the Borrower. | |
5.- | The Guarantor has expressly stated its guaranty to have been extended. |
AND, IN WITNESS WHEREOF, the parties to this Appendix of the Agreement state their conformity with
and approval of 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.
And I, the Certifying Public Officer, DO HEREBY ATTEST to the identity and capacity of the parties,
to the legitimacy of their signatures and to the execution of this Agreement drafted on two pages
numbered sequentially 1 to 2.
Telvent USA INC.
|
DEUTSCHE BANK, | |
By:
/s/ Xxxxxx Xxxxxxxxx Maza |
Sociedad Anónima Española | |
By: /s/ Gregor Xxxx Xxxxxxx |
||
By: /s/ Francisco Xxxxxx Xxxxxxx Xxxxxx |
||
By: /s/ Xxxx Xxxxx Xxxxxxxxxx
|
TELVENT GIT,
S.A.
By: /s/ Xxxx Xxxxxx Xxxxxxxx Xxxxxx
Xxxx Xxxxxx Xxxxxxxx Xxxxxx
S.A.
By: /s/ Xxxx Xxxxxx Xxxxxxxx Xxxxxx
By: /s/ Xxxxxxx Xxxxx Xxxxxxx Xxxxxx
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