ContractCredit Agreement • January 26th, 2009 • Freeport McMoran Copper & Gold Inc • Metal mining • New York
FIRST AMENDMENT dated as of January 22, 2009 (this “First Amendment”), in respect of the AMENDED AND RESTATED CREDIT AGREEMENT dated as of March 19, 2007, as amended as of July 10, 2007 (the “Restated Credit Agreement”), which amends and restates the AMENDED AND RESTATED CREDIT AGREEMENT dated as of July 25, 2006, which amended and restated the AMENDED AND RESTATED CREDIT AGREEMENT dated as of September 30, 2003, which amended and restated the AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 19, 2001, which amended and restated both the CREDIT AGREEMENT originally dated as of October 27, 1989 and amended and restated as of June 1, 1993 and the CREDIT AGREEMENT originally dated as of June 30, 1995, among FREEPORT-MCMORAN COPPER & GOLD INC., a Delaware corporation, PT FREEPORT INDONESIA, a limited liability company organized under the laws of the Republic of Indonesia and domesticated under the laws of Delaware as a corporation, U.S. BANK NATIONAL ASSOCIATION, a national banking
DISTRIBUTION AGREEMENTDistribution Agreement • January 26th, 2009 • Freeport McMoran Copper & Gold Inc • Metal mining • New York
Freeport-McMoRan Copper & Gold Inc., a Delaware corporation (the “Company”), confirms its agreement with J.P. Morgan Securities Inc., as agent and/or principal under any Terms Agreement (as defined in Section 1(a) below) (“you” or “JPMS”), with respect to the issuance and sale from time to time by the Company, in the manner and subject to the terms and conditions described below (this “Agreement”), of shares (the “Shares”) of common stock, $0.10 par value per share (the “Common Stock”), of the Company having an aggregate Gross Sales Price (as defined in Section 2(b) below) of up to $750,000,000 (the “Maximum Amount”) on the terms set forth in Section 1 of this Agreement. The Shares are described in the Prospectus referred to below.
ContractCredit Agreement • January 26th, 2009 • Freeport McMoran Copper & Gold Inc • Metal mining • New York
FIRST AMENDMENT dated as of January 22, 2009 (this “First Amendment”), in respect of the AMENDED AND RESTATED CREDIT AGREEMENT (the “Parent Credit Agreement”) dated as of July 10, 2007, among FREEPORT-MCMORAN COPPER & GOLD INC., a Delaware corporation (the “Borrower”), the Lenders party thereto, the Issuing Banks party thereto, and JPMORGAN CHASE BANK, N.A. (“JPMCB”), as Administrative Agent and as Collateral Agent, and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Syndication Agent.
