SIXTH AMENDING AGREEMENTSixth Amending Agreement • July 17th, 2006 • Inco LTD • Primary smelting & refining of nonferrous metals
WHEREAS the Offeror mailed the Offer dated October 24, 2005 to purchase all outstanding Common Shares of the Company in accordance with Section 1.1(b) of the Support Agreement dated October 10, 2005 entered into between the Offeror and the Company, as amended by Amending Agreement dated January 12, 2006, Second Amending Agreement dated February 20, 2006, Third Amending Agreement dated March 21, 2006, Fourth Amending Agreement dated May 13, 2006 and Fifth Amending Agreement dated June 25, 2006 (as amended from time to time, the “Support Agreement”);
AMENDING AGREEMENTAmending Agreement • January 20th, 2006 • Inco LTD • Primary smelting & refining of nonferrous metals
WHEREAS the Offeror mailed the Offer dated October 24, 2005 to purchase all outstanding Common Shares of the Company (the “Original Offer”) in accordance with section 1.1(b) of the Support Agreement dated October 10, 2005 entered into between the Offeror and the Company (the “Support Agreement”);
SECOND AMENDING AGREEMENTSecond Amending Agreement • February 28th, 2006 • Inco LTD • Primary smelting & refining of nonferrous metals
WHEREAS the Offeror mailed the Offer dated October 24, 2005 to purchase all outstanding Common Shares of the Company (the “Original Offer”) in accordance with Section 1.1(b) of the Support Agreement dated October 10, 2005 entered into between the Offeror and the Company, as amended by Amending Agreement dated February 20, 2006 (as amended, the “Support Agreement”);
WAIVER AND AMENDMENT TO COMBINATION AGREEMENTCombination Agreement • July 17th, 2006 • Inco LTD • Primary smelting & refining of nonferrous metals • New York
This WAIVER and FIRST AMENDMENT TO COMBINATION AGREEMENT (this “Waiver and Amendment”) is made and entered into as of July 16, 2006, between Phelps Dodge Corporation, a New York corporation (“Portugal”), and Inco Limited, a corporation organized and existing under the laws of Canada (“Italy”).
