Line of Credit Contract

EX-10.24.5 9 a06-5938_1ex10d24d5.htm AMENDMENT TO WORKING CAPITAL FACILITY DTD SEPTEMBER 14, 2005 - DRP

Exhibit 10.24.5

 

Mr. Notary:

 

Please extend in your Registry of Public Deeds, one that evidences the modification to the Line Of Credit Contract in Foreign Currency that celebrate on the one parte BANCO DE CREDITO DEL PERU, RUC No. 20100047218 with address at Calle Centenario No. 156, Urb. Las Laderas de Melgarejo, La Molina, Lima properly represented by Mr. Diego Cavero Belaunde, identified with DNI No. 09397156 and Mr. Andres Arredondo Bellido, identified with DNI No. 10543236, according to powers registered in Entry No. 11009127 of the Registry of Legal Entities in the Registry Office of Lima and Callao who henceforth will be denominated ‘THE BANK”, and on the other DOE RUN PERU S.R.L., with RUC NO. 20376303811, with address at Av. Victor Andres Belaunde 147, Via Principal 155, Centro Empresarial Real – Torre Real 3, Floor 9, San Isidro, properly represented by Mr. Albert Bruce Neil, identified with Identity Letter for Immigrant No. 000102841, with faculties to that effect according to powers registered in Electronic Entry No. 11015369 of the Registry of Legal Entities in Lima, who henceforth will be denominated DRP; under the following terms and conditions:

 

FIRST:        BACKGROUND AND INTERPRETATION

 

The terms that appear capitalized in this Modification shall have the same meaning that is attributed to them in the Line of Credit Contract in Foreign Currency celebrated September 17, 2002 between THE BANK and DRP the same which was elevated to Public Deed on September 25, 2002 by Lima Notary Doctor Ricardo Ortiz de Zevallos Villaran (herein, the “Line of Credit Contract”), in virtue of which a line of credit was granted to DRP under the term and conditions there established.

 

SECOND:                                        MODIFICATION

 

THE BANK and DRP agree to modify and extend the Final Expiration Date to which numeral 3.6 of the Third Clause of the Line of Credit Contract refers to until October 23, 2005.

 

THIRD:     VALIDITY OF CREDITOR RIGHTS

 

The extension of the Final Expiration Date of the Line of Credit Contract does not imply the renunciation by THE BANK to any creditor right originated before the signing of this document.

 

No fault on the part of THE BANK to exercise, or any delay in exercising, any right, power or dispensation under the Line of Credit Contract could be considered as a renunciation to such rights, powers or dispensations; or the sole or partial execution of any of such rights powers or dispensations will not be able to be considered as the evasion of the exercise of any other rights, powers or dispensations.

 

Any renunciation, dispensation and/or release shall be interpreted and executed in a restrictive manner and for the specific purposes for which it was granted.

 

FOURTH:                                         NON MODIFIED CLAUSES AND RATIFICATION

 

The parties expressly agree that all the remaining Clauses and attachments of the Line of Credit Contract that have not suffered modifications according to the Second Clause of this Modification, remain unaltered and are expressly ratified.

 

The Line of Credit Contract, its attachments and these modifications constitute the integral agreement between the parties, as it may be modified or complemented.

 



 

FIFTH:         GUARANTEED

 

The parties expressly agree that the guarantees to which the Guarantee Contracts Refer to are maintained without any modification or variation and that they remain guaranteeing all the obligations derived from the Line of Credit Contract with the modification that is introduced into it by this contract.

 

Add to this Mr. Notary, the remaining clauses by law and rise this minute to public deed.

 

Lima September 14, 2005

 

 

/s/ Diego Cavero Belaunde

 

/s/ Andres ArredondoBellido

 

Banco de Credito del Peru

Banco de Credito del Peru

 

 

/s/ A. B. Neil

 

 

Albert Bruce Neil

 

Doe Run Peru S.R.L.

 

 


 

Basic Info X:

Name: Line of Credit Contract
Type: Line of Credit Contract
Date: March 21, 2006
Company: DOE RUN RESOURCES CORP
State: New York

Other info: