OF SEPTEMBER 25, 2002.
IF THAT
IS THE CASE, THE FINAL MATURITY DATE SHALL BE EXTENDED UNTIL SEPTEMBER 23, 2005.
Exceptionally, in case of non-compliance with item (iv) of Subclause 11.25 of
this Credit Line Agreement for any cause imputable solely to the Banks, the 60
days term referred in the precedent paragraph, will be extended exceptionally
until the reception by the Banks of the legal opinion of the Banks' counsels
required in said item (iv) of Subclause 11.25 hereof.
Only if the legal opinion
is satisfactory to the Banks, the maximum term for the use of the Credit Line
shall be three (3) years counted as of September 25, 2002, as established in the
precedent paragraph.
If that is the case, the Final Maturity Date shall be
extended until September 23, 2005.
In addition, upon the maturity of the first year and of each one of the years
following the term for the use of the Credit Line, the Final Maturity Date can
be extended for additional periods, provided there exists unanimous approval by
all of the Eligible Banks and that said extension is requested by DRP.
13
3.7
DRP HEREBY BINDS ITSELF TO USE THE FUNDS FROM THE FIRST
DISBURSEMENT MADE PURSUANT TO THE TERMS OF THIS CREDIT LINE AGREEMENT TO REPAY
THE TOTAL AMOUNT THAT DRP MAY OWE BANCO DE CREDITO, BY VIRTUE OF THE FOREIGN
CURRENCY CREDIT LINE AGREEMENT MATTER OF PUBLIC DEED DATED JUNE 18, 1998.
3.8
DRP MAY REQUEST AT ANY TIME THE REDUCTION OF THE MAXIMUM AMOUNT OF
THE CREDIT LINE MENTIONED IN THE PRECEDING SUBCLAUSE 3.2.
ONCE THE MAXIMUM
AMOUNT OF THE CREDIT LINE IS REDUCED, IT CANNOT BE INCREASED BACK TO THE
ORIGINAL MAXIMUM AMOUNT WITHOUT PRIOR UNANIMOUS APPROVAL BY THE ELIGIBLE BANKS.
3.9
WITHOUT PREJUDICE TO THE PROVISIONS SET FORTH IN CLAUSE TWELVE AND
THIRTEEN, DRP HEREBY BINDS ITSELF TO REPAY THE AGENT IN FULL, ALL LOANS AND/OR
CREDITS THAT REMAIN IN FORCE BY VIRTUE OF THIS CREDIT LINE AS AT THE FINAL
MATURITY DATE.
3.10
BANKS, THE AGENT AND DRP HEREBY AGREE THAT THIS CREDIT LINE
AGREEMENT SHALL GO INTO EFFECT ON SEPTEMBER 25, 2002, DATE WHEN THE FIRST
DISBURSEMENT WILL BE MADE.
AS OF THAT MOMENT, THE CREDIT LINE CONTRACT DATED
JUNE 1998 REFERRED TO IN SUBCLAUSE 2.2 OF CLAUSE TWO HEREOF SHALL AUTOMATICALLY
EXPIRE.
CLAUSE FOUR:
TERMS AND CONDITIONS OF
THE REVOLVING CREDIT LINE REFERRED TO IN CLAUSE THREE, SUBCLAUSE 3.2.1 HEREOF
4.1
COMMITMENTS:
AS OF THE DATE ON WHICH THE PRECEDENT CONDITIONS TO
MAKE THE FIRST DISBURSEMENT ARE COMPLIED WITH IN ACCORDANCE WITH THIS CREDIT
LINE AGREEMENT AND UP TO BUT EXCLUDING THE FINAL MATURITY DATE, EACH ONE OF THE
BANKS THAT HAS ASSUMED A COMMITMENT HEREBY IRREVOCABLY BINDS ITSELF TO MAKE ONE
OR SEVERAL DISBURSEMENTS FOR A TOTAL AGGREGATE PRINCIPAL AMOUNT EQUIVALENT TO
ITS RESPECTIVE COMMITMENT.
EACH BANK'S OBLIGATION TO MAKE A DISBURSEMENT IS
SUBJECT, IN EACH CASE, TO THE FULFILMENT OF EACH ONE OF THE PRECEDENT CONDITIONS
TO MAKE THE DISBURSEMENTS.
4.2
AMOUNT: