SUCCESSOR COMPANIES AND ADDITIONAL GUARANTORS. 12.1 Certain Requirements in Respect of Merger, Etc. 128 12.2 Vesting of Powers in Successor 130
SUCCESSOR COMPANIES AND ADDITIONAL GUARANTORS. 12.1 Certain Requirements in Respect of Merger, Etc. 125 12.2 Vesting of Powers in Successor 127 ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 Confirmation of Security 128 13.2 Severability, Etc. 128 13.3 Amendment, Supplement or Waiver 128 13.4 Governing Law 129 13.5 Conflicts 129 13.6 Judgment Currency 129 13.7 Liability of Lenders 130 13.8 Expenses and Indemnity 130 13.9 Taxes 131 13.10 Increased Costs, Etc. 133 13.11 Mitigation Obligations; Replacement of Lenders 134 13.12 FATCA 135 13.13 Anti-Money Laundering Legislation 135 13.14 Illegality 136 13.15 Notices 137 13.16 Time of the Essence 137 13.17 Term of Agreement 138 13.18 Counterparts and Facsimile 138 13.19 Waiver of Jury Trial, Consequential Damages, Etc. 138 13.20 Treatment of Certain Information: Confidentiality 139 13.21 Entire Agreement 140 Schedule A - Lenders' Applicable Percentages Schedule B - Form of Assignment and Assumption Agreement Schedule C - Compliance Certificate Schedule D - Peruvian Notes Schedule E - Peruvian Note Completion Agreement Schedule 3.1(b) - Agreement of New Obligor Schedule 6.5(a) - Notice of Advance, Payment, Rollover or Conversion Schedule 7.1(m) - Organizational Chart Schedule 7.1(n) - Restricted / Unrestricted Subsidiaries Schedule 7.1(p) - [REDACTED – COMMERCIALLY SENSITIVE INFORMATION] Schedule 7.1(t) - Owned and Leased Real Properties Schedule 7.1(aa) - [REDACTED – COMMERCIALLY SENSITIVE INFORMATION] Schedule 13.20(c) - Information That May Be Disclosed SECOND AMENDED AND RESTATED CREDIT AGREEMENT made with effect as of July 14, 2017. BETWEEN: HUDBAY PERU S.A.C. As Borrower - and - CERTAIN OF ITS AFFILIATES As Guarantors, Restricted Subsidiaries and/or Obligors - and - THE LENDERS FROM TIME TO TIME PARTY TO THIS AGREEMENT As Lenders - and - THE BANK OF NOVA SCOTIA In its capacity as Agent RECITALS:
SUCCESSOR COMPANIES AND ADDITIONAL GUARANTORS
