GRAÑA Y MONTERO S.A.A. [ ] American Depositary Shares Representing [ ] Common Shares UNDERWRITING AGREEMENTUnderwriting Agreement • June 18th, 2013 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
ContractCredit Agreement • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
FOURTH AMENDMENT TO CREDIT AGREEMENT, dated as of February 29, 2016 (this “Amendment”), among GRAÑA Y MONTERO S.A.A., as borrower (the “Borrower”) under the Credit Agreement, dated as of December 10, 2015 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders and the Administrative Agent (each as defined below); the LENDERS party to the Credit Agreement (collectively, the “Lenders”) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent under the Credit Agreement (in such capacity, the “Administrative Agent”).
CREDIT AGREEMENT Dated as of February 27, 2013 Among GRAÑA Y MONTERO S.A.A., as Borrower, THE INITIAL LENDERS NAMED HEREIN, as Initial Lenders, BBVA BANCOMER S.A., INSTITUCIÓN DE BANCA MULTIPLE, GRUPO FINANCIERO BBVA BANCOMER, as Administrative Agent,...Credit Agreement • May 8th, 2013 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
Graña y Montero S.A.A., a sociedad anónima abierta organized under the laws of Perú (the “Borrower”), the banks, financial institutions and other institutional lenders (the “Initial Lenders”) listed on the signature pages hereof, BBVA Continental (“BBVA Continental”), as collateral agent for the Secured Parties (as hereinafter defined) (together with any successor collateral agent appointed pursuant to Article VII, the “Collateral Agent”), and BBVA Bancomer S.A., Institución de Banca Multiple, Grupo Financiero BBVA Bancomer (“BBVA Bancomer”), as administrative agent (together with any successor administrative agent appointed pursuant to Article VII, the “Administrative Agent”, and, together with the Collateral Agent, the “Agents”) for the Lenders (as hereinafter defined), agree as follows:
To the Notary:Grana & Montero S.A.A. • May 16th, 2018 • Heavy construction other than bldg const - contractors
Please file in your Registry of Public Deeds one evidencing the modification to the Second Addendum to the Subordination of Rights and Conditional Assignment Agreement (“Modification to the Second Addendum and Assignment Agreement”) entered into by and between:
ContractCredit Agreement • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
EIGHTH AMENDMENT TO CREDIT AGREEMENT, dated as of June 27, 2017 (this “Amendment”), among GRAÑA Y MONTERO S.A.A., as borrower (the “Borrower”) under the Credit Agreement, dated as of December 10, 2015 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the lenders party thereto (the “Lenders”) and the Administrative Agent (as defined below); the Lenders and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent under the Credit Agreement (in such capacity, the “Administrative Agent”).
To the Notary:Grana & Montero S.A.A. • May 16th, 2018 • Heavy construction other than bldg const - contractors
Please file in your Registry of Public Deeds one evidencing the Second Addendum to the Subordination of Rights and Conditional Assignment Agreement (the “Second Addendum and Assignment Agreement”) entered into by and between:
LOAN AGREEMENT between GRAÑA Y MONTERO S.A.A., as Borrower, and CS PERU INFRASTRUCTURE HOLDINGS LLC, as Initial Lender, Dated as of July 31, 2019Assignment and Assumption Agreement • June 15th, 2020 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
LOAN AGREEMENT, dated as of July 31, 2019 (this “Agreement”), by and between GRAÑA Y MONTERO S.A.A., a Peruvian sociedad anónima abierta (the “Borrower”) and CS Peru Infrastructure Holdings LLC, a Delaware limited liability company, as Initial Lender (the “Initial Lender”), and any other financial institutions party hereto from time to time as Lenders (as defined herein), in each case, for so long as each of the Initial Lender or such financial institution, as applicable, is a Lender hereunder. All capitalized terms used herein and defined in Section 1.01 are used herein as therein defined.
ContractSixth Waiver And • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
SIXTH WAIVER AND AMENDMENT TO CREDIT AGREEMENT, dated as of September 15 2016 (this “Amendment”), among GRAÑA Y MONTERO S.A.A., as borrower (the “Borrower”) under the Credit Agreement, dated as of December 10, 2015 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders and the Administrative Agent (each as defined below); the LENDERS party to the Credit Agreement (collectively, the “Lenders”) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent under the Credit Agreement (in such capacity, the “Administrative Agent”).
AMENDMENT, WAIVER AND CONSENT TO THE LOAN AGREEMENTThe Loan Agreement • June 15th, 2020 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors
AMENDMENT, WAIVER AND CONSENT, dated as of February 28, 2020 (the “Amendment, Waiver and Consent”), between GRAÑA Y MONTERO S.A.A., as borrower (the “Borrower”) and CS PERU INFRASTRUCTURE HOLDINGS LLC, as initial lender (the “Initial Lender”) to that certain Loan Agreement, dated as of July 31, 2019 (the “Loan Agreement”), between the Borrower and the Initial Lender. Capitalized terms used herein but not otherwise defined herein shall have the respective meanings given to such terms in the Loan Agreement.
ADDENDUM TO THE RIGHTS SUBORDINATION AGREEMENTRights Subordination Agreement • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors
• ODEBRECHT LATINVEST PERU DUCTOS, S.A., a corporation duly organized and validly existing under the laws of Peru, identified by Taxpayer ID Number (RUC) 20513396571, with principal place of business for the purposes hereof at Av. Víctor Andrés Belaunde 280, Oficina 501, district of San Isidro, province and department of Lima, acting by and through Jorge Henrique SIMOES BARATA, holder of Foreign Resident Card (CE) 000317457, and Diana Elizabeth ORTIZ MENDOZA, holder of National Identity Card (DNI) 03658529, as per powers of attorney recorded on Electronic Entry 11893941 of the Registry of Companies of the Lima and Callao Registration Office (“OLPD”);
ContractCredit Agreement • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
SECOND AMENDMENT TO CREDIT AGREEMENT, dated as of February 1, 2016 (this “Amendment”), among GRAÑA Y MONTERO S.A.A., as borrower (the “Borrower”) under the Credit Agreement, dated as of December 10, 2015 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders and the Administrative Agent (each as defined below); the LENDERS party to the Credit Agreement (collectively, the “Lenders”) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent under the Credit Agreement (in such capacity, the “Administrative Agent”).
RIGHTS SUBORDINATION AGREEMENTRights Subordination Agreement • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • Lima
• ODEBRECHT LATINVEST PERU DUCTOS, S.A., a corporation duly organized and validly existing under the laws of Peru, identified by Taxpayer ID Number (RUC) 20513396571, with principal place of business for the purposes hereof at Av. Víctor Andrés Belaunde 280, Oficina 501, San Isidro, acting by and through Jorge Henrique SIMOES BARATA, holder of Foreign Resident Card (CE) 000317457, and Nelson VIEIRA DE BULHOES, holder of Foreign Resident Card (CE) 000367276, as per powers of attorney recorded on Entry 11893941 of the Registry of Companies in and for Lima and Callao (“OLPD”);
ContractCredit Agreement • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
SEVENTH AMENDMENT TO CREDIT AGREEMENT, dated as of December 16, 2016 (this “Amendment”), among GRAÑA Y MONTERO S.A.A., as borrower (the “Borrower”) under the Credit Agreement, dated as of December 10, 2015 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders and the Administrative Agent (each as defined below); the LENDERS party to the Credit Agreement (collectively, the “Lenders”) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent under the Credit Agreement (in such capacity, the “Administrative Agent”).
U.S.$200,000,000 CREDIT AGREEMENT dated as of December 10, 2015 among GRAÑA Y MONTERO S.A.A., as Borrower the LENDERS referred to herein and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent CREDIT SUISSE SECURITIES (USA) LLC as Lead...Credit Agreement • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
CREDIT AGREEMENT, dated as of December 10, 2015 (the “Agreement”) among GRAÑA Y MONTERO S.A.A., a sociedad anónima abierta incorporated and existing under the laws of Peru (as defined below) (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”).
ContractCredit Agreement • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
NINTH AMENDMENT TO CREDIT AGREEMENT, dated as of October 12, 2017 (this “Amendment”), among GRAÑA Y MONTERO S.A.A., as borrower (the “Borrower”) under the Credit Agreement, dated as of December 10, 2015 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders and the Administrative Agent (each as defined below); the LENDERS party to the Credit Agreement (collectively, the “Lenders”) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent under the Credit Agreement (in such capacity, the “Administrative Agent”).
U.S.$ 120,000,000 LOAN AGREEMENT dated as of March 17, 2022 by and among AENZA S.A.A. as Borrower, BANCO BTG PACTUAL S.A. – CAYMAN BRANCH, BANCO SANTANDER PERÚ S.A., HSBC MÉXICO, S.A., INSTITUCIÓN DE BANCA MÚLTIPLE, GRUPO FINANCIERO HSBC, and NATIXIS,...Loan Agreement • May 16th, 2023 • Aenza S.A.A. • Heavy construction other than bldg const - contractors • New York
This LOAN AGREEMENT, dated as of March 17, 2022 (this “Agreement”), by and among AENZA S.A.A., a sociedad anónima abierta organized under the laws of Peru (the “Borrower”); each of the lenders identified under the caption “Lenders” in Schedule 1.01(a) or which, pursuant to Section 5.08 (Replacement Lenders) or Section 11.08 (Assignments and Participations), shall become a Lender hereunder (individually, a “Lender” and, collectively, the “Lenders”); BANCO DE CRÉDITO DEL PERÚ S.A., as administrative agent (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent”); and collateral agent (in such capacity, together with its successors and assigns in such capacity, the “Collateral Agent”, and together with the Administrative Agent, the “Agents” and each, individually, an “Agent”).
ContractCredit Agreement • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
FIRST AMENDMENT TO CREDIT AGREEMENT, dated as of December 22, 2015 (this “Amendment”), among GRAÑA Y MONTERO S.A.A., as borrower (the “Borrower”) under the Credit Agreement, dated as of December 10, 2015 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Lenders and the Administrative Agent (each as defined below); the LENDERS party to the Credit Agreement (collectively, the “Lenders”) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent under the Credit Agreement (in such capacity, the “Administrative Agent”).
ContractGSP Concession Agreement • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors
Below please find Section 20 of the GSP Concession Agreement, dated as of July 22, 2014, by and between the Peruvian Ministry of Energy and Mines, as contracting authority, and Enagas Internacional S.L.U., as concessionaire, to build, operate and maintain a natural gas pipeline transportation system to satisfy the demand of certain cities in the southern region of Peru. This agreement was terminated by the Peruvian government on January 24, 2017 due to failure to obtain financing. Section 20 of the contract, which is the section relating to termination and termination compensation, remains material to the company and is therefore translated here.
LOAN AGREEMENT dated as of June 27, 2017 AMONG GRAÑA Y MONTERO S.A.A., as the Borrower, THE LENDERS PARTY HERETO, as Lenders and Mandated Lead Arrangers AND NATIXIS, NEW YORK BRANCH, as the Administrative AgentLoan Agreement • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
THIS LOAN AGREEMENT (this “Agreement”) dated as of June 27, 2017 (the “Effective Date”) is among GRAÑA Y MONTERO S.A.A., a sociedad anónima abierta organized and existing under the laws of Peru (the “Borrower”), the banks and other financial institutions listed on the signature pages hereof under the caption “Lenders” (together with each other Person that becomes a Lender pursuant to Section 9.05 or otherwise in accordance with the provisions of this Agreement, collectively, the “Lenders”), and NATIXIS, NEW YORK BRANCH, individually as a Lender, and as the administrative agent for the Lenders (in such latter capacity together with any other Person that becomes Administrative Agent pursuant to Section 8.08, the “Administrative Agent”).
MEMORANDUM OF UNDERSTANDINGMemorandum of Understanding • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors
This Memorandum of Understanding (the “MOU”) is made and entered into by and between the parties detailed in the final section of this MOU. Either party may be hereinafter referred to individually as the “Party” and jointly as the “Parties”.
ContractCredit Agreement • May 16th, 2018 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
FIFTH AMENDMENT TO CREDIT AGREEMENT, dated as of April 15, 2016 (this “Amendment”), among GRAÑA Y MONTERO S.A.A., as borrower (the “Borrower”) under the Credit Agreement, dated as of December 10, 2015 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrower, the Required Lenders party hereto and the Administrative Agent (each as defined below); the LENDERS party to the Credit Agreement (collectively, the “Lenders”) and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent under the Credit Agreement (in such capacity, the “Administrative Agent”).
CREDIT AGREEMENT Dated as of February 27, 2013 Among GRAÑA Y MONTERO S.A.A., as Borrower, THE INITIAL LENDERS NAMED HEREIN, as Initial Lenders, BBVA BANCOMER S.A., INSTITUCIÓN DE BANCA MULTIPLE, GRUPO FINANCIERO BBVA BANCOMER, as Administrative Agent,...Credit Agreement • June 18th, 2013 • Grana & Montero S.A.A. • Heavy construction other than bldg const - contractors • New York
Graña y Montero S.A.A., a sociedad anónima abierta organized under the laws of Perú (the “Borrower”), the banks, financial institutions and other institutional lenders (the “Initial Lenders”) listed on the signature pages hereof, BBVA Continental (“BBVA Continental”), as collateral agent for the Secured Parties (as hereinafter defined) (together with any successor collateral agent appointed pursuant to Article VII, the “Collateral Agent”), and BBVA Bancomer S.A., Institución de Banca Multiple, Grupo Financiero BBVA Bancomer (“BBVA Bancomer”), as administrative agent (together with any successor administrative agent appointed pursuant to Article VII, the “Administrative Agent”, and, together with the Collateral Agent, the “Agents”) for the Lenders (as hereinafter defined), agree as follows:
ContractGrana & Montero S.A.A. • May 16th, 2018 • Heavy construction other than bldg const - contractors • New York
WAIVER AND AMENDMENT, dated as of March 26, 2018, among GRAÑA Y MONTERO S.A.A., as borrower (the “Borrower”) under the Loan Agreement, dated as of June 27, 2017 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), among the Borrower, the lenders party thereto (the “Lenders”) and NATIXIS, NEW YORK BRANCH, as administrative agent under the Loan Agreement (in such capacity, the “Administrative Agent”); the Required Lenders; and the Administrative Agent (this “Agreement”).
