0000831259-07-000103 Sample Contracts

EXECUTION VERSION
Credit Agreement • July 11th, 2007 • Freeport McMoran Copper & Gold Inc • Metal mining • New York

AMENDMENT AGREEMENT dated as of July 3, 2007 (this “Amendment Agreement”), in respect of the CREDIT AGREEMENT (the “Parent Credit Agreement”) dated as of March 19, 2007, among FREEPORT-MCMORAN COPPER & GOLD INC., a Delaware corporation (the “Borrower”), the Lenders party thereto, the Issuing Banks party thereto, and JPMORGAN CHASE BANK, N.A. (“JPMCB”), as Administrative Agent and as Collateral Agent, and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Syndication Agent.

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EXECUTION VERSION
Credit Agreement • July 11th, 2007 • Freeport McMoran Copper & Gold Inc • Metal mining • New York

AMENDMENT AGREEMENT dated as of July 3, 2007 (this “Amendment Agreement”), in respect of the AMENDED AND RESTATED CREDIT AGREEMENT dated as of March 19, 2007 (the “Restated Credit Agreement”), which amended and restated the AMENDED AND RESTATED CREDIT AGREEMENT dated as of July 25, 2006, which amended and restated the AMENDED AND RESTATED CREDIT AGREEMENT dated as of September 30, 2003, which amended and restated the AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 19, 2001, which amended and restated both the CREDIT AGREEMENT originally dated as of October 27, 1989 and amended and restated as of June 1, 1993 and the CREDIT AGREEMENT originally dated as of June 30, 1995, among FREEPORT-MCMORAN COPPER & GOLD INC., a Delaware corporation, PT FREEPORT INDONESIA, a limited liability company organized under the laws of the Republic of Indonesia and domesticated under the laws of Delaware as a corporation, U.S. BANK NATIONAL ASSOCIATION, a national banking association (for purposes

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