COOPERATION AGREEMENTCooperation Agreement • July 6th, 2006 • Falconbridge LTD • Primary smelting & refining of nonferrous metals • New York
This COOPERATION AGREEMENT is made and entered into as of June 25, 2006, between Phelps Dodge Corporation, a New York corporation (“Phelps Dodge”), and Falconbridge Limited, a corporation organized and existing under the laws of the Province of Ontario (“Falconbridge”).
FIFTH AMENDING AGREEMENTFifth Amending Agreement • July 6th, 2006 • Falconbridge LTD • Primary smelting & refining of nonferrous metals
WHEREAS the Offeror mailed the Offer dated October 24, 2005 to purchase all outstanding Common Shares of the Company in accordance with Section 1.1(b) of the Support Agreement dated October 10, 2005 entered into between the Offeror and the Company, as amended by Amending Agreement dated January 12, 2006, Second Amending Agreement dated February 20, 2006, Third Amending Agreement dated March 21, 2006 and Fourth Amending Agreement dated May 13, 2006 (as amended from time to time, the “Support Agreement”);
