Currency Swap Agreement - Vetrargarourinn ehf. and Islandsbanki-FBA hf.
CURRENCY SWAP AGREEMENT Contract Identification: 0500/GMVT/02031201 ----------------------- Contracting parties: Vetrargarourinn ehf., State Reg. No. 581201-2490, Sturlugata 8, 101 Reykjavik, hereinafter referred to as the Customer, and Islandsbanki-FBA hf., State Reg. No. 550500-3530, Kirkjusandur 2, 155 Reykjavik, hereinafter referred to as the Bank. Contract Date: 13 March 2002 First interest day: 15 March 2002 Final date: 1 March 2007 Customer commitment: Principal: <TABLE> <CAPTION> ---------------------------------------------------------- Initial conversion Initial ISK Currency Foreign amount value Equivalent ---------------------------------------------------------- <S> <C> <C> <C> USD 7,251,415.52 100.67 730,000,000.00 ---------------------------------------------------------- Total ISK 730,000,000.00 ---------------------------------------------------------- </TABLE> Interest term 12 months at a time. First due date of interest 1 March 2003 Instalments The principal recorded above shall be paid with a single payment at the end of the contract term. Rate of interest LIBOR-BBA/12M in accordance with the below +6.0% margin annually. Initial rate of interest <TABLE> <CAPTION> --------------------------------------------------- Currency Base interest Total rate (%) Margin (%) interest (%) --------------------------------------------------- <S> <C> <C> <C> USD 6.0 --------------------------------------------------- </TABLE> The interest determination will be 13 March 2002 Banking day rule The following banking day. Day rule A/360 and 30/360 for ISK. Payment terms The Bank shall withdraw from the account of the Customer on the due dates as follows: <TABLE> <CAPTION> ----------------------------- Currency Account Number ----------------------------- <S> <C> USD xxx-38-xxxxxx ----------------------------- </TABLE> Bank's commitment Principal ISK 730,000,000.- Indexation The principal is linked to the consumer price index. Base index 221.3 Interest term 12 months at a time. First due date of interest 1 March 2003 <PAGE> Instalments The principal recorded above shall be paid with a single payment at the end of the contract term. Rate of interest The fixed interest rate is 12.0% per year. Banking day rule The following banking day. Day rule 30/360 Payment terms The Bank shall deposit on the Customer's bank account No. xxx-xx-xxxxxx on the due dates. General terms: In the event that the losses of the Customer as a result of the Contract exceed 50% of the market value of the collateral placed as security for the trading, ISFBA my require the customer to provide security/additional security, which ISFBA considers adequate, within 3-7 days. The same applies even if there is no loss on the Contract if the market value of the collateral falls. Requirements for collateral will be given by telephone, e-mail or fax. Notification shall be regarded as sent to the correct address if it has been sent to the e-mail address / fax number supplied by the Customer. A notice given over the telephone is regarded as being immediately notified to the Customer. In the event that the Customer does not provide security/additional security within the time limit set, ISFBA may, without any obligation to do so, call in or terminate the Contract without notice. In addition to the provisions of this Contract, the General Terms for the Market Transactions of Islandsbanki-FBA and the General Terms on Interest and Currency Swaps published by the Icelandic Bankers' Association and the Icelandic Savings Banks' Association in February 1998 (1 Edition) shall apply. The Customer has acquainted himself with these terms. In the event of any conflict between this Contract and the General Terms, the provisions of this Contract shall apply. The customer may close the contract at any time at the market price as determined by Islandsbanki. Signature: In witness hereof, the parties have signed this Contract in two identical copies, one copy to be retained by each party. By his signature the Customer authorises the above account transfers. The Customer furthermore confirms by his signature that he has acquainted himself with the nature of currency and interest swap contracts and that he has had the benefit of advice from an expert outside the Bank before he signed the Contract. Reykjavik, 13 March 2002 Islandsbanki-FBA hf. Vetrargarourinn ehf. /s/ Guomundur p Guomundsson /s/ Tomas Sigurdsson --------------------------- -------------------- Guomundur p Guomundsson Tomas Sigurdsson /s/ Loa K. Sveinbjornsdottir ---------------------------- Loa K. Sveinbjornsdottir