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SYT » Topics » THIS AMENDED AND RESTATED TRUST DEED

This excerpt taken from the SYT 20-F filed Feb 18, 2009.
THIS AMENDED AND RESTATED TRUST DEED is made on 30 September 2008.
 
BETWEEN
 
(1)
SYNGENTA FINANCE N.V., a public limited company registered with the trade register of the Chamber of Commerce for Noordwest-Holland under number 37131823 and having its corporate seat in Amsterdam and its registered office at Westeinde 62, 1601 BK Enkhuizen, The Netherlands ("Syngenta Netherlands");
 
(2)
SYNGENTA FINANCE AG, a stock corporation with limited liability registered with the commercial register of the City of Basel, Switzerland under number CH-270.3.013.761-2 and having its registered office in Schwarzwaldallee 215, 4058 Basel, Switzerland ("Syngenta Switzerland" and together with Syngenta Netherlands, the "Issuers" and each an "Issuer");
 
(3)
SYNGENTA AG, a public company incorporated in Switzerland with registered number CH-170.3.023.349-3, having its registered office at Schwarzwaldallee 215, 4058 Basel, Switzerland (the "Guarantor"); and
 
(4)
BNY CORPORATE TRUSTEE SERVICES LIMITED (formerly J.P. Morgan Corporate Trustee Services Limited) (the "Trustee", which expression includes, where the context admits, all persons for the time being the trustee or trustees of this Trust Deed).
 
WHEREAS
 
(A)
The Issuers and the Guarantor have authorised the establishment of a U.S.$3,000,000,000 Euro Medium Term Note Programme pursuant to which the Issuers may issue from time to time Notes as set out herein (the "Programme") and in connection with which Programme the Issuers entered into a trust deed dated 24 July 2007 (the "Existing Trust Deed").  Notes up to a maximum nominal amount from time to time outstanding of U.S.$3,000,000,000 (subject to increase as provided in the Dealer Agreement (as defined below)) (the "Programme Limit") may be issued pursuant to the said Programme.
 
(B)
The Guarantor has authorised the giving of its guarantee in relation to all Notes to be issued under the Programme.
 
(C)
The Trustee has agreed to act as trustee of this Trust Deed on the following terms and conditions.
 
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