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Alto Palermo S.A. (APSA)

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<strong>Alto</strong> <strong>Palermo</strong> S.A. (<strong>APSA</strong>)<br />

Notes to the Consolidated Financial Statements (continued)<br />

(In Argentine Pesos, except as otherwise indicated)<br />

19. Differences between Argentine GAAP and US GAAP (continued)<br />

II. Additional disclosure requirements<br />

g) Risks and uncertainties<br />

The Company’s operations are subject to risks and uncertainties with respect to:<br />

Risks associated with Argentine operations. All Company’s operations and properties are located in Argentina. As a<br />

result, the Company financial condition and results of operations depend to a significant extent on macroeconomic and<br />

political conditions prevailing in Argentina.<br />

Shopping center operating risks: The development, administration and profitability of shopping centers are impacted<br />

by various factors including: the accessibility and the attractiveness of the area where the shopping center is located, the<br />

intrinsic attractiveness of the shopping center, the flow of people and the level of sales of each shopping center rental unit<br />

within the Company’s shopping centers, the amount of rent collected from each shopping center rental unit and the<br />

fluctuations in occupancy levels in the shopping centers. In the event that there is an increase in operational costs, caused by<br />

inflation or other factors, it could have a material adverse effect on the Company if its tenants are unable to pay their higher<br />

rent obligations due to the increase in expenses.<br />

Since May 28, 1997, Law No. 24,808 provides that tenants may rescind commercial lease agreements after the initial<br />

six months upon not less than sixty days written notice, subject to penalties of only one-and-a-half months rent if the tenant<br />

rescinds during the first year of the lease, and one-month rent if the tenant rescinds after the first year of the lease. The<br />

exercise of such rescission rights could materially and adversely affect the Company.<br />

Real estate market operating risks: The Company’s property is currently and will continue to be subject to risks<br />

incident to the ownership and operation of commercial real estate and residential development properties. The Company’s<br />

lease sales from its real estate operations may be adversely affected by (i) local or national economic conditions in the areas<br />

in which the properties are located; (ii) oversupply of retail space or a reduction in demand for retail space; (iii) increased<br />

competition from other real estate operators; (iv) changes in the ability of the Company or the tenants to provide for<br />

adequate maintenance and/or insurance; (v) increases in operating expenses; and/or (vi) adverse changes in the regional or<br />

national economy. Other risks include the inability to collect rent due to bankruptcy or insolvency of tenants or otherwise,<br />

the need to periodically renovate, repair and release space and the costs thereof and the ability of a tenant to provide<br />

adequate maintenance and insurance. In addition, the failure to sell the property to be constructed (General Paz Project,<br />

Caballito Project, Coto Residential Project and Rosario Project), could have a material adverse effect on the Company.<br />

An economic downturn in the areas in which the shopping centers are located might adversely affect the Company’s<br />

sales (through bankruptcy of tenants and reduction in the shopping center sales due to lower variable income). Increases in<br />

operating costs due to inflation and other factors may result in some tenants being unable or unwilling to pay rent or expense<br />

increases. In addition, the Company has several tenants occupying space in more than one shopping center and, as a result,<br />

if any of such tenants should experience financial difficulties and cease paying rent, the Company’s operating results could<br />

be adversely affected. Furthermore, as leases on properties expire, the Company may be unable to find new tenants or<br />

tenants may enter into new leases on terms that are less favorable to the Company. The failure to lease such properties<br />

could have a material adverse effect on the Company.<br />

Credit card operating risks: Credit card operations are subject to federal legislation and regulation. From time to<br />

time, such legislation, as well as competitive conditions, may affect, among other things, credit card finance charges. While<br />

the Company cannot predict the effect of future competitive conditions and legislation or the measures the Company might<br />

take in response thereto, a significant reduction in the finance charges imposed by Tarshop would have an adverse effect on<br />

the Company. In addition, changes in general Argentine economic conditions, including, but not limited to, higher interest<br />

rates and increases in delinquencies, charge-offs and personal bankruptcies could have an adverse effect on the Company.<br />

F-68

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