EIGHTH SUPPLEMENTAL INDENTURE
EXHIBIT
-4.13
EIGHTH SUPPLEMENTAL INDENTURE
EIGHTH SUPPLEMENTAL INDENTURE dated as of December 28, 2007 (this “Supplemental
Indenture”) among ArcelorMittal Financial Services LLC, a Delaware limited liability company
(the “Successor Issuer”), the Guarantors and LASALLE BANK NATIONAL ASSOCIATION, as Trustee
(the “Trustee”).
RECITALS
WHEREAS, Ispat Inland ULC, a Nova Scotia unlimited company (the “Issuer”), the
Guarantors and the Trustee have entered into an Indenture dated as of March 25, 2004, as
supplemented by the Supplemental Indentures dated as of September 16, 2004, March 14, 2005,
December 31, 2005, December 31, 2005, December 31, 2006, September 3, 2007 and November 13, 2007
(as so supplemented, the “Indenture”); and
WHEREAS, the Successor Issuer desires to assume the obligations of the Issuer under the
Indenture as the result of a Permitted Xxxxx Collapse Transaction as provided for in, and permitted
by, the Indenture.
NOW, THEREFORE, each party agrees as follows:
ARTICLE 1
ASSUMPTION OF INDENTURE OBLIGATIONS
The Successor Issuer, pursuant to paragraph (f) of the definition of “Permitted
Xxxxx Collapse Transaction” contained in, and clause (2) of Section 8.01 of,
the Indenture, hereby assumes all of the obligations of the Issuer under the Indenture, and the
term the “Issuer” as used in the Indenture shall, from and after the date hereof, mean and refer to
the Successor Issuer.
ARTICLE 2
MISCELLANEOUS
SECTION 2.1 This Supplemental Indenture is executed and shall be construed as an indenture
supplemental to the Indenture with respect to the Notes and, as provided in the Indenture, this
Supplemental Indenture forms a part thereof with respect to the Notes. Except as herein modified,
the Indenture is in all respects ratified and confirmed with respect to the Notes and all the
terms, provisions and conditions thereof shall be and remain in full force and effect with respect
to the Notes and every Holder of Notes shall be bound hereby. Except as expressly otherwise
defined, the use of the terms and expressions herein is in accordance with the definitions, uses
and constructions contained in the Indenture.
SECTION 2.2 If any provision of this Supplemental Indenture limits, qualifies or conflicts
with any other provision hereof or of the Indenture that is required to be included in the
Indenture by any of the provisions of the TIA, such required provision shall control.
SECTION 2.3 Unless otherwise indicated, capitalized terms used herein without definition
shall have the meanings specified therefor in Section 1.01 of the Indenture.
SECTION 2.4 If any provision of this Supplemental Indenture shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
SECTION 2.5 This Supplemental Indenture shall be construed in accordance with, and governed
by, the laws of the State of New York.
SECTION 2.6 This Supplemental Indenture may be executed in any number of counterparts, each
of which shall be an original but such counterparts shall together constitute but one and the same
instrument.
SECTION 2.7 This Supplemental Indenture shall become effective as of the date first above
written.
[Remainder of page intentionally left blank]
2
IN WITNESS WHEREOF, the parties have caused this Supplemental Indenture to be executed as of
the date first above written.
ARCELORMITTAL FINANCIAL SERVICES LLC, as Successor Issuer |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Manager | |||
ARCELORMITTAL S.A. (formerly, Mittal Steel Company N.V.), as Guarantor |
||||
By: | /s/ X. Xxxxxx | |||
Name: | X. Xxxxxx | |||
Title: | ||||
By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Group General Counsel | |||
ARCELORMITTAL USA INC. (formerly, Mittal Steel USA Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL PARTNERSHIP (formerly, Mittal Steel USA Partnership), as Guarantor |
||||
By: | Mittal Canada Inc., a partner |
By: | /s/ Xxxxxx D’Auteuil | |||
Name: | Xxxxxx D’Auteuil | |||
Title: | Treasurer | |||
S-1
3019693 NOVA SCOTIA U.L.C., as Guarantor |
||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | ||||
ARCELORMITTAL FINANCE LLC (formerly, Mittal Steel USA — Finance LLC), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Manager | |||
XXXXXXX TRUCKING COMPANY, INC., as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL USA INCOAL INC. (formerly, Incoal Company), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL MINORCA MINE INC. (formerly, Mittal Steel USA — Minorca Mine Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
S-2
ARCELORMITTAL SERVICE INC. (formerly, Mittal Steel USA Service Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL CLEVELAND INC. (formerly, ISG Cleveland Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL WEIRTON INC. (formerly, ISG Weirton Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL HENNEPIN INC. (formerly, ISG Hennepin Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL INDIANA HARBOR INC. (formerly, ISG Indiana Harbor Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL XXXXXX INC. (formerly, ISG Xxxxxx Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
X-0
XXXXXXXXXXXXX XXXXXXXXX INC. (formerly, ISG Riverdale Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
MITTAL STEEL USA — VENTURE INC. (formerly, ISG Venture Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL PLATE LLC (formerly, ISG Plate LLC), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ISG SPARROWS POINT LLC, as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL STEELTON LLC (formerly, ISG Steelton LLC), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
S-4
ARCELORMITTAL LACKAWANNA LLC (formerly, ISG Lackawanna LLC), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL XXXXX HARBOR LLC (formerly, ISG Xxxxx Harbor LLC), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL COLUMBUS LLC (formerly, ISG Columbus Coatings LLC), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL GEORGETOWN INC. (formerly, ISG Georgetown Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
MITTAL STEEL USA — RAILWAYS INC. (formerly, ISG Railways Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL HIBBING INC. (formerly, ISG Hibbing Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
S-5
HIBBING TACONITE HOLDING INC., as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ISG ACQUISITION INC., as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
ARCELORMITTAL REAL ESTATE INC. (formerly, ISG Real Estate Inc.), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | VP, Finance and Chief Accounting Officer | |||
ARCELORMITTAL TOW PATH VALLEY BUSINESS PARK DEVELOPMENT COMPANY (formerly, Tow Path Valley Business Park Development Company), as Guarantor |
||||
By: | /s/ Xxxxxx X. XxXxx | |||
Name: | Xxxxxx X. XxXxx | |||
Title: | Treasurer | |||
LASALLE BANK NATIONAL ASSOCIATION, as Trustee |
||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Name: | Xxxxx X. Xxxxxxx | |||
Title: | Assistant Vice President | |||
S-6