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EXHIBIT 4.3
EIGHTH SUPPLEMENTAL INDENTURE
THIS EIGHTH SUPPLEMENTAL INDENTURE, dated as of November 3, 1998, is
executed by FPX, INC., a Tennessee corporation ("FPX"), a wholly-owned
subsidiary of METAL MANAGEMENT, INC., a Delaware corporation (the "Company"),
for the sole purpose of granting a guarantee under the Indenture (as amended
from time to time, the "Indenture"), dated as of May 13, 1998, with respect to
the Company's 10% Senior Subordinated Notes due 2008 (the "Notes"), entered into
among the Company, the Guarantors (as defined therein) and LASALLE NATIONAL
BANK, as trustee (the "Trustee").
PRELIMINARY STATEMENT
The Company, the Guarantors and the Trustee have entered into the
Indenture. Capitalized terms used herein, not otherwise defined herein, shall
have the meanings given them in the Indenture.
Section 4.18 of the Indenture expressly provides that any Restricted
Subsidiary (i) that has assets or revenues in any fiscal year in excess of
$200,000 or (ii) that is not a Guarantor and is a borrower under the Senior
Credit Facility shall execute a supplemental indenture to become a Guarantor of
the Company's Notes. Pursuant to Section 4.18 of the Indenture, FPX executes
this Eighth Supplemental Indenture to a become Guarantor of the Company's Notes.
FPX has, by Board Resolution, authorized this Eighth Supplemental Indenture. The
Trustee has determined that this Eighth Supplemental Indenture is in form
satisfactory to it.
NOW, THEREFORE, it is mutually covenanted and agreed, for the equal and
proportionate benefit of all Holders of the Notes issued under the Indenture
from and after the date of this Eighth Supplemental Indenture, as follows:
Section 1. Guarantee on the Notes.
FPX hereby subjects itself to the provisions of the Indenture as a
Guarantor in accordance with Article 11 of the Indenture.
Section 2. Counterparts
This Eighth Supplemental Indenture may be executed in several
counterparts, all of which together shall constitute one agreement binding on
all parties, notwithstanding that all parties have not signed the same
counterpart.
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IN WITNESS WHEREOF, the undersigned have caused this Eighth
Supplemental Indenture to be duly executed by its respective officers as of the
day and year first above written.
FPX, INC.
By: /s/ Xxxxx X. Xxxxxxxxx
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Name: Xxxxx X. Xxxxxxxxx
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Its: Vice President
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