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EXHIBIT 4.14
THIRD SUPPLEMENTAL INDENTURE
THIS THIRD SUPPLEMENTAL INDENTURE, dated as of June 24, 1998, is executed
by XXXXXX RECYCLING WEST, INC., a Colorado corporation ("Xxxxxx Xxxx") and
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, Xxxxxx Xxxx
executes this Third Supplemental Indenture to a become Guarantor of the
Company's Notes. Xxxxxx Xxxx, has by Board Resolution, authorized this Third
Supplemental Indenture. The Trustee has determined that this Third
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 Third Supplemental Indenture, as follows:
Section 1. Guarantee on the Notes.
Xxxxxx Xxxx hereby subjects itself to the provisions of the Indenture as a
Guarantor in accordance with Article 11 of the Indenture.
Section 2. Counterparts
This Third 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 Supplemental
Indenture to be duly executed by its respective officers as of the day and year
first above written.
XXXXXX RECYCLING WEST, INC.
By: /s/ Xxxxx X. Xxxxxxxxx
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Xxxxx X. Xxxxxxxxx
Vice President
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