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EXHIBIT 4.17
SIXTH SUPPLEMENTAL INDENTURE
THIS SIXTH SUPPLEMENTAL INDENTURE, dated as of July 7, 1998, is
executed by Xxxxxxxxx Acquisition Corp, a Delaware corporation ("Xxxxxxxxx") and
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, Xxxxxxxxx hereby
executes this Sixth Supplemental Indenture to a become Guarantor of the
Company's Notes. Xxxxxxxxx has by Board Resolution, authorized this Sixth
Supplemental Indenture. The Trustee has determined that this Sixth 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 Sixth Supplemental Indenture, as follows:
Section 1. Guarantee on the Notes.
Xxxxxxxxx hereby subjects itself to the provisions of the Indenture as
a Guarantor in accordance with Article 11 of the Indenture.
Section 2. Counterparts
This Sixth 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.
XXXXXXXXX ACQUISITION CORP.
By: Xxxxx X. Xxxxxxxxx
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Xxxxx X. Xxxxxxxxx
Vice President
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