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EXHIBIT 4.13
SECOND SUPPLEMENTAL INDENTURE
THIS SECOND SUPPLEMENTAL INDENTURE, dated as of June 19, 1998, is executed
by METAL MANAGEMENT GULF COAST, INC., a Delaware corporation ("Metal Management
Gulf Coast"), 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, Metal
Management Gulf Coast executes this Second Supplemental Indenture to a become
Guarantor of the Company's Notes. Metal Management Gulf Coast has, by Board
Resolution, authorized this Second Supplemental Indenture. The Trustee has
determined that this Second 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 Second Supplemental Indenture, as follows:
Section 1. Guarantee on the Notes.
Metal Management Gulf Coast hereby subjects itself to the provisions of
the Indenture as a Guarantor in accordance with Article 11 of the Indenture.
Section 2. Counterparts
This Second 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.
METAL MANAGEMENT GULF COAST, INC.
By: /s/ Xxxxx X. Xxxxxxxxx
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Xxxxx X. Xxxxxxxxx
Vice President
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