Common Contracts

New Second Lien Convertible Notes Indenture

Indenture • October 5th, 2015 • Nevada

• Contract Type
  Indenture
• Filed
  October 5th, 2015
• Jurisdiction
  Nevada

THIS INDENTURE AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBJECT TO THAT CERTAIN INTERCREDITOR AGREEMENT DATED AS OF [●], 2015 (AS AMENDED, RESTATED, AMENDED AND RESTATED, SUPPLEMENTED, MODIFIED, EXTENDED, RENEWED, REPLACED, REFINANCED OR RESTRUCTURED FROM TIME TO TIME) BY AND AMONG THE BANK OF NOVA SCOTIA BANK, AS FIRST LIEN COLLATERAL AGENT (AS DEFINED THEREIN), [●], AS SECOND LIEN COLLATERAL AGENT (AS DEFINED THEREIN), [ALLIED NEVADA GOLD CORP.], AND EACH OF THE OTHER GRANTORS (AS DEFINED THEREIN) FROM TIME TO TIME PARTY THERETO (AS IT MAY BE AMENDED, MODIFIED, SUPPLEMENTED, RESTATED, RENEWED, EXTENDED, AMENDED AND RESTATED, REPLACED, REFINANCED OR RESTRUCTURED FROM TIME TO TIME IN ACCORDANCE WITH ITS TERMS, THE “INTERCREDITOR AGREEMENT”), AND EACH PARTY TO OR HOLDER UNDER THIS INDENTURE, BY ITS ACCEPTANCE OF THIS INDENTURE OR ANY NOTES ISSUED HEREUNDER, IRREVOCABLY AGREES TO BE BOUND BY THE PROVISIONS OF THE INTERCREDITOR AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN TH