0000950123-09-016384 Sample Contracts

JAMES HARDIE INDUSTRIES SE (formerly known as JAMES HARDIE INDUSTRIES N.V.) AND THE BANK OF NEW YORK MELLON As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Deposit Agreement Dated as of September 24, 2001 Amended and Restated as of...
Deposit Agreement • June 23rd, 2009 • James Hardie Industries N.V. • Concrete products, except block & brick • New York

DEPOSIT AGREEMENT dated as of September 24, 2001, as amended and restated as of , 2009, and effective as of the Effective Date (as hereinafter defined), among JAMES HARDIE INDUSTRIES SE (formerly known as JAMES HARDIE INDUSTRIES N.V.), incorporated under the laws of The Netherlands and with its corporate seat in Amsterdam, The Netherlands (herein called the Issuer), THE BANK OF NEW YORK MELLON, a New York banking corporation (herein called the Depositary), and all Owners and holders from time to time of American Depositary Shares issued hereunder.

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Amending Agreement — Parent Guarantee
James Hardie Industries N.V. • June 23rd, 2009 • Concrete products, except block & brick

Asbestos Injuries Compensation Fund Limited in its capacity as trustee for the Charitable Fund (“AICF”) The State of New South Wales (“NSW Government”) James Hardie Industries N.V. (“JHINV”)

Lease Welshpool Landowner Pty Ltd (“Lessor”) and James Hardie Australia Pty Limited (“Lessee”)
James Hardie Industries N.V. • June 23rd, 2009 • Concrete products, except block & brick

Address means the address specified in Item 8 of the Schedule or any other address which the Lessor by notice to the Lessee nominates;

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