0000950123-10-062873 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 30th, 2010 • James Hardie Industries Se • Concrete products, except block & brick • New York

DEPOSIT AGREEMENT dated as of September 24, 2001, as amended and restated as of February 19, 2010, as further amended and restated as of June 17, 2010, 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 Republic of Ireland and with its corporate seat in Dublin, Republic of Ireland (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
Parent Guarantee • June 30th, 2010 • James Hardie Industries Se • Concrete products, except block & brick
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