NEWMONT MINING CORPORATION, NEWMONT USA LIMITED (AS THE SUBSIDIARY GUARANTOR), AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE ___% Convertible Senior Notes due 2012 INDENTURE Dated as of February ___, 2009Indenture • January 28th, 2009 • Newmont Mining Corp /De/ • Gold and silver ores • New York
Contract Type FiledJanuary 28th, 2009 Company Industry JurisdictionINDENTURE, dated as of February ___, 2009, among NEWMONT MINING CORPORATION, a Delaware corporation (the “Company”), NEWMONT USA LIMITED, a Delaware corporation, as Subsidiary Guarantor (the “Subsidiary Guarantor”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee (the “Trustee”).