KIMBER RESOURCES INC. as Issuer, as U.S. Trustee and as Canadian Trustee INDENTURE Dated as of ,Kimber Resources Inc. • February 28th, 2013 • Mining & quarrying of nonmetallic minerals (no fuels) • New York
Company FiledFebruary 28th, 2013 Industry JurisdictionINDENTURE, dated as of ____________________, between KIMBER RESOURCES INC., a corporation duly continued and existing under the laws of British Columbia (herein called the “Company”), having its principal office at Suite 215, 800 West Pender Street, Vancouver, British Columbia V6C 2V6 and [_______________], a trust company, organized under the laws of the United States, as U.S. trustee (herein called the “U.S. Trustee”), and [_______________], a trust company duly organized and existing under the laws of Canada, as Canadian trustee (the “Canadian Trustee” and, together with the U.S. Trustee, the “Trustees”).