INCORPORATION AGREEMENTIncorporation Agreement • May 15th, 2017 • Boart Longyear Australia Pty LTD
The undersigned incorporator wishes to form a company under the Business Corporations Act in accordance with the terms of this agreement.
BOART LONGYEAR MANAGEMENT PTY LIMITED, as Issuer, the Subsidiary Guarantors party hereto, and as Trustee and Collateral Agent FIRST SUPPLEMENTAL INDENTURE Dated as of [ ], 2017 FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • May 15th, 2017 • Boart Longyear Australia Pty LTD • New York
FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of [ ], 2017, among BOART LONGYEAR MANAGEMENT PTY LIMITED, a corporation incorporated under the laws of the Commonwealth of Australia (the “Issuer”), the Subsidiary Guarantors, BLY IP Inc.(the “New Subsidiary Guarantor”) and U.S. BANK NATIONAL ASSOCIATION, as trustee (the “Trustee”). Terms used herein which are defined in the Indenture (as hereinafter defined) shall have the respective meanings assigned to them in the Indenture.
