INCO LIMITED Reconciliation and tie between Trust Indenture Act of 1939 and Indenture, dated as of June 29, 1989Indenture • September 18th, 2003 • Inco LTD • Primary smelting & refining of nonferrous metals • New York
TOIndenture • October 2nd, 2003 • Royal Bank of Canada \ • Commercial banks, nec • Ontario
SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 --------------------- FORM T-1 STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 OF A CORPORATION DESIGNATED TO ACT AS TRUSTEE CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF A...Methanex Corp • May 31st, 2002 • Industrial organic chemicals
--------------------- METHANEX CORPORATION (Exact name of obligor as specified in its charter) PROVINCE OF BRITISH COLUMBIA, CANADA NOT APPLICABLE (State or other jurisdiction of (I.R.S. employer incorporation or organization) identification no.) 1800 WATERFRONT CENTRE V6C 3M1 200 BURRARD STREET (Zip code) VANCOUVER, BRITISH COLOMBIA, CANADA (Address of principal executive offices)
TO MONTREAL TRUST COMPANY OF CANADA Trustee INDENTUREBrascan Corp/ • January 21st, 2004 • Metal mining • Ontario
AS ISSUER ANDMethanex Corp • July 21st, 2005 • Industrial organic chemicals • New York
TO JPMORGAN CHASE BANK Trustee INDENTUREIndenture • December 14th, 2005 • Royal Bank of Canada \ • Commercial banks, nec • Ontario
HUSKY ENERGY INC., as Issuer and THE BANK OF NOVA SCOTIA TRUST COMPANY OF NEW YORK, as Trustee ---------------------------------------------------------- IndentureIndenture • August 6th, 2004 • Husky Energy Inc • Crude petroleum & natural gas • New York
ENCANA CORPORATION,Encana Corp • March 23rd, 2010 • Crude petroleum & natural gas • New York
INDENTURE, dated as of __________ between ENCANA CORPORATION, a corporation duly organized and existing under the laws of Canada (herein called the “Corporation”), having its principal office at 1800, 855 – 2nd Street S.W., Calgary, Alberta T2P 2S5, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee (herein called the “Trustee”).
REGISTRATION RIGHTS AGREEMENT dated as of August 22, 2011 between Kinross Gold Corporation the Guarantors specified herein and Merrill Lynch, Pierce, Fenner & Smith Incorporated Morgan Stanley & Co. LLC UBS Securities LLC as Representatives of the...Registration Rights Agreement • April 27th, 2012 • Red Back Mining Mauritania No. 2 LTD • Mineral royalty traders • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of August , 2011, between Kinross Gold Corporation, a corporation organized under the laws of the Province of Ontario (the “Company”), and the subsidiaries of the Company that are initially Guarantors (as defined below), on the one hand, and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. LLC and UBS Securities LLC, as representatives of the several Initial Purchasers (collectively, the “Initial Purchasers”) named in Schedule I to the Purchase Agreement (as defined below), on the other hand. Pursuant to the Purchase Agreement, the Initial Purchasers have agreed to purchase, severally and not jointly, the Company’s 3.625% Senior Notes due 2016, 5.125% Senior Notes due 2021 and 6.875% Senior Notes due 2041 (the “Notes”). The Notes are fully and unconditionally guaranteed by the Guarantors (the “Guarantees”). The Notes and the Guarantees are herein collectively referred to as the “Se
CENOVUS ENERGY INC., as Issuer and THE BANK OF NEW YORK MELLON, as TrusteeIndenture • June 30th, 2010 • Cenovus Energy Inc. • Crude petroleum & natural gas • New York
THE THOMSON CORPORATION, as Issuer and COMPUTERSHARE TRUST COMPANY OF CANADA, as Trustee Indenture Dated as of November 20, 2001Indenture • December 16th, 2008 • Thomson Reuters Corp /Can/ • Miscellaneous publishing • New York
INDENTURE, dated as of November 20, 2001 between THE THOMSON CORPORATION, a corporation duly organized and existing under the laws of the Province of Ontario (herein called the “Company”), having its principal office at Suite 2706, Toronto Dominion Bank Tower, P.O. Box 24, Toronto-Dominion Centre, Toronto, Ontario, Canada M5K 1A1, and Computershare Trust Company of Canada, a trust company incorporated under the laws of Canada, as trustee (herein called the “Trustee”), having its principal office at Computershare Trust Company of Canada, 100 University Avenue, Floor 12, South Tower, Toronto, Ontario, M5J 2Y1.
EXCHANGE AND REGISTRATION RIGHTS AGREEMENT dated as of June 1, 2011 between Barrick Gold Corporation Barrick North America Finance LLC and Morgan Stanley & Co. LLC RBC Capital Markets, LLC Citigroup Global Markets Inc. as Representatives of the...Exchange and Registration Rights Agreement • June 27th, 2011 • Barrick North America Finance LLC • Asset-backed securities • New York
This Exchange and Registration Rights Agreement (this “Agreement”) is made and entered into as of June 1, 2011, between Barrick Gold Corporation, a corporation organized under the laws of the Province of Ontario (the “Company”), and Barrick North America Finance LLC, a Delaware limited liability company (“BNAF” and, together with the Company, the “Issuers”), on the one hand, and Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Citigroup Global Markets Inc. and J.P. Morgan Securities LLC, as representatives of the several Initial Purchasers (collectively, the “Initial Purchasers”) named in Schedule I to the Purchase Agreement (as defined below), on the other hand. Pursuant to the Purchase Agreement, the Initial Purchasers have agreed to purchase, severally and not jointly, (i) the Company’s 1.75% Notes due 2014 (the “2014 Notes”) and 2.90% Notes due 2016 (the “2016 Notes”) and (ii) BNAF’s 4.40% Notes due 2021 (the “2021 Notes”) and 5.70% Notes due 2041 (the “2041 Notes” and together
SUNCOR ENERGY INC. Reconciliation and tie between Trust Indenture Act of 1939 and Indenture, dated as of June 25, 2007Suncor Energy Inc • May 15th, 2012 • Petroleum refining • New York
This Indenture is subject to the provisions of the Trust Indenture Act of 1939, as amended, that are required to be part of this Indenture and shall, to the extent applicable, be governed by such provisions.
Form of Note]Barrick North America Finance LLC • June 27th, 2011 • Asset-backed securities
This Security is a global Security within the meaning of the Indenture hereinafter referred to and is registered in the name of DTC or a nominee of DTC. This Security is exchangeable for Securities registered in the name of a Person other than DTC or its nominee only in the limited circumstances described in the Indenture, and no transfer of this Security (other than a transfer of this Security as a whole by DTC to a nominee of DTC or by a nominee of DTC to DTC or another nominee of DTC or by DTC or any such nominee to a successor Depositary or nominee of such successor Depositary) may be registered except in limited circumstances.
Form of Note]Red Back Mining Mauritania No. 2 LTD • April 27th, 2012 • Mineral royalty traders
THIS SECURITY IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF A DEPOSITORY OR A NOMINEE THEREOF. THIS SECURITY MAY NOT BE EXCHANGED IN WHOLE OR IN PART FOR A SECURITY REGISTERED, AND NO TRANSFER OF THIS SECURITY IN WHOLE OR IN PART MAY BE REGISTERED, IN THE NAME OF ANY PERSON OTHER THAN SUCH DEPOSITORY OR A NOMINEE THEREOF, EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE.
THE THOMSON CORPORATION, as Issuer COMPUTERSHARE TRUST COMPANY OF CANADA, as Trustee and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee EIGHTH SUPPLEMENTAL INDENTURE Dated as of September 20, 2005 to INDENTURE Dated as of November 20, 2001Eighth Supplemental Indenture • May 29th, 2008 • Thomson Reuters Corp /Can/ • Miscellaneous publishing
This Eighth Supplemental Indenture, dated as of the 20th day of September 2005, between The Thomson Corporation, a corporation organized under the laws of the Province of Ontario (hereinafter called the “Company”), Computershare Trust Company of Canada, a trust company continued under the laws of Canada, as trustee (hereinafter called the “Initial Trustee”) and Deutsche Bank Trust Company Americas, a New York corporation, as trustee (hereinafter called the “Additional Trustee”).
REGISTRATION RIGHTS AGREEMENT Dated as of October 10, 2003 between PLACER DOME INC. and CITIGROUP GLOBAL MARKETS INC., and MORGAN STANLEY & CO. INCORPORATEDRegistration Rights Agreement • March 23rd, 2004 • Placer Dome Inc • Gold and silver ores • New York
This Agreement is made pursuant to the Purchase Agreement dated October 7, 2003 between the Company and the Representatives (the “Purchase Agreement”), which provides for the sale by the Company to the Initial Purchasers of an aggregate of U.S.$300,000,000 principal amount of the Company’s 6.45% Debentures due 2035 (the “Securities”). In order to induce the Initial Purchasers to enter into the Purchase Agreement, the Company has agreed to provide to the Initial Purchasers and their direct and indirect transferees the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Purchase Agreement.
To INDENTURE Dated as of June 29, 1989Inco LTD • September 18th, 2003 • Primary smelting & refining of nonferrous metals
TIA Section Indenture Section ----------- ----------------- 310 (a)(1) ....................................... 7.10 (a)(2) ....................................... 7.10 (a)(3) ....................................... N.A. (a)(4)...Guarantee Agreement • May 31st, 2002 • Methanex Corp • Industrial organic chemicals • New York
Dated as of April 17, 1996 BELL CANADA and MONTREAL TRUST COMPANY — COMPAGNIE MONTRÉAL TRUST Trustee TRUST INDENTURE PROVIDING FOR THE ISSUE OF SUBORDINATED DEBENTURESBce Inc • August 5th, 2011 • Telephone communications (no radiotelephone)
Whereas the Corporation deems it necessary to borrow money for its corporate purposes and with a view to so doing desires to create and issue its subordinated debentures to be constituted in the manner hereinafter appearing and to be issued in one or more series from time to time;
Dated as of February 1, 2007 BELL CANADA and BCE INC. and COMPUTERSHARE TRUST COMPANY OF CANADA— SOCIÉTÉ DE FIDUCIE COMPUTERSHARE DU CANADA Trustee SIXTH SUPPLEMENTAL TRUST INDENTUREBce Inc • August 5th, 2011 • Telephone communications (no radiotelephone)
Original Trust Indenture for the protection of holders of the Debentures or of Debentures of any series and for any other purpose not inconsistent with the terms of the Original Trust Indenture;
TRUST INDENTURE between BELL CANADA and CIBC MELLON TRUST COMPANY - COMPAGNIE TRUST CIBC MELLON In respect of Debentures Bearing formal date of November 28, 1997.Trust Indenture • August 5th, 2011 • Bce Inc • Telephone communications (no radiotelephone)
THIS INDENTURE dated as of and bearing formal date of November 28, 1997 between BELL CANADA, a corporation continued under the Canada Business Corporations Act (herein called the “Corporation”) having its registered office in the city of Montréal, Province of Québec, and CIBC MELLON TRUST COMPANY — COMPAGNIE TRUST CIBC MELLON, a company incorporated under the laws of Canada duly authorized to carry on the business of a trust company (herein called the “Trustee”).
METHANEX CORPORATION As Issuer AND THE BANK OF NEW YORK As Trustee FOURTH SUPPLEMENTAL INDENTURE Dated as of August 3, 2005 To Indenture dated as of July 20, 1995, between Methanex Corporation, as Issuer, and The Bank of New York (formerly United...Fourth Supplemental Indenture • October 31st, 2011 • Methanex Corp • Industrial organic chemicals • New York
THIS FOURTH SUPPLEMENTAL INDENTURE (this “Fourth Supplemental Indenture”) is made as of the 3rd day of August, 2005, between Methanex Corporation (the “Company”) and The Bank of New York (formerly United States Trust Company of New York), as trustee (the “Trustee”).
REGISTRATION RIGHTS AGREEMENT by and among Quebecor World Capital Corporation and Quebecor World Inc. and Citigroup Global Markets Inc. Banc of America Securities LLC RBC Dominion Securities Corporation ABN AMRO Incorporated BNP Paribas Securities...Registration Rights Agreement • January 12th, 2004 • Quebecor World Inc • Commercial printing • New York
This Registration Rights Agreement (this "Agreement") is made and entered into as of November 3, 2003, by and among Quebecor World Capital Corporation, a Delaware corporation (the "Company"), Quebecor World Inc., a corporation amalgamated under the laws of Canada (the "Guarantor"), and Banc of America Securities LLC and Citigroup Global Markets Inc. (each an "Initial Purchaser" and, collectively, the "Initial Purchasers"). Each of the Initial Purchasers has agreed to purchase the Company's Initial Notes (as defined below) pursuant to the Purchase Agreement (as defined below).
FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”) dated as of March 6, 2003 between PLACER DOME INC., a corporation duly organized and existing under the Canada Business Corporations Act (the “Company”), and DEUTSCHE BANK TRUST...First Supplemental Indenture • May 9th, 2003 • Placer Dome Inc • Gold and silver ores • New York
We understand that the Debentures are being offered in a transaction not involving any public offering within the United States within the meaning of the Securities Act and that the Debentures have not been registered under the Securities Act, and we agree, on our own behalf and on behalf of each account for which we acquire any Debentures, that if in the future we decide to offer, resell, pledge or otherwise transfer such Debentures, such Debentures may be offered, resold, pledged or otherwise transferred only (i) to the Company or any of its subsidiaries, (ii) to a person whom we reasonably believe is a “qualified institutional buyer” (as defined in Rule 144A under the Securities Act) in compliance with Rule 144A, (iii) to a person whom we reasonably believe is an Institutional Accredited Investor purchasing for its own account or for the account of one or more other Institutional Accredited Investors over which it exercises sole investment discretion and that, prior to the transfer,
Dated as of April 17, 1996 BELL CANADA and MONTREAL TRUST COMPANY — COMPAGNIE MONTRÉAL TRUST Trustee FIRST SUPPLEMENTAL TRUST INDENTUREBce Inc • August 5th, 2011 • Telephone communications (no radiotelephone)
Whereas under an indenture made as of April 17, 1996 between the Corporation and the Trustee (the “Original Trust Indenture”) the creation and issue of Subordinated Debentures from time to time without limitation as to principal amount was provided for;
PURCHASE AGREEMENTPurchase Agreement • June 27th, 2011 • Barrick North America Finance LLC • Asset-backed securities
The Securities will be offered without being registered under the U.S. Securities Act of 1933, as amended (the “Securities Act”), to qualified institutional buyers in compliance with the exemption from registration provided by Rule 144A under the Securities Act, and in offshore transactions in reliance on Regulation S under the Securities Act (“Regulation S”).
Dated as of December 30, 1996 BELL CANADA and MONTREAL TRUST COMPANY — COMPAGNIE MONTRÉAL TRUST Trustee SECOND SUPPLEMENTAL TRUST INDENTUREBce Inc • August 5th, 2011 • Telephone communications (no radiotelephone)
WHEREAS under an indenture made as of April 17, 1996 between the Corporation and the Trustee (the “Original Trust Indenture”) the creation and issue of Subordinated Debentures from time to time without limitation as to principal amount was provided for;
ContractAgreement • June 27th, 2011 • Barrick North America Finance LLC • Asset-backed securities • Delaware
AGREEMENT OF LIMITED LIABILITY COMPANY OF BARRICK NORTH AMERICA FINANCE LLC A DELAWARE LIMITED LIABILITY COMPANY The undersigned member (the “Undersigned Member”) hereby forms a limited liability company pursuant to and in accordance with the Delaware Limited Liability Company Act, 6 Del. C. § 18-101, et seg. (the “Act”), and hereby declares the following to be the Limited Liability Company Agreement of such limited liability company: 1. Name. The name of the limited liability company formed hereby (the “LLC”) is Barrick North America Finance LLC. 2. Purpose and Powers . The LLC is formed for the object and purpose of, and the nature of the business to be conducted and promoted by the LLC is, engaging in any lawful act or activity for which limited liability companies may be formed under the Act and engaging in any and all activities necessary or incidental to the foregoing. 3. Registered Office. The registered office of the LLC in the State of Delaware is clo The Corporation Trust Com
Sixth Supplemental Indenture Dated as of February 13, 2001 to Trust Indenture Dated as of July 1, 1992Trust Indenture • September 11th, 2003 • Noranda Inc • Primary smelting & refining of nonferrous metals
WHEREAS by a trust indenture (hereinafter referred to as the "Original Indenture") made as of July 1, 1992 between the Corporation and the Trustee provision was made for the issue of Securities of the Corporation in one or more series;
PURCHASE AGREEMENTPurchase Agreement • November 9th, 2009 • Barrick (PD) Australia Finance Pty LTD • Gold and silver ores
Barrick (PD) Australia Finance Pty Ltd, an Australian proprietary limited company (“BPDAF”), proposes to issue and sell to the several initial purchasers named in Schedule I hereto (the “Initial Purchasers”) (i) US$400,000,000 aggregate principal amount of BPDAF’s debt securities due 2020 (the “2020 Notes”), and (ii) US$850,000,000 aggregate principal amount of BPDAF’s debt securities due 2039 (the “2039 Notes” and, together with the 2020 Notes, the “Notes”), in each case to be issued under the indenture (the “Indenture”), to be dated as of the Closing Date (as defined in Section 4 hereof), among Barrick Gold Corporation, an Ontario corporation (the “Parent”), BPDAF and The Bank of New York Mellon, as trustee (the “Trustee”). The Notes will be fully and unconditionally guaranteed as to payment of principal, premium, if any, and interest by the Parent pursuant to the Indenture and guarantees endorsed on the certificates evidencing the Notes (the “Guarantees”). The Notes and the Guarante
Dated as of February 1, 2007 BELL CANADA and BCE INC. and CIBC MELLON TRUST COMPANY — COMPAGNIE TRUST CIBC MELLON Trustee SECOND SUPPLEMENTAL TRUST INDENTURESupplemental Indenture • August 5th, 2011 • Bce Inc • Telephone communications (no radiotelephone)
the Securities, or for any other purpose not inconsistent with the terms of the Original Trust Indenture, provided that, in the opinion of the Trustee, the rights of the Trustee or of the Holders of the Securities are not adversely affected in any material respects.
SECOND SUPPLEMENTAL INDENTURE (this “Second Supplemental Indenture”) dated as of October 10, 2003 between PLACER DOME INC., a corporation duly organized and existing under the Canada Business Corporations Act (the “Company”), and DEUTSCHE BANK TRUST...Supplemental Indenture • March 23rd, 2004 • Placer Dome Inc • Gold and silver ores • New York
We understand that the Debentures are being offered in a transaction not involving any public offering within the United States within the meaning of the Securities Act and that the Debentures have not been registered under the Securities Act, and we agree, on our own behalf and on behalf of each account for which we acquire any Debentures, that if in the future we decide to offer, resell, pledge or otherwise transfer such Debentures, such Debentures may be offered, resold, pledged or otherwise transferred only (i) to the Company or any of its subsidiaries, (ii) to a person whom we reasonably believe is a “qualified institutional buyer” (as defined in Rule 144A under the Securities Act) in compliance with Rule 144A, (iii) to a person whom we reasonably believe is an Institutional Accredited Investor purchasing for its own account or for the account of one or more other Institutional Accredited Investors over which it exercises sole investment discretion and that, prior to the transfer,
