Exhibit 4.12
FOURTH SUPPLEMENTAL
INDENTURE
FOURTH SUPPLEMENTAL INDENTURE (this
“ Supplemental Indenture ”), dated as of
August 3, 2007 among Petrohawk Energy Corporation, a Delaware
corporation (the “ Company ”), One TEC, LLC, a
Texas limited liability company, One TEC Operating, LLC, a Texas
limited liability company, and Bison Ranch, LLC, an Idaho limited
liability company (the “ New Guarantors ”), the
existing Guarantors (as defined in the Indenture referred to
herein), and The Law Debenture Trust Company of New York, as the
successor to U.S. Bank National Association, as trustee under the
Indenture referred to herein (the “ Trustee ”).
The New Guarantors and the existing Guarantors are sometimes
referred to collectively herein as the “ Guarantors
”, or individually as a “ Guarantor
”.
W I T N E S S E T H
WHEREAS, the Company
and the existing Guarantors have heretofore executed and delivered
to the Trustee an indenture (the “ Indenture ”),
dated as of April 1, 2004, relating to the 7
1 / 8 % Senior Notes due 2012 (the
“ Securities ”) of the Company;
WHEREAS, Section 4.9 of the
Indenture provides that if the Company or any of its Restricted
Subsidiaries acquires or creates another Restricted Subsidiary
(other than a Foreign Subsidiary) on or after the Issue Date, then
the Company shall cause such newly acquired or created Restricted
Subsidiary to become a Guarantor and execute a supplemental
indenture substantially in the form of Exhibit E to the Indenture
and deliver an Opinion of Counsel to the Trustee as provided in the
Indenture; and
WHEREAS, pursuant to
Section 9.1 of the Indenture, the Company, the Guarantors and
the Trustee are authorized to execute and deliver this Supplemental
Indenture to amend or supplement the Indenture without the consent
of any Holder.
NOW THEREFORE, to comply with the
provisions of the Indenture and in consideration of the foregoing
and for other good and valuable consideration, the receipt of which
is hereby acknowledged, the New Guarantors, the other Guarantors,
the Company and the Trustee mutually covenant and agree for the
equal and ratable benefit of the Holders of the Securities as
follows:
1. CAPITALIZED TERMS. Capitalized
terms used herein without definition shall have the meanings
assigned to them in the Indenture.
2. AGREEMENT TO GUARANTEE. The New
Guarantors hereby agree, jointly and severally, with all
other
