Exhibit 4
SUPPLEMENTAL INDENTURE NO.
1
Supplemental
Indenture (this “ Supplemental Indenture ”),
dated as of May 6, 2008, among Helius, LLC, Helius Acquisition, LLC
and Advanced Satellite Research, LLC (each, a “
Guaranteeing Subsidiary ”), each a subsidiary of
Hughes Network Systems, LLC (or its permitted successor), a
Delaware limited liability company (the “ Company
”), the Company, HNS Finance Corp. (“ HNS
Finance ” and, together with the Company, the “
Issuers ”), the other Guarantors (as defined in the
Indenture referred to herein) and Wells Fargo Bank, National
Association, as trustee under the Indenture referred to below (the
“ Trustee ”).
W I T N E S S E T H
WHEREAS, the
Issuers have heretofore executed and delivered to the Trustee an
indenture (the “ Indenture ”), dated as of April
13, 2006 providing for the issuance of 9½% Senior Notes due
2006 (the “ Notes ”);
WHEREAS, the
Indenture provides that under certain circumstances each
Guaranteeing Subsidiary shall execute and deliver to the Trustee a
supplemental indenture pursuant to which each Guaranteeing
Subsidiary shall unconditionally guarantee all of the
Issuers’ Obligations under the Notes and the Indenture on the
terms and conditions set forth herein (the “ Guarantee
”); and
WHEREAS,
pursuant to Section 9.01 of the Indenture, the Trustee is
authorized to execute and deliver this Supplemental
Indenture.
NOW, THEREFORE,
in consideration of the foregoing and for other good and valuable
consideration, the receipt of which is hereby acknowledged, each
Guaranteeing Subsidiary and the Trustee mutually covenant and agree
for the equal and ratable benefit of the Holders of the Notes 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. Each Guaranteeing Subsidiary hereby agrees
to provide an unconditional Guarantee on the terms and subject to
the conditions set forth in the Guarantee and in the Indenture
including but not limited to Article 10 thereof.
4.
