EXHIBIT -4.11
SIXTH SUPPLEMENTAL INDENTURE
SIXTH SUPPLEMENTAL INDENTURE dated as
of September 3, 2007 (this “ Supplemental
Indenture ”) among ISPAT INLAND ULC, a Nova Scotia
unlimited liability company, as issuer (the “ Issuer
”), the Guarantors and LASALLE BANK NATIONAL ASSOCIATION, as
Trustee (the “ Trustee ”).
RECITALS
WHEREAS, the Issuer, the Guarantors
and the Trustee have entered into an Indenture dated as of
March 25, 2004, as supplemented (as so supplemented, the
“ Indenture ”);
WHEREAS, pursuant to
Section 8.01 of the Indenture, the Issuer and the Guarantors,
when authorized by a Board Resolution, and the Trustee, when an
Officers’ Certificate is provided stating that such amendment
or supplement complies with the provisions of Section 8.01,
may amend or supplement the Indenture without notice to or consent
of any Holder to provide for the assumption by a successor entity
of the obligations of Parent under the Indenture;
WHEREAS, Mittal Steel Company N.V., a
Netherlands company (formerly known as Ispat International N.V. and
the “Parent” under the Indenture), merged by absorption
(the “ Step 1 Merger ”) into its wholly-owned
subsidiary, ArcelorMittal, a Luxembourg company the (“
Successor Parent ”), effective as of September 3,
2007, and as a result of the Step 1 Merger, the Parent has ceased
to exist and has transferred by law all of its assets and
liabilities to the Successor Parent;
WHEREAS, Luxembourg, the country
under which the Successor Parent is organized, was a member nation
of the European Union on March 25, 2004; and
WHEREAS, the Issuer, the Guarantors
and Trustee wish to enter into this Supplemental Indenture pursuant
to Section 4.22(1) of the Indenture in order to reflect the
assumption by the Successor Parent of all the obligations of the
Parent under its Note Guarantee and the Indenture.
NOW, THEREFORE, each party agrees as
follows for the benefit of the other parties and for the equal and
ratable benefit of the Holders of the Notes, as follows:
ARTICLE 1
ASSUMPTION
SECTION 1.1 The Successor Parent
hereby expressly assumes all obligations of the Parent under its
Note Guarantee and the Indenture, and the term
“Parent,” as used in the Indenture and the Collateral
Documents, shall, from and after the date hereof, mean and refer to
the Successor Parent.
ARTICLE 2
MISCELLANEOUS
SECTION 2.1 This Supplemental
Indenture is executed and shall be construed as an indenture
supplemental to the Indenture with respect to the Notes and, as
provided in the Indenture, this Supplemental Indenture forms a part
thereof with respect to the Notes. Except as herein modified,
the
Indenture is in all respects ratified and confirmed with respect to
the Notes and all the terms, provisions and conditions thereof
shall be and remain in full force and effect with respect to the
Notes and every Holder of Notes shall be bound hereby. Except as
expressly otherwise defined, the use of the terms and expressions
herein is in accordance with the definitions, uses and
constructions contained in the Indenture.
SECTION 2.2 If any provision of this
Supplemental Indenture limits, qualifies or conflicts with any
other provision hereof or of the Indenture that is required to be
included in the Indenture by any of the provisions of the TIA, such
required provision shall control.
SECTION 2.3 Unless otherwise
indicated
