EXHIBIT 4.6
SUPPLEMENTAL INDENTURE
SUPPLEMENTAL INDENTURE dated as of
September 16, 2004 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 OF THE COMPANY
WHEREAS, the Issuer, Guarantors and
the Trustee have entered into an Indenture dated as of
March 25, 2004 (the “ Indenture ”);
WHEREAS, pursuant to
Section 8.01 of the Indenture, the Issuer and the Guarantors,
when authorized by a Board Resolution of each of them, 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 cure any ambiguity, omission,
defect or inconsistency; and
WHEREAS, the Issuer, Guarantors and
Trustee wish to amend the Indenture as set forth in this
Supplemental Indenture to rectify an omission from
Section 4.02 thereof.
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
AMENDMENTS
SECTION 1.1. Article Four of the
Indenture is hereby amended by deleting from Section 4.02 the
following phrase:
“ provided , that in
lieu of any annual report required of U.S. corporations, Parent may
file and provide such annual report required of foreign private
issuers subject to the reporting requirements of Section 13 or
15(d) of the Exchange Act.”
And replacing it in its entirety with
the following:
“ provided , that in
lieu of any annual report and such information, documents and other
reports required of U.S. corporations, Parent may file and provide
such annual report and such information, documents and other
reports required of foreign private issuers subject to the
reporting requirements of Section 13 or 15(d) of the Exchange
Act and provided further that Parent continues to file on
Form 6-K quarterly reports containing inf
