0000950134-09-001726 Sample Contracts

NEWMONT MINING CORPORATION, NEWMONT USA LIMITED (AS THE SUBSIDIARY GUARANTOR), AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE 3.00% Convertible Senior Notes due 2012 INDENTURE Dated as of February 3, 2009
Newmont Mining Corp /De/ • February 3rd, 2009 • Gold and silver ores • New York

INDENTURE, dated as of February 3, 2009, among NEWMONT MINING CORPORATION, a Delaware corporation (the “Company”), NEWMONT USA LIMITED, a Delaware corporation, as Subsidiary Guarantor (the “Subsidiary Guarantor”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee (the “Trustee”).

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