AMERICAN REF-FUEL COMPANY LLC and WACHOVIA BANK, NATIONAL ASSOCIATION as Trustee and Securities Intermediary INDENTURE Dated as of May 1,2003 Senior NotesIndenture • March 14th, 2006 • Covanta Holding Corp • Cogeneration services & small power producers • New York
INDENTURE dated as of May 1, 2003 between AMERICAN REF-FUEL COMPANY LLC, a Delaware limited liability company (the “Company”) and Wachovia Bank, National Association, a national banking association, as trustee (the “Trustee”).
FIRST SUPPLEMENTAL INDENTURE dated as of May 1,2003 to INDENTURE dated as of May 1, 2003 among AMERICAN REF-FUEL COMPANY LLC and WACHOVIA BANK, NATIONAL ASSOCIATION, as Trustee and Securities IntermediaryFirst Supplemental Indenture • March 14th, 2006 • Covanta Holding Corp • Cogeneration services & small power producers • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of May 1, 2003 (this “First Supplemental Indenture”), among AMERICAN REF-FUEL COMPANY LLC, a Delaware limited liability company, (together with its successors and assigns, the “Company”), its executive office and mailing address being at 155 Chestnut Ridge Road, Montvale, NJ 07645 and Wachovia Bank, National Association, a national banking association (the “Trustee”), its corporate trust office and mailing address being at 21 South Street, Morristown, New Jersey 07690, to the Indenture dated as of May 1, 2003 (the “Original Indenture”) between the Company and the Trustee.
ContractCovanta Holding Corp • March 14th, 2006 • Cogeneration services & small power producers • New York
THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND ACCORDINGLY, MAY NOT BE OFFERED OR SOLD WITHIN THE UNITED STATES OR TO OR FOR THE ACCOUNT OR BENEFIT OF, U.S. PERSONS EXCEPT AS SET FORTH IN THE FOLLOWING SENTENCE. BY ITS ACQUISITION HEREOF, THE HOLDER (1) REPRESENTS THAT IT IS NOT A U.S. PERSON AND IS ACQUIRING THIS SECURITY IN AN OFFSHORE TRANSACTION, (2) BY ITS ACCEPTANCE HEREOF AGREES TO OFFER, SELL OR OTHERWISE TRANSFER SUCH SECURITY, PRIOR TO THE DATE (THE “RESALE RESTRICTION TERMINATION DATE”) WHICH IS TWO YEARS AFTER THE LATER OF THE ORIGINAL ISSUE DATE HEREOF AND THE LAST DATE ON WHICH THE COMPANY OR ANY AFFILIATE OF THE COMPANY WAS THE OWNER OF THIS SECURITY (OR ANY PREDECESSOR OF SUCH SECURITY), ONLY (A) TO THE COMPANY, (B) PURSUANT TO A REGISTRATION STATEMENT THAT HAS BEEN DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (C) FOR SO LONG AS THE SECURITIES ARE ELIGIBLE FOR RESALE PURSUANT TO RULE 144A UNDE
