THOMPSON CREEK METALS COMPANY INC., as Company and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee and BERG GENERAL PARTNER CORP. BERG METALS LIMITED PARTNERSHIP BLUE PEARL MINING INC. CYPRUS THOMPSON CREEK MINING COMPANY LANGELOTH METALLURGICAL...Thompson Creek Metals CO Inc. • May 11th, 2012 • Metal mining
FORM OF FIRST SUPPLEMENTAL INDENTURE dated as of May 11, 2012, among Thompson Creek Metals Company Inc., a corporation governed by the Business Corporations Act (British Columbia) (the “Company”), Berg General Partner Corp., Berg Metals Limited Partnership, Blue Pearl Mining Inc., Cyprus Thompson Creek Mining Company, Langeloth Metallurgical Company LLC, Long Creek Mining Company, Mt. Emmons Moly Company, Terrane Metals Corp., Thompson Creek Metals Company USA, Thompson Creek Mining Co., Thompson Creek Mining Ltd, Thompson Creek Services ULC, as guarantors (the “Guarantors”), and Wells Fargo Bank, National Association, a national banking association, as trustee (the “Trustee”) (this “First Supplemental Indenture”), to the indenture, dated as of May 11, 2012, between the Company and the Trustee (the “Base Indenture” and, together with the First Supplemental Indenture, the “Indenture”), pursuant to Section 9.01 thereof.
THOMPSON CREEK METALS COMPANY INC. 8,800,000 Tangible Equity Units (“tMEDS”) Underwriting AgreementUnderwriting Agreement • May 11th, 2012 • Thompson Creek Metals CO Inc. • Metal mining • New York
Thompson Creek Metals Company Inc., a Canadian corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representative (the “Representative”), 8,800,000 Tangible Equity Units (“tMEDS”) of the Company (the “Underwritten Securities”) and, at the option of the Underwriters, up to an additional 1,200,000 tMEDS (the “Option Securities”). The Underwritten Securities and the Option Securities are herein referred to as the “Securities.” Each Security has a stated amount of $25 (the “Stated Amount”) and consists of (1) a pre-paid stock purchase contract (each, a “Purchase Contract”) under which the holder has purchased and the Company will agree to automatically deliver on May 15, 2015 (the “Mandatory Settlement Date”), subject to early settlement of such Purchase Contract pursuant to the provisions thereof and of the Purchase Contract Agreement (the “Purchase Contract Agreement”), to be date
THOMPSON CREEK METALS COMPANY INC., as Issuer WELLS FARGO BANK, NATIONAL ASSOCIATION as Purchase Contract Agent, as Attorney-in-Fact for the Holders from time to time as provided herein and as U.S. Trustee under the Indenture referred to herein and...Purchase Contract Agreement • May 11th, 2012 • Thompson Creek Metals CO Inc. • Metal mining • New York
PURCHASE CONTRACT AGREEMENT, dated as of May 11, 2012, among THOMPSON CREEK METALS COMPANY INC., a corporation governed by the Business Corporations Act (British Columbia) (the “Company”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, acting as purchase contract agent and attorney-in-fact for the Holders of Purchase Contracts (as defined herein) from time to time (the “Purchase Contract Agent”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, acting as U.S. Trustee under the Indenture (as defined herein) and VALIANT TRUST COMPANY, acting as Canadian Trustee under the Indenture (as defined herein)).
FOURTH AMENDMENT TO THE CREDIT AGREEMENTThe Credit Agreement • May 11th, 2012 • Thompson Creek Metals CO Inc. • Metal mining • New York
FOURTH AMENDMENT (this “Amendment”), dated as of May 11, 2012, to the Credit Agreement dated as of December 10, 2010 (as amended, supplemented, amended and restated or otherwise modified from time to time, the “Credit Agreement”), among Thompson Creek Metals Company Inc. (the “Borrower”), the several banks and other financial institutions or entities from time to time party thereto (the “Lenders”), JPMorgan Chase Bank, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”), and the other agents party thereto.
THOMPSON CREEK METALS COMPANY INC., as Issuer and WELLS FARGO BANK, NATIONAL ASSOCIATION, as U.S. Trustee and VALIANT TRUST COMPANY as Canadian Trustee Third Supplemental Indenture Dated as of May 11, 2012 Supplement to Indenture between Thompson...Thompson Creek Metals CO Inc. • May 11th, 2012 • Metal mining • New York
THIRD SUPPLEMENTAL INDENTURE, dated as of May 11, 2012 (this “Supplemental Indenture”), among THOMPSON CREEK METALS COMPANY INC., a corporation governed by the Business Corporations Act (British Columbia) (the “Company”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity but solely as U.S. trustee (the “U.S. Trustee”) and VALIANT TRUST COMPANY, not in its individual capacity but solely as Canadian trustee appointed herein (the “Canadian Trustee”, together with the U.S. Trustee, the “Trustees”) under the Indenture, dated as of May 11, 2012, between the Company and Wells Fargo Bank, National Association, a national banking association, as Trustee (the “Base Indenture,” and the Base Indenture, as supplemented by this Supplemental Indenture, the “Indenture”).
