NEWMONT MINING CORPORATION and NEWMONT USA LIMITED (as the Subsidiary Guarantor) and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee SECOND SUPPLEMENTAL INDENTURE Dated as of March 8, 2012 to Indenture dated as of September 18, 2009...Supplemental Indenture • March 9th, 2012 • Newmont Mining Corp /De/ • Gold and silver ores • New York
THIS SECOND SUPPLEMENTAL INDENTURE, dated as of March 8, 2012 (the “Second Supplemental Indenture”), among Newmont Mining Corporation, a Delaware corporation, as issuer (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”).
NEWMONT MINING CORPORATION as Issuer NEWMONT USA LIMITED As Guarantor Underwriting AgreementNewmont Mining Corp /De/ • March 9th, 2012 • Gold and silver ores • New York
Newmont Mining Corporation, a Delaware 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 representatives (the “Representatives”), $1,500,000,000 principal amount of its 3.500% Senior Notes due 2022 (the “Ten Year Notes”) and $1,000,000,000 principal amount of its 4.875% Senior Notes due 2042 (the “Thirty Year Notes” and, together with the Ten Year Notes, the “Securities”). Payment of principal of, and interest, if any, on, the Securities will be guaranteed by Newmont USA Limited, a Delaware corporation, as guarantor (the “Guarantor”), pursuant to the terms and conditions of the guaranty issued under the Indenture (as defined below) (the “Guaranty”). The Securities and the Guaranty will be issued pursuant to an Indenture dated as of September 18, 2009, among the Company,
