First Supplemental Indenture Sample Contracts

BETWEEN DPL INC. AND
First Supplemental Indenture • August 24th, 2012 • DPL Inc • Electric & other services combined • New York
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REALPAGE, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of May 22, 2020 to Indenture dated as of May 22, 2020 1.50% Convertible Senior Notes due 2025
First Supplemental Indenture • May 22nd, 2020 • RealPage, Inc. • Services-prepackaged software • New York

FIRST SUPPLEMENTAL INDENTURE dated as of May 22, 2020 (this “Supplemental Indenture”) between REALPAGE, INC., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States of America, as trustee (the “Trustee,” as more fully set forth in Section 1.01), supplementing the Indenture dated as of May 22, 2020 between the Company and the Trustee (the “Base Indenture” and the Base Indenture, as amended and supplemented by this Supplemental Indenture, and as it may be further amended or supplemented from time to time with respect to the Notes, the “Indenture”).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • February 20th, 2015 • EverBank Financial Corp • Savings institution, federally chartered • New York

THIS FIRST SUPPLEMENTAL INDENTURE dated as of May 8, 2012 is by and among Wilmington Trust Company, a Delaware trust company, as Trustee (herein, together with its successors in interest, the “Trustee”), EverBank Financial Corp, a Delaware corporation (the “Successor Company”), and EverBank Financial Corp, a Florida corporation (the “Company”), under the Indenture referred to below.

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First Supplemental Indenture • November 19th, 2020 • Mylan II B.V. • Pharmaceutical preparations • New York

FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of November 16, 2020, among Utah Acquisition Sub Inc., a Delaware corporation (“Acquisition Sub”), Mylan II B.V., a private limited liability company incorporated and existing under the laws of the Netherlands (“Mylan II B.V.”), Mylan Inc., a Pennsylvania corporation (“Mylan Inc.”), Viatris Inc. (formerly known as Upjohn Inc.), a Delaware corporation (“Viatris Inc.” and, together with Mylan II B.V. and Mylan Inc., the “Note Guarantors”), and Citibank, N.A., London Branch, as trustee under the Indenture referred to below (the “Trustee”).

And U.S. BANK NATIONAL ASSOCIATION Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of October 16, 2020 to the Subordinated Indenture Dated as of October 16, 2020 4.50% Fixed-to-Floating Rate Subordinated Notes due 2030
First Supplemental Indenture • October 16th, 2020 • Origin Bancorp, Inc. • State commercial banks • New York

FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of October 16, 2020, between ORIGIN BANCORP, INC., a Louisiana corporation (the “Company”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as trustee (“Trustee”).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • July 1st, 2014 • Northstar Realty Finance Corp. • Real estate investment trusts • New York

THIS FIRST SUPPLEMENTAL INDENTURE dated as of June 30, 2014 (this “First Supplemental Indenture”) is by and among NorthStar Realty Finance Corp., a Maryland Corporation (the “Intermediate Successor Company”), NRFC Sub-REIT Corp., also a Maryland corporation (the “Successor Company”) and Wilmington Trust Company, as Trustee under the Indenture referred to below.

CELGENE CORPORATION, as Issuer, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of May 1, 2019 to INDENTURE
First Supplemental Indenture • July 30th, 2019 • Celgene Corp /De/ • Pharmaceutical preparations • New York

FIRST SUPPLEMENTAL INDENTURE, dated as of May 1, 2019 (this “First Supplemental Indenture”), between Celgene Corporation, a Delaware corporation (herein called the “Company”), having its principal executive offices at 86 Morris Avenue, Summit, New Jersey 07901, and The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee (herein called the “Trustee”).

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First Supplemental Indenture • August 16th, 2007 • Rogers Communications Inc • Cable & other pay television services • New York

THIS FIRST SUPPLEMENTAL INDENTURE, dated as of August 1, 2005 (this “Supplemental Indenture”), is by and among Rogers Wireless Inc., a corporation organized under the Canada Business Corporations Act (hereinafter called “Rogers Wireless”), Rogers Wireless Partnership, a general partnership organized under the laws of the Province of Ontario and a wholly-owned Subsidiary of Rogers Wireless (hereinafter called “RWP”), and JPMorgan Chase Bank, N.A. (formerly JPMorgan Chase Bank), a national banking association organized under the laws of the United States, as trustee (hereinafter called the “Trustee”).

EXECUTION VERSION
First Supplemental Indenture • March 24th, 2022 • Atlas Corp. • Deep sea foreign transportation of freight • New York

This FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of May 17, 2021, between ATLAS CORP., a corporation duly organized and existing under the laws of the Republic of The Marshall Islands (the “Company”), and THE BANK OF NEW YORK MELLON, as trustee (the “Trustee”).

DIRECTV HOLDINGS LLC DIRECTV FINANCING CO., INC. First Supplemental Indenture
First Supplemental Indenture • November 17th, 2011 • Directv • Communications services, nec • New York

This First Supplemental Indenture, dated as of November 14, 2011 (this “First Supplemental Indenture”), is entered into by and among DIRECTV Holdings LLC (the “Company” or an “Issuer”), a Delaware limited liability company, DIRECTV Financing Co., Inc. (“DIRECTV Financing” or an “Issuer” and together with the Company, the “Issuers”), a Delaware corporation, each of the Guarantors listed on the signature page hereto (together with any additional Subsidiary of the Company that becomes a Guarantor under the Indenture (as defined below) following the date hereof, the “Guarantors”), DIRECTV, a Delaware corporation (the “Parent Guarantor”) and The Bank of New York Mellon Trust Company, N.A., a national banking association duly organized and existing under the laws of the United States, as Trustee (the “Trustee”).

FIRST SUPPLEMENTAL INDENTURE between TERRA PROPERTY TRUST, INC. and as Trustee Dated as of June 10, 2021 FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • June 14th, 2021 • Terra Property Trust, Inc. • Real estate investment trusts • New York

THIS FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of June 10, 2021, is between Terra Property Trust, Inc., a Maryland corporation (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”). All capitalized terms used herein shall have the meaning set forth in the Base Indenture (as defined below).

as Issuer and
First Supplemental Indenture • April 15th, 2003 • Countrywide Financial Corp • Mortgage bankers & loan correspondents • New York
FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • May 7th, 2015 • Windstream Services, LLC • Telephone communications (no radiotelephone) • New York

First Supplemental Indenture (this “Supplemental Indenture”), dated as of March 2, 2015, among Windstream Services, LLC (as successor to Windstream Corporation), a Delaware limited liability company (the “Company”), Windstream Finance Corp., a Delaware corporation (the “Co-Issuer” and, together with the Company, the “Issuers”), the subsidiaries of the Company listed on Schedule I hereto (the “Guarantors”), and U.S. Bank National Association, a national banking association organized under the laws of the United States, as trustee under the Indenture referred to below (the “Trustee”).

FIRST SUPPLEMENTAL INDENTURE (Fidelity Southern Statutory Trust III)
First Supplemental Indenture • July 1st, 2019 • Ameris Bancorp • State commercial banks • New York

THIS FIRST SUPPLEMENTAL INDENTURE dated as of July 1, 2019, is by and among Wilmington Trust Company, a Delaware trust company, as Trustee (herein, together with its successors in interest, the “Trustee”), Ameris Bancorp, a Georgia corporation (the “Successor Company”), and Fidelity Southern Corporation, a Georgia corporation (the “Company”), under the Indenture referred to below.

Contract
First Supplemental Indenture • March 9th, 2006 • Rogers Wireless Inc • Radiotelephone communications • New York

THIS FIRST SUPPLEMENTAL INDENTURE, dated as of August 1, 2005 (this “Supplemental Indenture”), is by and among Rogers Wireless Inc., a corporation organized under the Canada Business Corporations Act (hereinafter called “Rogers Wireless”), Rogers Wireless Partnership, a general partnership organized under the laws of the Province of Ontario and a wholly-owned Subsidiary of Rogers Wireless (hereinafter called “RWP”), and JPMorgan Chase Bank, N.A., a national banking association organized under the laws of the United States, as trustee (hereinafter called the “Trustee”).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • April 29th, 2011 • Calpine Corp • Electric services • New York

First Supplemental Indenture (this “Supplemental Indenture”), dated as of April 26, 2011, among each of New Development Holdings, LLC, Calpine Mid-Atlantic Energy, LLC, Calpine Mid-Atlantic Operating, LLC, Calpine Bethlehem, LLC, Calpine New Jersey Generation, LLC, Calpine Mid-Atlantic Generation, LLC, Calpine Solar, LLC, Calpine Vineland Solar, LLC and Calpine Mid-Atlantic Marketing, LLC (collectively, the “Guaranteeing Subsidiaries”), each a subsidiary of Calpine Corporation, a Delaware corporation (the “Company”), the Company, each of the guarantors party to the Indenture (as defined below) (the “Existing Guarantors”) and Wilmington Trust Company, as trustee under the Indenture referred to below (the “Trustee”).

Contract
First Supplemental Indenture • January 2nd, 2014 • IMS Health Holdings, Inc. • New York

This First Supplemental Indenture (this “Supplemental Indenture”), dated as of May 28, 2013, is entered into between Appature Inc. (the “Guaranteeing Subsidiary”), a subsidiary of IMS Health Incorporated, a Delaware corporation (the “Issuer”), and U.S. Bank National Association, as trustee (the “Trustee”).

MYLAN INC., as Issuer, MYLAN N.V. as Guarantor and THE BANK OF NEW YORK MELLON, as Trustee FIRST SUPPLEMENTAL INDENTURE DATED as of FEBRUARY 27, 2015 TO THE INDENTURE DATED as of JUNE 25, 2013
First Supplemental Indenture • February 27th, 2015 • Mylan Inc. • Pharmaceutical preparations • New York

First Supplemental Indenture (this “Supplemental Indenture”), dated as of February 27, 2015, among Mylan N.V., a public limited liability company (naamloze vennootschap) organized and existing under the laws of the Netherlands (the “Guarantor”), Mylan Inc., a Pennsylvania corporation (the “Company”), and The Bank of New York Mellon, as trustee under the Indenture referred to below (the “Trustee”).

FIRST SUPPLEMENTAL INDENTURE Dated as of June 21, 2023 BY AND AMONG BUNGE LIMITED FINANCE CORP., as Issuer BUNGE LIMITED, as Guarantor AND as Trustee
First Supplemental Indenture • June 26th, 2023 • Bungeltd • Fats & oils • New York

FIRST SUPPLEMENTAL INDENTURE, dated as of June 21, 2023 (this “Supplemental Indenture”), by and among BUNGE LIMITED FINANCE CORP., a Delaware corporation (the “Issuer” or the “Company”), BUNGE LIMITED, a company incorporated under the laws of Bermuda (the “Guarantor”), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as successor in interest to U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • May 16th, 2016 • Hf Financial Corp • Savings institution, federally chartered • New York

THIS FIRST SUPPLEMENTAL INDENTURE dated as of May 13, 2016 is by and among Wilmington Trust Company, a Delaware trust company, as Trustee (herein, together with its successors in interest, the “Trustee”), Great Western Bancorp, Inc., a Delaware corporation (the “Successor Company”), and HF Financial Corp., a Delaware corporation (the “Company”), under the Indenture referred to below.

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • October 20th, 2014 • Kodiak Oil & Gas Corp • Oil & gas field exploration services • New York

FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of the 17th day of October, 2014, among Kodiak Oil & Gas Corp., a Yukon corporation (the “Company”), Kodiak Oil & Gas (USA) Inc., a Colorado corporation (“Kodiak (USA)”), KOG Finance, LLC, a Delaware limited liability company (“KOG Finance”), Kodiak Williston, LLC, a Delaware limited liability company (“Kodiak Williston”), KOG Oil & Gas ULC, a British Columbia unlimited liability company (“KOG ULC”, and collectively with Kodiak (USA), KOG Finance and Kodiak Williston, the “Subsidiary Guarantors”), U.S. Bank National Association, as trustee (the “Trustee”), Computershare Trust Company of Canada, as Canadian Trustee (the “Canadian Trustee”), and Whiting Petroleum Corporation, a Delaware corporation (the “Parent Guarantor”), under the Indenture referred to below.

NEW SUNWARD HOLDING FINANCIAL VENTURES B.V., as Issuer, and CEMEX, S.A.B. de C.V., CEMEX MEXICO, S.A. de C.V., and NEW SUNWARD HOLDING B.V. as Guarantors, TO THE BANK OF NEW YORK MELLON, as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of August 10,...
First Supplemental Indenture • June 30th, 2010 • Cemex Sab De Cv • Cement, hydraulic • New York

THIS FIRST SUPPLEMENTAL INDENTURE (the “Supplemental Indenture”) is made as of the 10th day of August, 2009, among New Sunward Holding Financial Ventures B.V., as issuer (the “Company”), CEMEX, S.A.B. de C.V. (“CEMEX”), CEMEX México, S.A. de C.V. and New Sunward Holding B.V., as guarantors (the “Guarantors”), and The Bank of New York Mellon, as trustee (the “Trustee”).

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THE ADT CORPORATION, as Issuer AND TYCO INTERNATIONAL LTD. as Guarantor AND WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of July 5, 2012 $750,000,000 of 2.250% Notes due 2017
First Supplemental Indenture • December 21st, 2017 • ADT, Inc. • Services-detective, guard & armored car services • New York

THIS FIRST SUPPLEMENTAL INDENTURE is dated as of July 5, 2012 among THE ADT CORPORATION, a Delaware corporation (the “Company”), TYCO INTERNATIONAL LTD., a Swiss corporation (“Guarantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (the “Trustee”).

GREENIDGE GENERATION HOLDINGS INC. and WILMINGTON SAVINGS FUND SOCIETY, FSB as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of October 13, 2021 to the Indenture dated as of October 13, 2021 8.50% Senior Notes due 2026
First Supplemental Indenture • October 13th, 2021 • Greenidge Generation Holdings Inc. • Services-computer processing & data preparation • New York

FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of October 13, 2021, between Greenidge Generation Holdings Inc., a Delaware corporation (the “Company”), and Wilmington Savings Fund Society, FSB, as trustee (the “Trustee”).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • May 12th, 2016 • Western Digital Corp • Computer storage devices • New York

This First Supplemental Indenture (this “Supplemental Indenture”), dated as of May 12, 2016, is entered into by and among Western Digital Corporation, a Delaware corporation (“Western Digital”), SanDisk Corporation, a Delaware corporation (“SanDisk”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee hereunder (the “Trustee”). Capitalized terms used herein and not otherwise defined herein have the meanings set forth in the Indenture referred to below.

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • April 21st, 2021 • INPHI Corp • Semiconductors & related devices • New York

This FIRST SUPPLEMENTAL INDENTURE (“Supplemental Indenture”) dated as of April 20, 2021, is between Inphi Corporation, a Delaware corporation (the “Company”), Marvell Technology, Inc. (f/k/a Maui HoldCo, Inc.), a Delaware corporation (“Marvell Technology”), and Wells Fargo Bank, National Association, a national banking association, as trustee (the “Trustee”).

EMBRAER S.A., as Company and THE BANK OF NEW YORK MELLON, as Trustee, Paying Agent, Registrar and Transfer Agent FIRST SUPPLEMENTAL INDENTURE US$ 500,000,000 Dated as of June 15, 2012
First Supplemental Indenture • June 15th, 2012 • Embraer S.A. • Aircraft • New York

FIRST SUPPLEMENTAL INDENTURE, dated as of June 15, 2012 (this “First Supplemental Indenture”), among EMBRAER S.A., a company organized under the laws of the Federative Republic of Brazil (herein called the “Company”), having its principal office at Brigadeiro Faria Lima, 2170, 12227-901, São José dos Campos, São Paulo State, Brazil, and THE BANK OF NEW YORK MELLON, a banking corporation duly organized and existing under the laws of the State of New York, having its principal corporate trust office at 101 Barclay Street, New York, New York 10286, as Trustee (herein called the “Trustee”) to the INDENTURE, dated as of June 15, 2012, among the Company and the Trustee (the “Base Indenture”).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • March 14th, 2014 • Ameris Bancorp • State commercial banks • New York

THIS FIRST SUPPLEMENTAL INDENTURE dated as of December 23, 2013 is by and among Wilmington Trust Company, a Delaware trust company, as Trustee (herein, together with its successors in interest, the “Trustee”), Ameris Bancorp, a Georgia corporation (the “Successor Company”), and The Prosperity Banking Company, a Florida corporation (the “Company”), under the Indenture referred to below.

FIRST SUPPLEMENTAL INDENTURE December 23, 2016
First Supplemental Indenture • May 19th, 2017 • Safeway Stores 42, Inc. • Retail-grocery stores • New York

FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of the date hereof, among each of the parties that are signatories hereto under the heading New Guarantors (collectively, the “New Guarantors”), a subsidiary of ALBERTSONS COMPANIES, LLC, a Delaware limited liability company (the “Company”), the Company, the Co-Issuers (as defined in the Indenture referred to herein) and WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee under the Indenture referred to below (the “Trustee”).

EVERGREEN SOLAR, INC. as Issuer AND U.S. BANK NATIONAL ASSOCIATION as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of February 17, 2011 TO INDENTURE Dated as of February 17, 2011 4% Convertible Subordinated Additional Cash Notes due 2020
First Supplemental Indenture • February 17th, 2011 • Evergreen Solar Inc • Semiconductors & related devices • New York

FIRST SUPPLEMENTAL INDENTURE, dated as of February 17, 2011, by and between Evergreen Solar, Inc., a Delaware corporation, as Issuer (the “Company”), and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • April 9th, 2014 • Pacwest Bancorp • National commercial banks • New York

THIS FIRST SUPPLEMENTAL INDENTURE dated as of April 7, 2014 is by and among Wells Fargo Bank, N.A., a national banking association, as Trustee (herein, together with its successors in interest, the “Trustee”), PacWest Bancorp, a Delaware corporation (the “Successor Guarantor”), CapitalSource Finance LLC, a Delaware limited liability company (the “Company”), and CapitalSource Inc., a Delaware corporation (the “Guarantor”), under the Indenture referred to below.

FIRST SUPPLEMENTAL INDENTURE Dated as of August 25, 2020 Supplementing that Certain INDENTURE Dated as of August 25, 2020
First Supplemental Indenture • August 25th, 2020 • KKR & Co. Inc. • Investment advice • New York

This First Supplemental Indenture, dated as of August 25, 2020 (the “First Supplemental Indenture”), among KKR Group Finance Co. VIII LLC, a limited liability company duly organized and existing under the laws of the State of Delaware, having its principal office at 9 West 57th Street, Suite 4200, New York, New York 10019 (the “Company”), the Guarantors party hereto (the “Guarantors”) and The Bank of New York Mellon Trust Company, N.A., as Trustee under the Base Indenture (as hereinafter defined) and hereunder (the “Trustee”), supplements that certain Indenture, dated as of August 25, 2020, among the Company, the Guarantors named therein and the Trustee (the “Base Indenture” and subject to Section 1.04 hereof, together with this First Supplemental Indenture, the “Indenture”).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • May 23rd, 2024 • Amcor PLC • Miscellaneous manufacturing industries • New York

This FIRST SUPPLEMENTAL INDENTURE, dated as of May 23, 2024 (the “Supplemental Indenture”), among Amcor Finance (USA), Inc., a Delaware corporation (herein called the “Issuer”), as Issuer, Amcor Group Finance plc, a public limited company incorporated under the laws of England and Wales (herein called the “New Guarantor”), having its principal office at 83 Tower Road North, Warmley, Bristol BS30 8XP, United Kingdom, and Deutsche Bank Trust Company Americas, a New York banking corporation, as Trustee under the Indenture (as defined below) (herein called the “Trustee”).

Contract
First Supplemental Indenture • March 10th, 2015 • Dynagas LNG Partners LP • Water transportation • New York

This FIRST SUPPLEMENTAL INDENTURE (this "First Supplemental Indenture"), dated as of September 15, 2014, among Dynagas LNG Partners LP, a limited partnership duly organized and existing under the laws of the Republic of The Marshall Islands (the "Partnership"), Dynagas Finance Inc., a corporation duly organized under the laws of the Republic of the Marshall Islands (the "Co-Issuer" and, together with the Partnership, the "Issuers" and each individually as "Issuer"), and Deutsche Bank Trust Company Americas, as trustee (the "Trustee").

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • January 5th, 2022 • Federal Realty OP LP • Real estate investment trusts • New York

This First Supplemental Indenture (this “Supplemental Indenture”), dated as of January 5, 2022, among Federal Realty OP LP, a Delaware limited partnership (the “Company”), and U.S. Bank National Association, as trustee under the Indenture referred to below (the “Trustee”).

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