BARRICK GOLD CORPORATION - and - BARRICK NEVADA HOLDING LLC - and - NEWMONT GOLDCORP CORPORATION - and - NEWMONT USA LIMITED - and - NEVADA GOLD MINES LLC AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF NEVADA GOLD MINES LLCLimited Liability Company Agreement • July 5th, 2019 • Newmont Goldcorp Corp /De/ • Gold and silver ores • Nevada
AND WHEREAS Barrick Member and Newmont Member desire to establish certain rights and obligations between themselves as Members (as defined below) in accordance with the terms hereof;
NEWMONT GOLDCORP CORPORATION, as Issuer, NEWMONT USA LIMITED, as Existing Guarantor, NEVADA GOLD MINES LLC, as New Guarantor, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as TrusteeSupplemental Indenture • July 5th, 2019 • Newmont Goldcorp Corp /De/ • Gold and silver ores • New York
THIS FIRST SUPPLEMENTAL INDENTURE, dated as of July 1, 2019 (this “First Supplemental Indenture”), by and among NEWMONT GOLDCORP CORPORATION (formerly known as Newmont Mining Corporation), a Delaware corporation, as issuer (the “Issuer”), NEWMONT USA LIMITED, a Delaware corporation, as existing guarantor (the “Existing Guarantor”), NEVADA GOLD MINES LLC, a Delaware limited liability company, as new guarantor (the “New Guarantor”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., not in its individual capacity but solely as trustee (the “Trustee”).
FIRST AMENDMENT TO IMPLEMENTATION AGREEMENTImplementation Agreement • July 5th, 2019 • Newmont Goldcorp Corp /De/ • Gold and silver ores
to that certain Implementation Agreement (the “Agreement”), dated as of March 10, 2019, by and between Barrick and Newmont. Barrick and Newmont sometimes are referred to in this Amendment collectively as the “Parties” and each individually as a “Party.” Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement.
