SUPPLEMENTAL INDENTURE
EX-4.19 13 hssc_2017exchexhibit4d19.htm EXHIBIT 4.19 Exhibit
EXHIBIT 4.19
SUPPLEMENTAL INDENTURE
THIS SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), entered into as of March 23, 2017, by and among Hughes Satellite Systems Corporation (formerly known as EH Holding Corporation), a Colorado corporation (the “Company”), the guarantors listed on the signature pages to the Secured Indenture (the “Guarantors”), Cheyenne Data Center L.L.C., a Colorado limited liability company (the “Supplemental Guarantor”), U.S. Bank National Association, as trustee (the “Trustee”) and Wells Fargo Bank, National Association, as collateral agent (the “Collateral Agent”). Capitalized terms used herein and not otherwise defined herein are used as defined in the Secured Indenture referred to below.
RECITALS
WHEREAS, the Company, the guarantors listed on the signature pages thereto and the Trustee and Collateral Agent entered into that certain Secured Indenture, dated as of July 27, 2016 (the “Secured Indenture”), relating to the 5¼% Senior Secured Notes due 2026 of the Company in original principal amount of $750,000,000 (the “Secured Notes”);
WHEREAS, the Company has formed a new Wholly Owned Subsidiary, the Supplemental Guarantor;
WHEREAS, the Supplemental Guarantor is a Restricted Subsidiary of the Company; and
WHEREAS, pursuant to Section 4.13 of the Secured Indenture, the Supplemental Guarantor is required to become a Guarantor under the Secured Indenture; and
AGREEMENT
NOW, THEREFORE, the parties to this Supplemental Indenture hereby agree as follows:
Section 1. The Supplemental Guarantor shall be a Guarantor under the Secured Indenture and be bound by the terms thereof applicable to Guarantors and shall deliver an executed Guarantee pursuant to Section 11.02.
Section 2. This Supplemental Indenture is an amendment supplemental to the Secured Indenture, and the Secured Indenture and this Supplemental Indenture will henceforth be read together.
Section 3. This Supplemental Indenture shall be governed by and construed in accordance with the laws of the State of New York.
Section 4. This Supplemental Indenture may be signed in various counterparts which together will constitute one and the same instrument.
The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.
[Signature pages follow]
HUGHES SATELLITE SYSTEMS CORPORATION | ||||||||||
By: | /s/ Dean A. Manson | |||||||||
Name: | Dean A. Manson | |||||||||
Title: | Executive Vice President, General Counsel & Secretary | |||||||||
ECHOSTAR 77 CORPORATION | ||||||||||
ECHOSTAR SATELLITE SERVICES L.L.C. | ||||||||||
ECHOSTAR ORBITAL L.L.C. | ||||||||||
ECHOSTAR GOVERNMENT SERVICES L.L.C. | ||||||||||
ECHOSTAR SATELLITE OPERATING CORPORATION, | ||||||||||
as Guarantors | ||||||||||
By: | /s/ Dean A. Manson | |||||||||
Name: | Dean A. Manson | |||||||||
Title: | Executive Vice President, General Counsel & Secretary | |||||||||
HUGHES COMMUNICATIONS, INC., | ||||||||||
as a Guarantor | ||||||||||
By: | /s/ Dean A. Manson | |||||||||
Name: | Dean A. Manson | |||||||||
Title: | Executive Vice President, General Counsel & Secretary | |||||||||
HUGHES NETWORK SYSTEMS, LLC, | ||||||||||
as a Guarantor | ||||||||||
By: | /s/ Dean A. Manson | |||||||||
Name: | Dean A. Manson | |||||||||
Title: | Executive Vice President, General Counsel & Secretary | |||||||||
HNS FINANCE CORP., | ||||||||||
as a Guarantor | ||||||||||
By: | /s/ Dean A. Manson | |||||||||
Name: | Dean A. Manson | |||||||||
Title: | Vice President, General Counsel & Secretary | |||||||||
HUGHES NETWORK SYSTEMS INTERNATIONAL SERVICE COMPANY, | ||||||||||
as a Guarantor | ||||||||||
By: | /s/ Dean A. Manson | |||||||||
Name: | Dean A. Manson | |||||||||
Title: | Executive Vice President, General Counsel & Secretary | |||||||||
HNS REAL ESTATE, LLC, | ||||||||||
as a Guarantor | ||||||||||
By: | /s/ Dean A. Manson | |||||||||
Name: | Dean A. Manson | |||||||||
Title: | Vice President, General Counsel & Secretary | |||||||||
HNS-INDIA VSAT, INC., | ||||||||||
as a Guarantor | ||||||||||
By: | /s/ Dean A. Manson | |||||||||
Name: | Dean A. Manson | |||||||||
Title: | Vice President, General Counsel & Secretary | |||||||||
HNS-SHANGHAI, INC., | ||||||||||
as a Guarantor | ||||||||||
By: | /s/ Dean A. Manson | |||||||||
Name: | Dean A. Manson | |||||||||
Title: | Vice President, General Counsel & Secretary | |||||||||
HNS LICENSE SUB, LLC, | ||||||||||
as a Guarantor | ||||||||||
By: Hughes Network Systems, LLC, its Sole Member | ||||||||||
By: | /s/ Dean A. Manson | |||||||||
Name: | Dean A. Manson | |||||||||
Title: | Executive Vice President, General Counsel & Secretary |
U.S. BANK NATIONAL ASSOCIATION, as Trustee | |||
By: | /s/ Richard Prokosch | ||
Name: | Richard Prokosch | ||
Title: | Vice President |
WELLS FARGO BANK, NATIONAL ASSOCIATION, as Collateral Agent | |||
By: | /s/ Raymond Delli Colli | ||
Name: | Raymond Delli Colli | ||
Title: | Vice President |