First Supplemental Indenture to Guarantee Senior Secured Notes by Metal Management Subsidiaries (January 20, 2000)

Summary

This agreement, dated January 20, 2000, is between Metal Management Services, Inc., Metal Management Stainless & Alloy, Inc., and Metal Management West Coast Holdings, Inc.—all subsidiaries of Metal Management, Inc.—and Harris Trust and Savings Bank, as trustee. The subsidiaries agree to guarantee Metal Management, Inc.'s 12.75% Senior Secured Notes due 2004, as required by the original Indenture. This ensures that these subsidiaries are legally bound to support the repayment of the notes, providing additional security to noteholders.

EX-4.13 3 0003.txt FIRST SUPPLEMENTAL INDENTURE, DATED 1/20/00 1 EXHIBIT 4.13 FIRST SUPPLEMENTAL INDENTURE THIS FIRST SUPPLEMENTAL INDENTURE, dated as of January 20, 2000, is executed by METAL MANAGEMENT SERVICES, INC., a Delaware corporation ("Services"), METAL MANAGEMENT STAINLESS & ALLOY, INC., a Delaware corporation ("S&A"), and METAL MANAGEMENT WEST COAST HOLDINGS, INC., a Delaware corporation ("Holdings"), each a wholly-owned subsidiary of METAL MANAGEMENT, INC., a Delaware corporation (the "Company"), for the sole purpose of granting a guarantee under the Indenture (as amended from time to time, the "Indenture"), dated as of May 7, 1999, with respect to the Company's 12 3/4% Senior Secured Notes due 2004 (the "Notes"), entered into among the Company, the Guarantors (as defined therein) and HARRIS TRUST AND SAVINGS BANK, as trustee (the "Trustee"). PRELIMINARY STATEMENT The Company, the Guarantors and the Trustee have entered into the Indenture. Capitalized terms used herein, not otherwise defined herein, shall have the meanings given them in the Indenture. Section 4.18 of the Indenture expressly provides that any Restricted Subsidiary (i) that has assets or revenues in any fiscal year in excess of $200,000, (ii) that, together with all other Restricted Subsidiaries that are not Guarantors, has assets or revenues in any fiscal year in excess of $1.0 million in the aggregate, or (iii) that is not a Guarantor and guarantees any Indebtedness of the Company, other than the Notes, or is a borrower under the Senior Credit Facility, shall execute a supplemental indenture to become a Guarantor of the Company's Notes. Pursuant to Section 4.18 of the Indenture, each of Services, S&A and Holdings execute this First Supplemental Indenture to a become Guarantor of the Company's Notes. Each of Services, S&A and Holdings have, by Board Resolution, authorized this First Supplemental Indenture. The Trustee has determined that this First Supplemental Indenture is in form satisfactory to it. NOW, THEREFORE, it is mutually covenanted and agreed, for the equal and proportionate benefit of all Holders of the Notes issued under the Indenture from and after the date of this First Supplemental Indenture, as follows: Section 1. Guarantee on the Notes. ----------------------- 2 Each of Services, S&A and Holdings hereby subjects itself to the provisions of the Indenture as a Guarantor in accordance with Article 10 of the Indenture. Section 2. Counterparts ------------ This First Supplemental Indenture may be executed in several counterparts, all of which together shall constitute one agreement binding on all parties, notwithstanding that all parties have not signed the same counterpart. 3 IN WITNESS WHEREOF, the undersigned have caused this First Supplemental Indenture to be duly executed by its respective officers as of the day and year first above written. METAL MANAGEMENT SERVICES, INC. METAL MANAGEMENT STAINLESS & ALLOY, INC. METAL MANAGEMENT WEST COAST HOLDINGS, INC. By: /s/ David A. Carpenter ----------------------------------------- Name: David A. Carpenter Its: Vice President