SUPPLEMENTAL INDENTURE dated as of April 17, 2000
Exhibit 4.9(a)
SUPPLEMENTAL INDENTURE
dated as of April 17, 2000
among
LYONDELL CHEMICAL COMPANY,
as Company,
ARCO CHEMICAL TECHNOLOGY, INC.
and
ARCO CHEMICAL TECHNOLOGY, L.P.,
as Subsidiary Guarantors
and
THE BANK OF NEW YORK,
as Trustee
10 7/8% Senior Subordinated Notes due 2009
THIS SUPPLEMENTAL INDENTURE (this Supplemental Indenture), entered into as of April 17, 2000, among LYONDELL CHEMICAL COMPANY, a Delaware corporation (the Company), ARCO Chemical Technology, Inc. and ARCO Chemical Technology, L.P. (collectively, the Subsidiary Guarantors) (each an Undersigned) and THE BANK OF NEW YORK, as trustee (the Trustee).
RECITALS
WHEREAS, the Company, the Subsidiary Guarantors party thereto and the Trustee entered into the Indenture, dated as of May 17, 1999 (the Indenture), relating to the Companys 10 7/8% Senior Subordinated Notes due 2009 (the Notes);
WHEREAS, as a condition to the Trustee entering into the Indenture and the purchase of the Notes by the Holders, the Company agreed, subject to certain exceptions, pursuant to Section 4.21 of the Indenture to cause any Restricted Subsidiary that has guaranteed or secured Indebtedness of the Company or any of its Restricted Subsidiaries to provide Subsidiary Guarantees.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and intending to be legally bound, the parties hereto hereby agree as follows:
Section 1. Capitalized terms used herein and not otherwise defined herein are used as defined in the Indenture.
Section 2. Each Undersigned, by its execution of this Supplemental Indenture, agrees to be a Subsidiary Guarantor under the Indenture and to be bound by the terms of the Indenture applicable to Subsidiary Guarantors, including but not limited to, Article 13 thereof.
Section 3. This Supplemental Indenture shall be governed by and construed in accordance with the internal laws of the State of New York.
Section 4. This Supplemental Indenture may be signed in various counterparts which together shall constitute one and the same instrument.
Section 5. This Supplemental Indenture is an amendment supplemental to the Indenture and said Indenture and this Supplemental Indenture shall henceforth be read together.
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IN WITNESS WHEREOF, the parties have duly executed and delivered this Supplemental Indenture or have caused this Supplemental Indenture to be duly executed on their respective behalf by their respective officers thereunto duly authorized, as of the day and year first above written.
LYONDELL CHEMICAL COMPANY | ||
By: | /s/ Robert T. Blakely | |
Name: | Robert T. Blakely | |
Title: | Executive Vice President and Chief Financial Officer | |
ARCO CHEMICAL TECHNOLOGY, INC. | ||
By: | /s/ Francis P. McGrail | |
Name: | Francis P. McGrail | |
Title: | President | |
ARCO CHEMICAL TECHNOLOGY, L.P. | ||
By: | ARCO CHEMICAL TECHNOLOGY MANAGEMENT, INC. | |
Sole General Partner | ||
By: | /s/ Francis P. McGrail | |
Name: | Francis P. McGrail | |
Title: | President | |
THE BANK OF NEW YORK, as Trustee | ||
By: | /s/ Van K. Brown | |
Name: | Van K. Brown | |
Title: | Assistant Vice President |
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