Fourth Supplemental Indenture to 11⅛% Senior Secured Notes Due 2012 among Lyondell Chemical Company, Lyondell Europe Holdings Inc., and The Bank of New York

Contract Categories: Business Finance › Indenture Agreements
Summary

This agreement, dated July 5, 2007, adds Lyondell Europe Holdings Inc. as a Subsidiary Guarantor to the existing Indenture for Lyondell Chemical Company's 11⅛% Senior Secured Notes due 2012. By signing, Lyondell Europe Holdings Inc. agrees to guarantee the notes and be bound by the terms applicable to subsidiary guarantors. The Bank of New York acts as Trustee. The agreement is governed by New York law and supplements the original Indenture, which remains in effect alongside this amendment.

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EX-4.12(E) 2 lyo10q093007exhibit412e.htm FOURTH SUPPLEMENTAL INDENTURE FOR 11-1/8% SENIOR SECURED NOTES DUE 2012 lyo10q093007exhibit412e.htm
Exhibit 4.12(e)


FOURTH SUPPLEMENTAL INDENTURE

dated as of July 5, 2007
 
among
 
LYONDELL CHEMICAL COMPANY,
 
as Company
 
LYONDELL EUROPE HOLDINGS INC.
 
as Subsidiary Guarantor
 
and
 
THE BANK OF NEW YORK,
 
as Trustee


 
11⅛% Senior Secured Notes due 2012

 
 
 

THIS FOURTH SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), entered into as of July 5, 2007, among LYONDELL CHEMICAL COMPANY, a Delaware corporation (the “Company”) LYONDELL EUROPE HOLDINGS INC., a Delaware corporation (the “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 July 2, 2002 (as amended, supplemented or otherwise modified, the “Indenture”), relating to the Company’s 11⅛% Senior Secured Notes due 2012 (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 4.22 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.  The 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.
 

 
 
 

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/ Karen A. Twitchell
 Karen A. Twitchell
 Vice President and Treasurer



 
LYONDELL EUROPE HOLDINGS INC.

By:    /s/ Francis P. McGrail
 
Francis P. McGrail
 
President and Treasurer



THE BANK OF NEW YORK,
      as Trustee

By:       /s/ Robert A. Massimillo
Name:   Robert A. Massimillo
Title:     Vice President