SECOND 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 _________________________ 8% Senior Notes due 2014

Contract Categories: Business Finance - Indenture Agreements
EX-4.8(B) 4 lyo10q093007exhibit48b.htm SECOND SUPPLEMENTAL INDENTURE FOR 8% SENIOR UNSECURED NOTES DUE 2014 lyo10q093007exhibit48b.htm

Exhibit 4.8(b)
 

 

 

 
SECOND 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
 

 
_________________________
 

 
8% Senior Notes due 2014
 

 
 

 

THIS SECOND 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 September 20, 2006 (as amended, supplemented or otherwise modified to date, the “Indenture”), relating to the Company’s 8% Senior Notes due 2014 (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
                   Vice President