lyo10q093007exhibit415e.htm


    

Exhibit 4.15(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
 


 
_________________________
 


 
101⁄2% Senior Secured Notes due 2013
 

 

      
 


      

      
 

      

      

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 May 20, 2003 (as may be amended, supplemented or
otherwise modified, the “Indenture”), relating to the Company’s 101⁄2% Senior Secured Notes due 2013 (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