RE: Maturity Date Extension
Exhibit 10.02
 | The Bank of Tokyo-Mitsubishi UFJ, Ltd. New York Branch 1251 Avenue of the Xxxxxxxx Xxx Xxxx, XX 00000-0000 Xxx. 000-000-0000 |
NuStar Logistics L.P.
Attention: Xxxxxx X. Xxxxx, Executive Vice President and Chief Financial Officer
RE: Maturity Date Extension
Reference is made to that certain Letter of Credit Agreement, dated as of September 3, 2014 (the “Original Agreement”) and that certain Amendment No.1 to Letter of Credit Agreement and Subsidiary Guaranty Agreement dated as of November 3, 2014, and by that certain Maturity Date Extension Letter Amendment dated on or about August 18, 2015 (the “Amendment”)(as further amended, restated, supplemented or otherwise modified from time to time, the “Agreement”) by and among NuStar Logistics, L.P. and NuStar Energy L.P., both Delaware limited partnerships (together the “NuStar Parties”), the lenders from time to time a party thereto (the “Lenders”), and The Bank of Tokyo Mitsubishi UFJ, Ltd., as Issuing Bank and Administrative Agent (the “Agent”). Capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Agreement.
Whereas the Amendment was entered into as of November 3, 2014 and the Agreement was intended to expire as of September 2, 2016, and whereas the Lenders, the NuStar Parties and the Agent mutually wish to extend the expiry of the Agreement until September 2, 2017, now therefore, for good and reasonable consideration, the sufficiency of which is hereby acknowledged, the term “Maturity Date” as set forth in the Agreement is hereby amended to read “September 2, 2017” and Schedule 3.12 to the Agreement is hereby deleted in its entirety and replaced with Schedule 3.12 attached hereto.
No other provision of the Agreement is amended by this letter. The NuStar Parties hereby confirm that the Agreement remains in full force and effect as amended hereby, and that all obligations of such NuStar parties set forth therein are ratified and reconfirmed. The execution, delivery and effectiveness of this letter shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Agent under the Agreement or any of the Loan Documents, nor constitute a waiver of any provision of the Agreement or any of the Loan Documents.
Regards,
THE BANK OF TOKYO-MITSUBISHI UFJ, LTD.
By: | /s/ Anastasiya Haurylenia |
Name: | Anastasiya Haurylenia |
Title: | Vice President, Portfolio Management |
SCHEDULE 3.12
Subsidiaries
Subsidiary | Jurisdiction of Organization | Restricted/ Unrestricted/Material | Ownership Percentage |
Bicen Development Corporation N.V. | Netherlands | Restricted | 100% |
Cooperatie NuStar Holdings U.A. | Netherlands | Restricted | 100% |
Diamond K Limited | Bermuda | Restricted | 100% |
LegacyStar Services, LLC | Delaware | Restricted | 100% |
NS Security Services, LLC | Delaware | Restricted | 100% |
NuStar Asphalt Chickasaw, LLC | Texas | Restricted | 100% |
NuStar Asphalt Holdings, Inc. | Delaware | Restricted | 100% |
NuStar Asphalt Holdings, LLC | Delaware | Restricted | 100% |
NuStar Xxxxxx, LLC | Delaware | Restricted | 100% |
NuStar Caribe Terminals, Inc. | Delaware | Restricted | 100% |
NuStar Eastham Limited | England | Restricted | 100% |
NuStar Energy Services, Inc. | Delaware | Restricted | 100% |
NuStar Finance LLC | Delaware | Restricted | 100% |
NuStar GP, Inc. | Delaware | Restricted | 100% |
NuStar Grangemouth Limited | England | Restricted | 100% |
NuStar Holdings B.V. | Netherlands | Restricted | 100% |
NuStar Internacional, S de X.X. de C.V. | Mexico | Restricted | 100% |
NuStar Logistics, L.P. | Delaware | Restricted – Material | 100% |
NuStar Pipeline Company, LLC | Delaware | Restricted | 100% |
NuStar Pipeline Holding Company, LLC | Delaware | Restricted | 100% |
NuStar Pipeline Operating Partnership L.P. | Delaware | Restricted – Material | 100% |
NuStar Pipeline Partners L.P. | Delaware | Restricted | 100% |
NuStar Refining, LLC | Delaware | Restricted | 100% |
NuStar Services Company LLC | Delaware | Restricted | 100% |
NuStar Supply & Trading LLC | Delaware | Restricted | 100% |
NuStar Terminals Antilles N.V. | Curacao | Restricted | 100% |
NuStar Terminals B.V. | Netherlands | Restricted | 100% |
XxXxxx Xxxxxxxxx Xxxxxx Xx. | Xxxxxx | Restricted | 100% |
XxXxxx Xxxxxxxxx Xxxxxx Xxxxxxxx Xx. | Xxxxxx | Restricted | 100% |
NuStar Terminals Canada Partnership | Canada | Restricted | 100% |
NuStar Terminals Corporation N.V. | Curacao | Restricted | 100% |
NuStar Terminals Delaware, Inc. | Delaware | Restricted | 100% |
Subsidiary | Jurisdiction of Organization | Restricted/ Unrestricted/Material | Ownership Percentage |
NuStar Terminals International N.V. | Curacao | Restricted | 100% |
NuStar Terminals Limited | England | Restricted | 100% |
NuStar Terminals Marine Services N.V. | Netherlands | Restricted | 100% |
NuStar Terminals New Jersey, Inc. | Delaware | Restricted | 100% |
NuStar Terminals N.V. | Netherlands | Restricted | 100% |
NuStar Terminals Operations Partnership L.P. | Delaware | Restricted – Material | 100% |
NuStar Terminals Partners TX L.P. | Delaware | Restricted | 100% |
NuStar Terminals Services, Inc. | Delaware | Restricted | 100% |
NuStar Terminals Texas, Inc. | Delaware | Restricted | 100% |
NuStar Texas Holdings, Inc. | Delaware | Restricted | 100% |
Petroburgos, S. de X.X. de C.V. | Mexico | Restricted | 100% |
Point Xxxxxx Marine Services Co. | Canada | Restricted | 100% |
Saba Company N.V. | Netherlands | Restricted | 100% |
Seven Seas Steamship Company (Sint Eustatius) N.V. | Netherlands | Restricted | 100% |
Shore Terminals LLC | Delaware | Restricted | 100% |
ST Linden Terminal, LLC | Delaware | Restricted | 100% |
Star Creek Ranch, LLC | Delaware | Restricted | 100% |
Acknowledged and Agreed:
NUSTAR LOGISTICS, L.P.
By: NuStar GP, Inc., its General Partner
By: | /s/ Xxxxxx X. Xxxxx | |
Name: | Xxxxxx X. Xxxxx | |
Title: | Executive Vice President and Chief Financial Officer | |
By: Riverwalk Logistics, L.P., its General
Partner
By: NuStar GP, LLC, its General Partner
By: | /s/ Xxxxxx X. Xxxxx | |
Name: | Xxxxxx X. Xxxxx | |
Title: | Executive Vice President and Chief Financial Officer | |
GUARANTORS
NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.
By: | NuStar Pipeline Company, LLC, its General Partner |
By: | /s/ Xxxxxx X. Xxxxx | |
Name: | Xxxxxx X. Xxxxx | |
Title: | Executive Vice President and Chief Financial Officer | |
SUMITOMO MITSUI BANKING
CORPORATION, as Lender
By: | /s/ Xxxxxxxxx Xxxx |
Name: | Xxxxxxxxx Xxxx |
Title: | Managing Director |
THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Issuing Bank and a Lender
By: | /s/ Anastasiya Haurylenia |
Name: | Anastasiya Haurylenia |
Title: | Vice President, Portfolio Management |
THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., as Administrative Agent
By: | /s/ Xxxxxxxx Xxxx |
Name: | Xxxxxxxx Xxxx |
Title: | Vice President Syndications |
