AMENDMENT NO. 4
Exhibit 4.18(d)
AMENDMENT NO. 4
AMENDMENT dated as of September 25, 2006 to the RECEIVABLES PURCHASE AGREEMENT dated as of December 17, 2003 (as amended, the “Agreement”) among EQUISTAR RECEIVABLES II, LLC, a Delaware limited liability company (the “Seller”), EQUISTAR CHEMICALS, LP, a Delaware limited partnership (the “Servicer”), the PURCHASERS from time to time party thereto, CITICORP USA, INC., as co-asset agent and administrative agent for the Purchasers (the “Agent”), CREDIT SUISSE FIRST BOSTON, and JPMORGAN CHASE BANK, N.A. and WACHOVIA BANK, NATIONAL ASSOCIATION as co-documentations agents, and BANK OF AMERICA, N.A., as co-asset agent.
The parties hereto agree as follows:
SECTION 1. Defined Terms. Unless otherwise specifically defined herein, each term used herein which is defined in the Agreement has the meaning assigned to such term in the Agreement.
SECTION 2. Amended Definition. The definition of “Eligible Receivable” is hereby amended by (i) deleting the words “or, to the extent such Person is an Affiliate of any Originator, to LYONDELL-CITGO Refining LP or any of its subsidiaries” in the first paragraph thereof and (ii) deleting paragraph (c) thereof and inserting the word “[reserved;]” in the place thereof.
SECTION 3. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of New York.
SECTION 4. Counterparts. This Amendment may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument.
SECTION 5. Effectiveness. This Amendment shall become effective on the first date on which the Agent shall have received counterparts hereof signed by each of the Purchasers, the Seller and the Servicer (or, in the case of any party as to which an executed counterpart shall not have been received, receipt by the Agent in form satisfactory to it of telegraphic, telex or other written confirmation from such party of execution of a counterpart hereof by such party).
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the date first above written.
CITICORP USA, INC., as Agent | ||||
By: | /s/ Xxxxx Xxxxx | |||
Name: | Xxxxx Xxxxx | |||
Title: | Director / Vice President | |||
EQUISTAR RECEIVABLES II, LLC, as Seller | ||||
By: | /s/ Xxxxx X. Xxxxxxxxx | |||
Name: | Xxxxx X. Xxxxxxxxx | |||
Title: | Vice President and Treasurer | |||
EQUISTAR CHEMICALS, LP, as Servicer | ||||
By: | /s/ Xxxxx X. Xxxxxxxxx | |||
Name: | Xxxxx X. Xxxxxxxxx | |||
Title: | Vice President and Treasurer | |||
ALLIED IRISH BANKS PLC | ||||
By: | /s/ Xxxxxx X. Xxxx | |||
Name: | Xxxxxx X. Xxxx | |||
Title: | SVP |
F-1
AmSouth Bank | ||||
By: |
/s/ Xxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxx | |||
Title: | Attorney in Fact |
BANK OF AMERICA, N.A. | ||||
By: |
/s/ Xxxxxxx Xxxx | |||
Name: | Xxxxxxx Xxxx | |||
Title: | Vice President |
THE BANK OF NEW YORK | ||||
By: |
/s/ Xxxxx Xxxxxxxxxxx | |||
Name: | Xxxxx Xxxxxxxxxxx | |||
Title: | Vice President |
Calyon New York Branch | ||||
By: |
/s/ Xxxxxx X. Xxxxxx | |||
Name: |
Xxxxxx X. Xxxxxx | |||
Title: |
Managing Director | |||
By: |
/s/ Page Dillehunt | |||
Name: | Page Dillehunt | |||
Title: | Managing Director |
Commerzbank AG, New York and Grand Cayman Branches | ||||
By: |
/s/ Xxxxxx Xxxxxxx | |||
Name: |
Xxxxxx Xxxxxxx | |||
Title: |
Vice President | |||
By: |
/s/ Xxxxx Xxx | |||
Name: |
Xxxxx Xxx | |||
Title: |
Assistant Treasurer |
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Credit Suisse, Cayman Island Branch | ||||
By: | /s/ Xxxxxx X. Xxxxxxxx | |||
Name: | Xxxxxx X. Xxxxxxxx | |||
Title: | Vice President | |||
By: | /s/ Xxxxx X. Xxxxxxxx | |||
Name: | Xxxxx X. Xxxxxxxx | |||
Title: | Director |
GENERAL ELECTRIC CAPITAL CORPORATION | ||||
By: | /s/ Xxxxxx X. Xxxxx | |||
Name: | Xxxxxx X. Xxxxx | |||
Title: | Duly Authorized Signatory |
GMAC COMMERCIAL FINANCE LLP | ||||
By: | /s/ Xxxxxx X. XxXxxxxx | |||
Name: | Xxxxxx X. XxXxxxxx | |||
Title: | Director |
JPMORGAN CHASE BANK, N.A. | ||||
By: | /s/ Xxxxxx Xxxxxx | |||
Name: | Xxxxxx Xxxxxx | |||
Title: | Vice President |
LaSalle Business Credit, LLC | ||||
By: | /s/ Xxxxx X. Xxxxxxxxx | |||
Name: | Xxxxx X. Xxxxxxxxx | |||
Title: | Vice President |
F-3
Signed as a Deed by the undernoted Attorney of Lloyds TSB Commercial Finance Limited | ||||
By: | /s/ Xxxxx Xxxxxxx Xxxxxx | |||
Name: | Xxxxx Xxxxxxx Xxxxxx | |||
Title: | Credit Director | |||
XXXXXXX XXXXX CAPITAL, a Division of Xxxxxxx Xxxxx Business Financial Services Inc. | ||||
By: | /s/ Xxxxx Xxxx | |||
Name: | Xxxxx Xxxx | |||
Title: | VP | |||
National City Business Credit, Inc. | ||||
By: | /s/ Xxxxxxx X. Xxxxxx | |||
Name: | Xxxxxxx X. Xxxxxx | |||
Title: | Vice President | |||
RZB Finance LLC | ||||
By: | /s/ Xxxx X. Xxxxxxx | |||
Name: | Xxxx X. Xxxxxxx | |||
Title: | First Vice President | |||
By: | /s/ Xxxxxxxxx Xxxxx | |||
Name: | Xxxxxxxxx Xxxxx | |||
Title: | Group Vice President | |||
Siemens Financial Services, Inc. | ||||
By: | /s/ Xxxxx X. Xxxxxxx | |||
Name: | Xxxxx X. Xxxxxxx | |||
Title: | VP. Credit & Operations, Risk Mgt. |
F-4
UBS AG, STAMFORD BRANCH | ||||
By: | /s/ Xxxxxxx X. Xxxxxx | |||
Name: | Xxxxxxx X. Xxxxxx | |||
Title: | Director | |||
By: | /s/ Xxxx X. Xxxx | |||
Name: | Xxxx X. Xxxx | |||
Title: | Associate Director |
UPS CAPITAL CORPORATION | ||||
By: | /s/ Xxxxxxx X’Xxxx | |||
Name: | Xxxxxxx X’Xxxx | |||
Title: | Senior Credit Officer |
Wachovia Capital Finance | ||||
By: | /s/ X. Xxxxxxx, Xx. | |||
Name: | X. Xxxxxxx, Xx. | |||
Title: | X.X. |
Xxxxxxx Business Credit Corporation | ||||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: | Xxxxxx Xxxxxxx | |||
Title: | AVP |
Xxxxx Fargo Foothill, LLC | ||||
By: | /s/ Xxxxxxx XxXxxxxxx | |||
Name: | Xxxxxxx XxXxxxxxx | |||
Title: | Vice President |
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