FIRST SUPPLEMENTAL INDENTURE
Exhibit 4.1
FIRST SUPPLEMENTAL INDENTURE
FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of June 30, 2007,
between TE Products Pipeline Companies, LLC, a Texas limited liability company (“TE Products”), and
The Bank of New York Trust Company, N.A., a national association, as successor trustee to The Bank
of New York, as trustee under the indenture referred to below (in such capacity, the “Trustee”).
WHEREAS, pursuant to an Agreement and Plan of Merger dated as of June 30, 2007, between the
Company and TE Products, the Company is, concurrently with the execution and delivery of this First
Supplemental Indenture, merging with and into TE Products (the “Merger”), TE Products being the
surviving company and retaining the name “TE Products Pipeline Company, LLC;”
WHEREAS, Section 901(1) of the Indenture permits the execution of supplemental indentures
without the consent of any Holders to evidence the succession of another Person to the Company and
the assumption by any such successor of the covenants of the Company in the Indenture and in the
Securities;
WHEREAS, pursuant to the foregoing authority, TE Products proposes, in and by this First
Supplemental Indenture, to supplement and amend the Indenture;
WHEREAS, all things necessary to make this First Supplemental Indenture a valid agreement of
TE Products, in accordance with its terms, have been done;
3. Ratification. The Indenture and the Securities, as hereby amended and supplemented, are
ratified and confirmed in all respects and shall continue to be in full force and effect. From and
after the date hereof, this First Supplemental Indenture shall form a part of the Indenture for all
purposes, and every Holder of Securities heretofore or hereafter authenticated and delivered shall
be bound hereby.
4. NEW YORK LAW TO GOVERN. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
5. Counterparts. The parties may sign any number of counterparts of this Supplemental
Indenture, each of which shall be an original; but such counterparts shall together constitute but
one and the same instrument.
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TE PRODUCTS PIPELINE COMPANY, LLC | ||||
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By | TEPPCO GP, Inc., Its Manager |
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By: | /s/ Xxxxxxx X. Xxxxxx | |||
Name: Xxxxxxx X. Xxxxxx | ||||
Title: Vice President and Chief Financial Officer | ||||
THE BANK OF NEW YORK TRUST COMPANY, N.A., as Trustee | ||||
By: | /s/ Xxxx Xxxxxxxx Xxxxxxx | |||
Name: Xxxx Xxxxxxxx Xxxxxxx | ||||
Title: Assistant Vice President |
Signature Page to First Supplemental Indenture