SETTLEMENT AGREEMENT RELATING TO COMMITTEE LITIGATION (OFFICIAL COMMITTEE OF UNSECURED CREDITORS v. CITIBANK, N.A., et. al., ADV. P. NO. 09-01375 (REG) (BANKR. S.D.N.Y.))Settlement Agreement • December 29th, 2009 • New York
Contract Type FiledDecember 29th, 2009 JurisdictionThis Settlement Agreement (the “Settlement Agreement”) is entered into as of December 23, 2009 between LyondellBasell Industries AF S.C.A., (“LBIAF”) on behalf of itself and its affiliates listed on Schedule A hereto (“Lyondell”) and Citibank, N.A., Citibank International plc, and Citigroup Global Markets Inc. (“Citibank”), Goldman Sachs Credit Partners, L.P. and Goldman Sachs International (“Goldman”), Merrill, Lynch, Pierce, Fenner & Smith and Merrill Lynch Capital Corporation (“Merrill”), ABN AMRO Inc. and ABN AMRO Bank N.V. (“ABN AMRO”), UBS Securities LLC and UBS Loan Finance LLC (“UBS”) (collectively, Citibank, Goldman, Merrill, ABN AMRO and UBS are referred to as the “Bridge Lenders”); LeverageSource III S.à.r.l. (in its individual capacity), Ares Management, Bank of Scotland, DZ Bank AG (“DZ Bank”), Kolberg Kravis Roberts & Co. (“KKR”), and UBS AG (each of LeverageSource, Ares, Bank of Scotland, DZ Bank and KKR, individually and with its respective affiliates, and UBS AG, indiv