AMENDED AND RESTATED INDENTURE Dated as of June 14, 2002 Among HUNTSMAN CORPORATION, as Issuer, each of the Guarantors named herein and WILMINGTON TRUST COMPANY, as TrusteeIndenture • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
AMENDED AND RESTATED INDENTURE, dated as of June 14, 2002 among HUNTSMAN CORPORATION, a Utah corporation (the “Company”), each of the Guarantors named herein, as guarantors, and Wilmington Trust Company, as successor trustee (the “Trustee”).
SECOND AMENDED AND RESTATED SECURITY AGREEMENT among HUNTSMAN LLC (formerly known as Huntsman Company LLC), CERTAIN SUBSIDIARIES OF HUNTSMAN LLC, and DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly known as Bankers Trust Company), as Collateral Agent...Security Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS SECOND AMENDED AND RESTATED SECURITY AGREEMENT (the “Agreement”), dated as of September 30, 2003, is by and among each of the undersigned (each, an “Assignor” and, together with any other entity that becomes a party hereto pursuant to Section 14.2 hereof, collectively, the “Assignors”) and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent (the “Collateral Agent”) for the benefit of (i) the Lenders and the Administrative Agent under the Credit Agreement hereinafter referred to; (ii) the Second Priority Senior Notes Trustee, for the benefit of itself and the holders of the Second Priority Senior Notes; (iii) if one or more Lenders (or any Affiliate thereof) has heretofore entered into or hereafter enters into one or more (A) interest rate protection agreements (including, without limitation, interest rate swaps, caps, floors, collars and similar agreements), (B) foreign exchange contracts, currency swap agreements or other similar agreements or arrangements designed to prote
HUNTSMAN COMPANY LLC AMENDED AND RESTATED CREDIT AGREEMENT with DEUTSCHE BANK TRUST COMPANY AMERICAS (f/k/a Bankers Trust Company), as Administrative Agent, and THE FINANCIAL INSTITUTIONS PARTY HERETO dated as of September 30, 2002Credit Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT is dated as of September 30, 2002 and is made by and among Huntsman Company LLC, a Utah limited liability company (“Borrower”), the financial institutions party hereto, including Deutsche Bank Trust Company Americas (f/k/a Bankers Trust Company), in their capacities as lenders hereunder (collectively, the “Lenders,” and each individually, a “Lender”), and Deutsche Bank Trust Company Americas (f/k/a Bankers Trust Company), as agent (“Administrative Agent”) for the Lenders.
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of April 25, 2003, is made by and among Huntsman LLC, a Utah limited liability company formerly known as Huntsman Company LLC (“Borrower”), Deutsche Bank Trust Company Americas (“Deutsche Bank”), as Administrative Agent for the Lenders (as such term is hereinafter defined) (“Administrative Agent”), and the undersigned financial institutions, including Deutsche Bank, in their capacities as Lenders.
THIRD AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS THIRD AMENDMENT TO REVOLVING CREDIT AGREEMENT (this “Agreement”), dated as of September 12, 2003, is made by and among Huntsman LLC, a Utah limited liability company formerly known as Huntsman Company LLC (the “Company”), Huntsman Petrochemical, Huntsman EPS, Polymers, Huntsman Fuels and Huntsman International Trading Corporation (each, along with the Company, referred to herein as a “Borrower” and collectively as “Borrowers”, with the Company acting in its capacity as Funds Administrator for the Borrowers), Deutsche Bank Trust Company Americas (“Deutsche Bank”), as Administrative Agent for the Lenders (as such term is hereinafter defined) (“Administrative Agent”), and the undersigned financial institutions, including Deutsche Bank, in their capacities as Lenders.
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of September 12, 2003, is made by and among Huntsman LLC, a Utah limited liability company formerly known as Huntsman Company LLC (“Borrower”), Deutsche Bank Trust Company Americas (“Deutsche Bank”), as Administrative Agent for the Lenders (as such term is hereinafter defined) (“Administrative Agent”), and the undersigned financial institutions, including Deutsche Bank, in their capacities as Lenders.
INTEREST HOLDERS AGREEMENT AMONG HUNTSMAN HOLDINGS, LLC, HMP EQUITY HOLDINGS CORPORATION, HUNTSMAN COMPANY LLC, HUNTSMAN FAMILY HOLDINGS II COMPANY LLC AND MATLIN PATTERSON GLOBAL OPPORTUNITIES PARTNERS L.P. Dated as of September 30, 2002Interest Holders Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • Delaware
This Interest Holders Agreement (this “Agreement”) is entered into as of the 30th day of September, 2002, by and among Huntsman Holdings, LLC, a Delaware limited liability Company (“HH”), HMP Equity Holdings Corporation, a Delaware corporation (“HMP”) Huntsman Company LLC, a Utah limited liability company (“H Corp”), Huntsman Family Holdings II Company LLC, a Utah limited liability company (“Family Holdings”), and MatlinPatterson Global Opportunities Partners L.P., a Delaware limited partnership (“GOF”).
HUNTSMAN COMPANY LLC and THE OTHER BORROWERS NAMED HEREIN REVOLVING CREDIT AGREEMENT Dated as of September 30, 2002 with DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative Agent, DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent, DEUTSCHE...Revolving Credit Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS REVOLVING CREDIT AGREEMENT is dated as of September 30, 2002, and is made by and among Huntsman Company LLC, a Utah limited liability company (the “Company”), Huntsman Petrochemical, Huntsman EPS, Polymers, Huntsman Fuels and Huntsman International Trading Corporation (each, along with the Company, referred to herein as a “Borrower” and collectively as “Borrowers”, with the Company acting in its capacity as Funds Administrator for the Borrowers), the financial institutions party hereto, including Deutsche Bank Trust Company Americas (f/k/a Bankers Trust Company), in their capacities as lenders hereunder (collectively, the “Lenders,” and each individually, a “Lender”), and Deutsche Bank Trust Company Americas (f/k/a Bankers Trust Company), as administrative agent (“Administrative Agent”) for the Lenders and as Collateral Agent under the Security Agreement.
AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS AMENDED AND RESTATED INTERCREDITOR AGREEMENT (this “Agreement”) is entered into as of September 30, 2003, by and among (i) Deutsche Bank Trust Company Americas, acting in its capacity as Administrative Agent under the First Priority Credit Agreement (as hereinafter defined) (together with its successors and assigns in such capacity, the “First Priority Bank Agent”), (ii) Deutsche Bank Trust Company Americas, acting in its capacity as collateral agent under the First Priority Security Agreement (as hereinafter defined) (together with its successors and assigns in such capacity, the “First Priority Collateral Agent”), (iii) Deutsche Bank Trust Company Americas, acting in its capacity as Administrative Agent under the Second Priority Credit Agreement (as hereinafter defined) (together with its successors and assigns in such capacity, the “Second Priority Bank Agent”), (iv) Deutsche Bank Trust Company Americas, acting in its capacity as collateral agent under the Second Priority Secur
AMENDED AND RESTATED SUBORDINATED PROMISSORY NOTESubordinated Promissory Note • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS AMENDED AND RESTATED SUBORDINATED PROMISSORY NOTE AND THE INDEBTEDNESS AND OBLIGATIONS OF HUNTSMAN CORPORATION HEREUNDER, SHALL BE SUBORDINATE AND JUNIOR TN RIGHT OF PAYMENT TO ALL SENIOR INDEBTEDNESS (AS DEFINED IN THAT CERTAIN SUBORDINATION AGREEMENT DATED AS OF THE DATE HEREOF AMONG HUNTSMAN CORPORATION, HORIZON VENTURES, L.C. AND BANKERS TRUST COMPANY AS ADMINISTRATIVE AGENT (THE “SUBORDINATION AGREEMENT”)) ON THE TERMS AND CONDITIONS SET FORTH IN TUE SUBORDINATION AGREEMENT.
SECOND AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS SECOND AMENDMENT TO REVOLVING CREDIT AGREEMENT (this “Agreement”), dated as of May 20, 2003, is made by and among Huntsman LLC, a Utah limited liability company formerly known as Huntsman Company LLC (the “Company”), Huntsman Petrochemical, Huntsman EPS, Polymers, Huntsman Fuels and Huntsman International Trading Corporation (each, along with the Company, referred to herein as a “Borrower” and collectively as “Borrowers”, with the Company acting in its capacity as Funds Administrator for the Borrowers), Deutsche Bank Trust Company Americas (“Deutsche Bank”), as Administrative Agent for the Lenders (as such term is hereinafter defined) (“Administrative Agent”), and the undersigned financial institutions, including Deutsche Bank, in their capacities as Lenders.
ANNEX “H” AIRCRAFT DRY LEASEAircraft Dry Lease • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • Utah
This lease (the “Lease”) of aircraft is made and entered into as of September 14, 2001, by and between Jstar Corporation, a Utah corporation, with principal offices at 500 Huntsman Way, Salt Lake City, Utah, 84108 (hereinafter referred to as “Lessor”), and Airstar Corporation, a Utah Corporation, with an address at 500 Huntsman Way, Salt Lake City, Utah, 84108 (hereinafter referred to as “Lessee”).
FOURTH AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS FOURTH AMENDMENT TO REVOLVING CREDIT AGREEMENT (this “Agreement”), dated as of November 20, 2003, is made by and among Huntsman LLC, a Utah limited liability company formerly known as Huntsman Company LLC (the “Company”), Huntsman Petrochemical, Huntsman EPS, Polymers, Huntsman Fuels and Huntsman International Trading Corporation (each, along with the Company, referred to herein as a “Borrower” and collectively as “Borrowers”, with the Company acting in its capacity as Funds Administrator for the Borrowers), Deutsche Bank Trust Company Americas (“Deutsche Bank”), as Administrative Agent for the Lenders (as such term is hereinafter defined) (“Administrative Agent”), and the undersigned financial institutions, including Deutsche Bank, in their capacities as Lenders.
HUNTSMAN CORPORATION, as Issuer, the GUARANTORS named herein, and WILMINGTON TRUST COMPANY, as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of July 11, 2002 Amending and Supplementing the Amended and Restated Indenture Dated as of June 14, 2002 9½%...First Supplemental Indenture • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of July 11, 2002 (the “First Supplemental Indenture”), among Huntsman Corporation, a Utah corporation (the “Company”), the persons listed on the signature pages hereto as the Original Guarantors (collectively, the “Original Guarantors”), Huntsman Expandable Polymers Company, LC, Huntsman Procurement Corporation, Huntsman International Services Corporation (collectively, the “New Guarantors”), Huntsman Purchasing, Ltd. (“Huntsman Purchasing”), and Wilmington Trust Company, as trustee (the “Trustee”), amending and supplementing the Amended and Restated Indenture, dated as of June 14, 2002 (the “Amended and Restated Indenture”), among the Company, the Original Guarantors and the Trustee, governing the Company’s 9½% Senior Subordinated Notes due 2007 (the “Notes”). Capitalized terms used herein and not otherwise defined herein have the meanings ascribed thereto in the Amended and Restated Indenture.
HUNTSMAN CORPORATION, as Issuer, the GUARANTORS named herein, and WILMINGTON TRUST COMPANY, as TrusteeSecond Supplemental Indenture • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of August 15, 2002 (this “Second Supplemental Indenture”), among HUNTSMAN CORPORATION, a Utah corporation (the “Company”), the persons listed on the signature pages as the Existing Guarantors (collectively, the “Existing Guarantors”), HUNTSMAN CHEMICAL COMPANY LLC, a Utah limited liability company (formerly known as Huntsman Mergco LLC) and successor by merger of Huntsman Chemical Corporation (referred to herein as the “New Guarantor”), and WILMINGTON TRUST COMPANY, as trustee (the “Trustee”), amending and supplementing the amended and Restated Indenture dated as of June 14, 2002 (as supplemented by a First Supplemental Indenture dated as of July 11, 2002, the “Amended and Restated Indenture”), among the Company, the Existing Guarantors, and the Trustee, governing the Company’s 9½% Senior Subordinated Notes due 2007 and Senior Subordinated Floating Rate Notes due 2007 (collectively, the “Notes”). Capitalized terms used herein and not otherwise de
HUNTSMAN CORPORATION, as Issuer, the GUARANTORS named herein, and WILMINGTON TRUST COMPANY, as TrusteeSecond Supplemental Indenture • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of August 15, 2002, (this “Second Supplemental Indenture”), among HUNTSMAN CORPORATION, a Utah corporation (the “Company”) the persons listed on the signature pages hereto as the Existing Guarantors (collectively, the “Existing Guarantors’), HUNTSMAN CHEMICAL COMPANY LLC, a Utah limited liability company (formerly known as Huntsman Mergco LLC) and successor by merger of Huntsman Chemical Corporation (referred to herein as the “New Guarantor”), and WILMINGTON TRUST COMPANY, as trustee (the “Trustee”), amending and supplementing the Amended and Restated Indenture dated as of June 14, 2002 (as further supplemented by the First Supplemental Indenture dated July 11, 2002, the “Amended and Restated Indenture”), among the Company, the Existing Guarantors, and the Trustee, governing the Company’s 9½% Senior Subordinated Notes due 2007 (the “Notes”). Capitalized terms used herein and not otherwise defined herein have the meanings ascribed thereto in the A
FIRST AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS FIRST AMENDMENT TO REVOLVING CREDIT AGREEMENT (this “Agreement”), dated as of April 25, 2003, is made by and among Huntsman LLC, a Utah limited liability company formerly known as Huntsman Company LLC (the “Company”), Huntsman Petrochemical, Huntsman EPS, Polymers, Huntsman Fuels and Huntsman International Trading Corporation (each, along with the Company, referred to herein as a “Borrower” and collectively as “Borrowers”, with the Company acting in its capacity as Funds Administrator for the Borrowers), Deutsche Bank Trust Company Americas (“Deutsche Bank”), as Administrative Agent for the Lenders (as such term is hereinafter defined) (“Administrative Agent”), and the undersigned financial institutions, including Deutsche Bank, in their capacities as Lenders.
FIRST AMENDMENT TO THE INTEREST HOLDERS AGREEMENTInterest Holders Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • Delaware
THIS FIRST AMENDMENT TO THE INTEREST HOLDERS AGREEMENT (this “Amendment”), dated as of May , 2003, by and among Huntsman LLC, a Utah limited liability company (“H Corp”), HMP Equity Holdings Corporation, a Delaware corporation (“HMP”), Huntsman Family Holdings II Company LLC, a Utah limited liability company (“Family Holdings II”), MatlinPatterson Global Opportunities Partners L.P., a Delaware limited partnership (“GOF”), Huntsman Group, Inc. a Delaware corporation, and Huntsman Holdings, LLC, a Delaware limited liability company (“Huntsman Holdings”), is entered into in order to amend that certain Interest Holders Agreement, dated as of September 30, 2002 (the “Interest Holders Agreement”), by and among H Corp, HMP, Family Holdings II, GOF, and Huntsman Holdings. The parties to the Interest Holders Agreement hereby acknowledge and consent to the addition of Huntsman Group as a party to this Amendment. Moreover, by executing this amendment, Huntsman Group and such parties agree further
FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of November 20, 2003, is made by and among Huntsman LLC, a Utah limited liability company formerly known as Huntsman Company LLC (“Borrower”), Deutsche Bank Trust Company Americas (“Deutsche Bank”), as Administrative Agent for the Lenders (as such term is hereinafter defined) (“Administrative Agent”), and the undersigned financial institutions, including Deutsche Bank, in their capacities as Lenders.
SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
THIS SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of May 20, 2003, is made by and among Huntsman LLC, a Utah limited liability company formerly known as Huntsman Company LLC (“Borrower”), Deutsche Bank Trust Company Americas (“Deutsche Bank”), as Administrative Agent for the Lenders (as such term is hereinafter defined) (“Administrative Agent”), and the undersigned financial institutions, including Deutsche Bank, in their capacities as Lenders.
HUNTSMAN CORPORATION, as Issuer, the GUARANTORS named herein, and WILMINGTON TRUST COMPANY, as TrusteeFirst Supplemental Indenture • February 11th, 2004 • Huntsman Petrochemical Finance Co • Plastic materials, synth resins & nonvulcan elastomers • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of July 11, 2002 (the “First Supplemental Indenture”), among Huntsman Corporation, a Utah corporation (the “Company”), the persons listed on the signature pages hereto as the Original Guarantors (collectively, the “Original Guarantors”), Huntsman Expandable Polymers Company, LC, Huntsman Procurement Corporation, Huntsman International Services Corporation (collectively, the “New Guarantors”), Huntsman Purchasing, Ltd. (“Huntsman Purchasing”), and Wilmington Trust Company, as trustee (the “Trustee”), amending and supplementing the Amended and Restated Indenture, dated as of June 14, 2002 (the “Amended and Restated Indenture”), among the Company, the Original Guarantors and the Trustee, governing the Company’s 9½% Senior Subordinated Notes due 2007 and Senior Subordinated Floating Rate Notes due 2007 (collectively, the “Notes”). Capitalized terms used herein and not otherwise defined herein have the meanings ascribed thereto in the Amended and Resta
