STAR GAS PARTNERS, L.P., STAR GAS FINANCE COMPANY, AND UNION BANK OF CALIFORNIA, N.A., AS TRUSTEE 10¼% Senior Notes due 2013 FIRST SUPPLEMENTAL INDENTURE Dated as of January 22, 2004 Supplementing that certain Indenture dated as of February 6, 2003Indenture • January 29th, 2004 • Star Gas Partners Lp • Retail-retail stores, nec • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of January 22, 2004, between STAR GAS PARTNERS, L.P., a Delaware limited partnership (the “Company”), STAR GAS FINANCE COMPANY, a Delaware corporation (the “Co-Issuer”, together with the Company, the “Issuers”) and UNION BANK OF CALIFORNIA, N.A. (the “Trustee”) as Trustee, supplementing that certain Indenture dated as of February 6, 2003 by and among the Issuers and the Trustee. All capitalized terms contained in this First Supplemental Indenture shall have the same meaning as set forth in the Indenture (as defined below) except as set forth herein.
CREDIT AGREEMENT among PETROLEUM HEAT AND POWER CO., INC. and VARIOUS FINANCIAL INSTITUTIONS, as the Lenders and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent for the Lenders and as an Issuer of certain Letters of Credit LASALLE BANK...Credit Agreement • January 29th, 2004 • Star Gas Partners Lp • Retail-retail stores, nec
Notwithstanding the foregoing, any change in the Level shall be determined by the Agent based upon the financial information required to be contained in the Compliance Certificate delivered by the Borrower to the Agent with respect to each Fiscal Quarter of the Borrower and shall, subject to the next two succeeding sentences, become effective as of the day following the date of delivery of such Compliance Certificate. If the Borrower shall have failed to deliver a Compliance Certificate for any Fiscal Quarter by the day which is ten (10) days after the date on
