INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCEInstrument of Resignation, Appointment and Acceptance • February 27th, 2009 • NuStar Energy L.P. • Pipe lines (no natural gas) • New York
WHEREAS, the Issuer, the Guarantor and Resigning Trustee have entered into the Indenture, dated as of July 15, 2002 (the “Base Indenture”), as amended and supplemented by (i) the First Supplemental Indenture thereto, dated as of July 15, 2002 (the “First Supplemental Indenture”), (ii) the Second Supplemental Indenture thereto, dated as of March 18, 2003 (the “Second Supplemental Indenture”) and (iii) the Third Supplemental Indenture thereto, dated as of July 1, 2005, among the Issuer, the Guarantor, the Affiliate Guarantor and the Resigning Trustee (the “Third Supplemental Indenture”) (the Base Indenture, as supplemented from time to time, including without limitation pursuant to the First Supplemental Indenture, the Second Supplemental Indenture and the Third Supplemental Indenture, the “Indenture”), which provides for the issuance of the Issuer’s Securities, the outstanding series of which are set forth on Exhibit A hereto (collectively, the “Notes”); and
INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCEInstrument of Resignation, Appointment and Acceptance • February 27th, 2009 • NuStar Energy L.P. • Pipe lines (no natural gas) • New York
WHEREAS, the Partnership and Resigning Trustee have entered into the Indenture, dated as of February 21, 2002 (the “Original Indenture”), as amended and supplemented by (i) the First Supplemental Indenture thereto dated as of February 21, 2002 (the “First Supplemental Indenture”), (ii) the Second Supplemental Indenture thereto dated as of August 9, 2002 and effective as of April 4, 2002 (the “Second Supplemental Indenture”), (iii) the Third Supplemental Indenture thereto dated and effective as of May 16, 2003 (the “Third Supplemental Indenture”), (iv) the Fourth Supplemental Indenture thereto dated as of May 27, 2003 (the “Fourth Supplemental Indenture”), and (v) the Fifth Supplemental Indenture thereto dated as of July 1, 2005 among the Partnership, the Affiliate Guarantors and Resigning Trustee (the “Fifth Supplemental Indenture”) (the Original Indenture, as supplemented from time to time, including without limitation pursuant to the First Supplemental Indenture, the Second Supplemen
