Environmental Custodial Trust Agreement Sample Contracts

ENVIRONMENTAL CUSTODIAL TRUST AGREEMENT
Environmental Custodial Trust Agreement • March 19th, 2009 • Texas

day of , 2009, by and among ASARCO LLC (“ASARCO”) as a debtor in possession in the Reorganization Cases (defined below) (“Settlor”) and , not individually but solely in [his/its] capacity as Custodial Trustee (“Custodial Trustee”) of the ASARCO Texas Custodial Trust established hereby (the “Texas Custodial Trust”), and the Beneficiaries (defined below).

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ENVIRONMENTAL CUSTODIAL TRUST AGREEMENT
Environmental Custodial Trust Agreement • December 8th, 2009 • Texas

day of December, 2009, by and among ASARCO LLC (“ASARCO”) as a debtor in possession in the Reorganization Cases (defined below) (“Settlor”) and Project Navigator, Ltd., not individually but solely in its capacity as Custodial Trustee (“Custodial Trustee”) of the ASARCO Texas Custodial Trust established hereby (the “Texas Custodial Trust”), and the Beneficiaries (defined below).

ENVIRONMENTAL CUSTODIAL TRUST AGREEMENT
Environmental Custodial Trust Agreement • April 8th, 2010

This Environmental Custodial Trust Agreement (the “Agreement”) is made and entered as of the day of March, 2010, by and among LYONDELL CHEMICAL COMPANY (“Lyondell Chemical”), a Delaware corporation, LEMEAN PROPERTY HOLDINGS CORPORATION, a Delaware corporation, MILLENNIUM HOLDINGS, LLC, a Delaware corporation, EQUISTAR CHEMICALS, LP, a Delaware corporation, and MILLENNIUM SPECIALTY CHEMICALS, INC., a Delaware corporation, as debtors and debtors in possession in the Bankruptcy Case (defined below) (collectively “Settlors”); LE PETOMANE XXIII, INC., not individually but solely in its representative capacity as Environmental Custodial Trust Trustee (defined herein) of the Environmental Custodial Trust established hereby (the “Environmental Custodial Trust”); and the Environmental Trust Beneficiaries (defined herein).

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