ContractFirst Supplemental Indenture • December 26th, 2012 • TPC Group LLC • Industrial organic chemicals • New York
FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of December 20, 2012, among TPC GROUP LLC, a Texas limited liability company (the “Company”), the guarantors party hereto (the “Guarantors”), WILMINGTON TRUST COMPANY, as trustee under the indenture referred to below (the “Trustee”) and DEUTSCHE BANK TRUST COMPANY AMERICAS, as collateral agent (in such capacity, the “Collateral Agent”), paying agent, registrar and authentication agent.
U.S.$250,000,000 CREDIT AGREEMENT Dated as of December 20, 2012 among TPC HOLDINGS, INC., as Holdings, SAWGRASS MERGER SUB INC., (to be merged into TPC GROUP INC.) as Lead Borrower, TPC GROUP INC., THE SUBSIDIARIES OF TPC GROUP INC. PARTY HERETO, as...Credit Agreement • December 26th, 2012 • TPC Group LLC • Industrial organic chemicals • New York
WHEREAS, an Affiliate (with such term and each other capitalized term used but not defined in this preamble having the meaning assigned thereto in Article I) of a fund managed by FRC Founders Corporation (formerly known as First Reserve Corporation) and SK Capital Partners III, L.P. (collectively, the “Sponsor”) will acquire of all of the equity interests of Target pursuant to an Agreement and Plan of Merger (as amended, restated or otherwise modified, the “Merger Agreement”) dated as of August 25, 2012, by and among the Target, Holdings and the Merger Sub. On the date of consummation of such merger (the “Acquisition Closing Date”) Merger Sub will merge with and into the Target, with the Target surviving such merger (the “Acquisition”) and from and after the Acquisition Closing Date Target shall become the Lead Borrower hereunder;
