Attached files
| file | filename |
|---|---|
| EX-4.1 - LANXESS Solutions US Inc. | v197873_ex4-1.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date of
Report (Date of earliest event reported): September 27,
2010
Chemtura
Corporation
(Exact
name of registrant as specified in its charter)
|
Delaware
(State
or other jurisdiction
of
incorporation)
|
1-15339
(Commission
file number)
|
52-2183153
(IRS
employer identification
number)
|
|
1818
Market Street, Suite 3700, Philadelphia, Pennsylvania
199
Benson Road, Middlebury, Connecticut
(Address
of principal executive offices)
|
19103
06749
(Zip
Code)
|
(203)
573-2000
(Registrant's
telephone number, including area code)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions (see General Instruction A.2. below):
¨ Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨ Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
¨ Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item
1.01 Entry Into a Material Definitive Agreement.
As previously disclosed, on
March 18, 2009, Chemtura and 26 of its U.S. subsidiaries (collectively,
with Chemtura, the “Domestic Debtors”) filed voluntary petitions for
reorganization, and on August 8, 2010, Chemtura Canada Co./Cie (“Chemtura
Canada,” and, collectively with the Domestic Debtors, the “Debtors”) filed a
voluntary petition for reorganization under Chapter 11 of the U.S. Bankruptcy
Code in the U.S. Bankruptcy Court for the Southern District of New York (the
“Bankruptcy Court”). On August 5, 2010, the Debtors filed with
the Bankruptcy Court the solicitation version of their joint plan of
reorganization (as it may be further amended, supplemented or modified, the
“Plan”) and accompanying disclosure statement.
On
September 27, 2010, Chemtura entered into Amendment No. 1 to the Senior Secured
Term Facility Credit Agreement (the “Amendment”), amending the Senior Secured
Term Facility Credit Agreement, dated August 27, 2010, among Chemtura, Bank of
America, N.A., as administrative agent (the “Administrative Agent”), the other
agents party thereto and the other Lenders party thereto. The
Amendment deletes the requirement that intercompany loans be subordinated, as
the requirement was inconsistent with the provisions for prepayment of other
debt which expressly permitted prepayments of intra-group debt. The
Amendment also clarifies, among other things, language permitting payments and
dispositions made pursuant to the Plan. The foregoing summary of the
Amendment is qualified in its entirety by reference to the actual Amendment,
which is attached hereto as Exhibit 4.1 and is incorporated herein by
reference.
Item
9.01 Financial Statements and Exhibits
(d)
Exhibits
|
Exhibit
Number
|
Exhibit
Description
|
|
|
4.1
|
Amendment
No. 1 to the Senior Secured Term Facility Credit Agreement, dated as of
September 27, 2010, among Chemtura Corporation, Bank of America, N.A., as
Administrative Agent, the other agents party thereto and the Lenders party
thereto.
|
Signatures
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
| Chemtura Corporation | |
| (Registrant) | |
|
By:
|
/s/ Billie S. Flaherty
|
|
Name:
|
Billie
S. Flaherty
|
|
Title:
|
SVP,
General Counsel &
Secretary
|
|
Date:
|
September
30, 2010
|
Exhibit
Index
|
Exhibit No.
|
Exhibit Description
|
|
|
4.1
|
Amendment
No. 1 to the Senior Secured Term Facility Credit Agreement, dated as of
September 27, 2010, among Chemtura Corporation, Bank of America, N.A., as
Administrative Agent, the other agents party thereto and the Lenders party
thereto.
|