EX-4.5 6 p68915a3exv4w5.txt EX-4.5 EXHIBIT 4.5 SUPPLEMENTAL INDENTURE to Indenture dated as of August 26, 1997 for $150,000,000 9% Senior Subordinated Notes Due 2007 between GIANT PIPELINE COMPANY as Additional Subsidiary Guarantor, and The Bank of New York as Trustee Dated effective as of December 1, 2000 SUPPLEMENTAL INDENTURE THIS SUPPLEMENTAL INDENTURE, dated effective as of December 1, 2000, is between Giant Pipeline Company, a New Mexico corporation as an Additional Subsidiary Guarantor ("GPC"), and The Bank of New York, as Trustee. Recitals WHEREAS, effective August 26, 1997, Giant Industries, Inc. (the "Company"), the Subsidiary Guarantors, and the Trustee, executed an Indenture (the "Indenture") in the amount of $150,000,000 for the equal and ratable benefit of the holders of the Company's 9% Senior Subordinated Notes due 2007. WHEREAS, Giant Industries Arizona, Inc., an Arizona corporation ("Giant Arizona"), is a wholly-owned subsidiary of the Company and a signator of the Indenture as a Subsidiary Guarantor. WHEREAS, GPC is a wholly-owned subsidiary of Giant Arizona. WHEREAS, GPC was formed by Giant Arizona after the Issue Date. WHEREAS, in accordance with Section 11.03 of the Indenture, GPC desires to execute and deliver a supplemental indenture pursuant to which GPC, as a Restricted Subsidiary, shall guarantee the payment of the securities issued pursuant to the Indenture. NOW, THEREFORE, the parties agree as follows: Agreement 1. This Supplemental Indenture is being delivered pursuant to the provisions of the Indenture and shall be construed and interpreted consistently therewith. Capitalized terms used herein without definition shall have the meaning ascribed to them in the Indenture. 2. GPC acknowledges and agrees that it is subject to the provisions (including the representations and warranties) of the Indenture as a Subsidiary Guarantor. IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Indenture to be duly executed, and their respective corporate seals to be hereunto affixed and attested, all as of the date first written above. ADDITIONAL SUBSIDIARY GUARANTOR Giant Pipeline Company, as Subsidiary Guarantor By: /s/ MARK B. COX -------------------------------------------- Name: Mark B. Cox Title: Vice President and Financial Officer TRUSTEE The Bank of New York By: /s/ WALTER N. GITLIN -------------------------------------------- Name: Walter N. Gitlin Title: Vice President