UPDATE 2-Lyondell DIP loan request granted; examiner sought

Tue Aug 11, 2009 12:44pm EDT

* Order granted for amended DIP credit agreement

* Examiner for Lyondell likely to be requested (Updates with judge's decision in financing agreement)

NEW YORK Aug 11 (Reuters) - A bankruptcy judge on Tuesday granted a Lyondell Chemical Co [ACCELC.UL] motion that asked the court to approve a new financing agreement that would correct a mistake in an earlier document.

The approval was sought after an error in an earlier document meant that senior secured loans would receive payments at a higher rate than the interest payments to the more senior roll-up loans, according to court documents.

Bankruptcy Judge Robert Gerber in New York granted Lyondell's motion for an order to authorize the execution of a second amendment to the debtor-in-possession credit agreement.

Also at the hearing, an attorney said that a motion requesting an examiner to look at the business affairs of the bankrupt petrochemical maker likely will be filed this week.

The manner in which Lyondell is "conducting its affairs" will be subject to a motion for an examiner, said Edward Weisfelner of Brown Rudnick LLP, an attorney for a group of unsecured creditors. The motion is expected to be filed "sometime this week," he said.

According to U.S. bankruptcy laws, an examiner can be appointed in any bankruptcy case when someone requests it and the court finds the company's debts exceed $5 million.

Examiners typically look into issues surrounding the bankrupt company's collapse.

The case is In re: Lyondell Chemical Co, 09-10023, U.S. Bankruptcy Court, Southern District of New York. (Reporting by Chelsea Emery. Editing by Gerald E. McCormick and Robert MacMillan)

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