Weisfelner v. Blavatnik (In re Lyondell Chemical Co.)

DECISION AND ORDER ON DEFENDANTS’ MOTIONS TO DISMISS COUNTS 2, 6, 7, 14, AND 18

ROBERT E, GERBER, UNITED STATES BANKRUPTCY JUDGE

In late December 2007, Basell AF S.C.A. 0‘BaseH”), a Luxembourg entity controlled *433by Leonard Blavatnik (“Blavatnik”), acquired Lyondell Chemical Company (“Lyondell”), a Delaware corporation headquartered in Houston — forming a new company after a merger (the “Merger”), LyondellBasell Industries AF S.C.A. (as used by the parties, “LBI,” or here, the “Resulting Company”),1 Lyondell’s parent — by means of a leveraged buyout (“LBO”). The LBO was 100% financed by debt,…