Common use of Amendment or Restatement Clause in Contracts

Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the Board, without the approval of any Member, may amend any provision of the Delaware Certificate and this Agreement, and may authorize any officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members.

Appears in 28 contracts

Samples: Limited Liability Company Agreement (USA Compression Partners, LP), Limited Liability Company Agreement (Shell Midstream Partners, L.P.), Limited Liability Company Agreement (Tesoro Logistics Lp)

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Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, that notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the BoardBoard of Directors, without the approval of any Member, may amend any provision of the Delaware Organizational Certificate and this Agreement, and may authorize any officer Officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members; provided, further, that any amendment to Section 2.04 of this Agreement shall be deemed to materially affect the Members.

Appears in 16 contracts

Samples: Limited Liability Company Agreement (Enterprise GP Holdings L.P.), Limited Liability Company Agreement (Enterprise Products Partners L P), Limited Liability Company Agreement (Duncan Energy Partners L.P.)

Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the Board, without the approval of any Member, may amend any provision of the Delaware Certificate and this Agreement, and may authorize any officer Officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Emerge Energy Services LP), Limited Liability Company Agreement (Southcross Energy Partners, L.P.), Limited Liability Company Agreement (Southcross Energy Partners, L.P.)

Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, that notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the Board, without the approval of any Member, may amend any provision of the Delaware Certificate and this Agreement, and may authorize any officer Officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (SemGroup Energy Partners, L.P.), Limited Liability Company Agreement (Quest Energy Partners, L.P.), Limited Liability Company Agreement (SemGroup Energy Partners, L.P.)

Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the Board, without the approval of any Member, may amend any provision of the Delaware Company’s Certificate of Formation and this Agreement, and may authorize any officer Officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Marlin Midstream Partners, LP), Limited Liability Company Agreement (Cypress Energy Partners, L.P.), Limited Liability Company Agreement

Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, that notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the BoardBoard of Directors, without the approval of any Member, may amend any provision of the Delaware Certificate of Formation and this Agreement, and may authorize any officer Officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members; provided, further, that any amendment to Section 2.4 of this Agreement shall be deemed to materially affect the Members.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Enterprise GP Holdings L.P.), Limited Liability Company Agreement (Energy Transfer Equity, L.P.), Limited Liability Company Agreement (Energy Transfer Equity, L.P.)

Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, that notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the BoardBoard of Directors, without the approval of any Member, may amend any provision of the Delaware Organizational Certificate and this Agreement, and may authorize any officer Officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (DCP Midstream Partners, LP), Limited Liability Company Agreement (DCP Midstream Partners, LP), Limited Liability Company Agreement (DCP Midstream Partners, LP)

Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, that notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the Board, without the approval of any Member, may amend any provision of the Delaware Certificate and this Agreement, and may authorize any officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members.. WESTERN GAS EQUITY HOLDINGS, LLC AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT

Appears in 3 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Western Gas Equity Partners, LP), Limited Liability Company Agreement (Western Gas Equity Partners, LP)

Amendment or Restatement. This Subject to the right of the Board to amend this Agreement as expressly provided herein, this Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, that notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the Board, without the approval of any Member, may amend any provision of the Delaware Certificate and this Agreement, and may authorize any officer Officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Southcross Energy LLC), Limited Liability Company Agreement (TW Southcross Aggregator LP), Limited Liability Company Agreement (EIG BBTS Holdings, LLC)

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Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, that notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the Board, without the approval of any Member, may amend any provision of the Delaware Organizational Certificate and this Agreement, and may authorize any officer Officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (EV Energy Partners, LP), Limited Liability Company Agreement (EV Energy Partners, LP)

Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, that notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the Board, without the approval of any Member, may amend any provision of the Delaware Certificate and this Agreement, and may authorize any officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members.. WESTERN MIDSTREAM HOLDINGS, LLC SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT

Appears in 1 contract

Samples: Limited Liability Company Agreement (Western Midstream Partners, LP)

Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; Members; provided, however, that, notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the Board, without the approval of any Member, may amend any provision of the Delaware Certificate and this Agreement, and may authorize any officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members.

Appears in 1 contract

Samples: Limited Liability Company Agreement

Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the Board, without the approval of any Member, may amend any provision of the Delaware Certificate and this Agreement, and may authorize any officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such 24 consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Delek Logistics Partners, LP)

Amendment or Restatement. This Agreement may be amended or restated only by a written instrument executed by all Members; provided, however, that, that notwithstanding anything to the contrary contained in this Agreement, each Member agrees that the Board, without the approval of any Member, may amend any provision of the Delaware Certificate and this Agreement, and may authorize any officer to execute, swear to, acknowledge, deliver, file and record any such amendment and whatever documents may be required in connection therewith, to reflect any change that does not require consent or approval (or for which such consent or approval has been obtained) under this Agreement or does not materially adversely affect the rights of the Members.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Western Gas Partners LP)

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