Common use of Formation and Continuation Clause in Contracts

Formation and Continuation. (a) The General Partner and the organizational Limited Partner previously formed the Partnership as a limited partnership pursuant to the provisions of the Delaware Act. The General Partner hereby amends and restates the Second Amended and Restated Agreement in its entirety to continue the Partnership as a limited partnership pursuant to the provisions of the Delaware Act and to set forth the rights and obligations of the Partners and certain matters related thereto. This amendment and restatement shall become effective on the date of this Agreement. Except as expressly provided to the contrary in this Agreement, the rights and obligations of the Partners and the administration, dissolution and termination of the Partnership shall be governed by the Delaware Act. All Partnership Interests shall constitute personal property of the owner thereof for all purposes.

Appears in 5 contracts

Samples: Ferrellgas Finance Corp, Ferrellgas Partners Finance Corp, Agreement (Ferrellgas Partners Finance Corp)

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Formation and Continuation. (a) The Initial General Partner and the organizational Limited Partner MLP previously formed the Partnership as a limited partnership pursuant to the provisions of the Delaware Act. The General Partner and the Limited Partners hereby amends amend and restates the Second Amended and Restated restate this Agreement in its entirety to continue the Partnership as a limited partnership pursuant to the provisions of the Delaware Act and to set forth the rights and obligations of the Partners and certain matters related thereto. This amendment and restatement shall become effective on the date of this Agreement. Except as expressly provided to the contrary in this Agreement, the rights and obligations of the Partners and the administration, dissolution and termination of the Partnership shall be governed by the Delaware Act. All Partnership Interests shall constitute personal property of the owner thereof for all purposes.

Appears in 1 contract

Samples: Star Gas Finance Co

Formation and Continuation. (a) The General Partner and the organizational Organizational Limited Partner previously formed the this Partnership as a limited partnership pursuant to the provisions of the Delaware Act. The General Partner and the Limited Partners hereby amends amend and restates restate the Second Amended and Restated Original Agreement in its entirety to continue the Partnership as a limited partnership pursuant to the provisions of the Delaware Act and to set forth the rights and obligations of the Partners and certain matters related thereto. This amendment and restatement shall become effective on the date of this Agreement. Except as expressly provided to the contrary in this Agreement, the rights and obligations of the Partners and the administration, dissolution and termination of the Partnership shall be governed by the Delaware Act. All The Partnership Interests Interest of each Partner shall constitute be personal property of the owner thereof for all purposes.

Appears in 1 contract

Samples: Terra Nitrogen Co L P /De

Formation and Continuation. (a) The Initial General Partner and the organizational Organizational Limited Partner previously formed the Partnership as a limited partnership pursuant to the provisions of the Delaware Act. The General Partner and the Limited Partners hereby amends amend and restates the Second Amended and Restated restate this Agreement in its entirety to continue the Partnership as a limited partnership pursuant to the provisions of the Delaware Act and to set forth the rights and obligations of the Partners and certain matters related thereto. This amendment and restatement shall become effective on the date of this Agreement. Except as expressly provided to the contrary in this Agreement, the rights and obligations of the Partners and the administration, dissolution and termination of the Partnership shall be governed by the Delaware Act. All Partnership Interests shall constitute personal property of the owner thereof for all purposes.

Appears in 1 contract

Samples: Star Gas Finance Co

Formation and Continuation. (a) The General Partner and the organizational Organizational Limited Partner have previously formed the Partnership as a limited partnership pursuant to the provisions of the Delaware ActAct and, together with the Initial Limited Partner, hereby amend and restate the original Agreement of Limited Partnership of EOTT Energy Pipeline Limited Partnership in its entirety. The Subject to the provisions of this Agreement, the General Partner, the Organizational Limited Partner and the Initial Limited Partner hereby amends and restates the Second Amended and Restated Agreement in its entirety to continue the Partnership as a limited partnership pursuant to the provisions of the Delaware Act and to set forth the rights and obligations of the Partners and certain matters related thereto. This amendment and restatement shall become effective on the date of this AgreementAct. Except as expressly provided to the contrary in this Agreement, the rights and obligations of the Partners and the administration, dissolution and termination of the Partnership shall be governed by the Delaware Act. All Partnership Interests shall constitute personal property of the owner thereof for all purposes.

Appears in 1 contract

Samples: Contribution Agreement (Eott Energy Canada Lp)

Formation and Continuation. (a) The General Partner and the organizational Initial Limited Partner have previously formed the Partnership as a limited partnership pursuant to the provisions of the Delaware ActAct and hereby amend and restate the original Agreement of Limited Partnership of EOTT Energy Canada Limited Partnership in its entirety. The Subject to the provisions of this Agreement, the General Partner and the Initial Limited Partner hereby amends and restates the Second Amended and Restated Agreement in its entirety to continue the Partnership as a limited partnership pursuant to the provisions of the Delaware Act and to set forth the rights and obligations of the Partners and certain matters related thereto. This amendment and restatement shall become effective on the date of this AgreementAct. Except as expressly provided to the contrary in this Agreement, the rights and obligations of the Partners and the administration, dissolution and termination of the Partnership shall be governed by the Delaware Act. All Partnership Interests shall constitute personal property of the owner thereof for all purposes.

Appears in 1 contract

Samples: Contribution Agreement (Eott Energy Canada Lp)

Formation and Continuation. (a) The General Partner and the organizational Limited Partner MLP previously formed the Partnership as a limited partnership pursuant to the provisions of the Delaware Act. The General Partner and the Limited Partners hereby amends amend and restates the Second Amended and Restated restate this Agreement in its entirety to continue the Partnership as a limited partnership pursuant to the provisions of the Delaware Act and to set forth the rights and obligations of the Partners and certain matters related thereto. This amendment and restatement shall become effective on the date of this Agreement. Except as expressly provided to the contrary in this Agreement, the rights and obligations of the Partners and the administration, dissolution and termination of the Partnership shall be governed by the Delaware Act. All Partnership Interests shall constitute personal property of the owner thereof for all purposes.

Appears in 1 contract

Samples: Star Gas Partners Lp

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Formation and Continuation. (a) The General Partner and the organizational Limited Partner previously formed the Partnership as a limited partnership pursuant to the provisions of the Delaware Act. The General Partner hereby amends and restates the Second Fifth Amended and Restated Agreement in its entirety to continue the Partnership as a limited partnership pursuant to the provisions of the Delaware Act and to set forth the rights and obligations of the Partners and certain matters related thereto. This amendment and restatement shall become effective on the date of this AgreementEffective Date. Except as expressly provided to the contrary in this Agreement, the rights and obligations of the Partners and the administration, dissolution and termination of the Partnership shall be governed by the Delaware Act. All Partnership Interests shall constitute personal property of the owner thereof for all purposes.

Appears in 1 contract

Samples: Agreement (Ferrellgas L P)

Formation and Continuation. (a) The General Partner Partners and the organizational Organizational Limited Partner have previously formed the Partnership as a limited partnership pursuant to the provisions of the Delaware ActAct and hereby amend and restate the original Agreement of Limited Partnership of Northern Border Partners, L.P., as previously amended, in its entirety. The Subject to the provisions of this Agreement, the General Partners and the Organizational Limited Partner hereby amends and restates the Second Amended and Restated Agreement in its entirety to continue the Partnership as a limited partnership pursuant to the provisions of the Delaware Act and to set forth the rights and obligations of the Partners and certain matters related thereto. This amendment and restatement shall become effective on the date of this AgreementAct. Except as expressly provided to the contrary in this Agreement, the rights and obligations of the Partners and the administration, dissolution and termination of the Partnership shall be governed by the Delaware Act. All Partnership Interests shall constitute personal property of the owner thereof for all purposes.

Appears in 1 contract

Samples: Northern Border Partners Lp

Formation and Continuation. (a) The General Partner and the organizational Organizational Limited Partner previously formed the this Partnership as a limited partnership pursuant to the provisions of the Delaware Act. The General Partner and Investor Partnership hereby amends amend and restates restate the Second Amended and Restated Original Agreement in its entirety to continue the Partnership as a limited partnership pursuant to the provisions of the Delaware Act and to set forth the rights and obligations of the Partners and certain matters related thereto. This amendment and restatement shall become effective on the date of this Agreement. Except as expressly provided to the contrary in this Agreement, the rights and obligations of the Partners and the administration, dissolution and termination of the Partnership shall be governed by the Delaware Act. All The Partnership Interests Interest of each Partner shall constitute be personal property of the owner thereof for all purposes.

Appears in 1 contract

Samples: Terra Nitrogen Co L P /De

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