Common use of Loans to and from the General Partner; Contracts with Affiliates Clause in Contracts

Loans to and from the General Partner; Contracts with Affiliates. (a) (i) The General Partner or any Affiliate thereof may lend to the Partnership or the Operating Partnership, and the Partnership and the Operating Partnership may borrow, funds needed or desired by the Partnership and the Operating Partnership for such periods of time as the General Partner may determine and (ii) the General Partner or any Affiliate thereof may borrow from the Partnership or the Operating Partnership, and the Partnership and the Operating Partnership may lend to the General Partner or such Affiliate, excess funds of the Partnership and the Operating Partnership for such periods of time and in such amounts as the General Partner may determine; provided, however, that in either such case the lending party may not charge the borrowing party interest at a rate greater than the rate that would be charged the borrowing party (without reference to the leading party's financial abilities or guarantees) by unrelated lenders on comparable loans. The borrowing party shall reimburse the lending party for any costs (other than any additional interest costs) incurred by the lending party in connection with the borrowing of such funds. For purposes of this Section 6.6(a) and Section 6.6(b), the term "Partnership" shall include any Affiliate of the Partnership that is controlled by the Partnership and the term "Operating Partnership" shall include any Affiliate of the Operating Partnership that is controlled by the Operating Partnership.

Appears in 3 contracts

Samples: Kinder Morgan Management LLC, Kinder Morgan Energy Partners L P, Kinder Morgan Energy Partners L P

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Loans to and from the General Partner; Contracts with Affiliates. (a) (i) The General Partner or any Affiliate thereof may lend to the Partnership or the Operating Partnership, and the Partnership and the Operating Partnership may borrow, funds needed or desired by the Partnership and the Operating Partnership for such periods of time as the General Partner may determine and (ii) the General Partner or any Affiliate thereof may borrow from the Partnership or the Operating Partnership, and the Partnership and the Operating Partnership may lend to the General Partner or such Affiliate, excess funds of the Partnership and the Operating Partnership for such periods of time and in such amounts as the General Partner may determine; provided, however, that in either such case the lending party may not charge the borrowing party interest at a rate greater than the rate that would be charged the borrowing party (without reference to the leading lending party's ’s financial abilities or guarantees) ), by unrelated lenders on comparable loans. The borrowing party shall reimburse the lending party for any costs (other than any additional interest costs) incurred by the lending party in connection with the borrowing of such funds. For purposes of this Section 6.6(a) and Section 6.6(b), the term "Partnership" shall include any Affiliate of the Partnership that is controlled by the Partnership and the term "Operating Partnership" shall include any Affiliate of the Operating Partnership that is controlled by the Operating Partnership.

Appears in 2 contracts

Samples: Ferrellgas Partners Finance Corp, Ferrellgas Finance Corp

Loans to and from the General Partner; Contracts with Affiliates. (a) (iSubject to Sections 6.3(b) The and 6.16, the General Partner or any Affiliate thereof may lend to the Partnership or the Operating Partnership, and the Partnership and the Operating Partnership may borrow, funds needed or desired by the Partnership and the Operating Partnership for such periods of time as the General Partner may determine and (ii) the General Partner or any Affiliate thereof may borrow from the Partnership or the Operating Partnership, and the Partnership and the Operating Partnership may lend to the General Partner or such Affiliate, excess funds of the Partnership and the Operating Partnership for such periods of time and in such amounts as the General Partner may determine; provided, however, that in either such case the lending party may not charge the borrowing party interest at a rate greater than the rate that would be charged the borrowing party (without reference to the leading lending party's ’s financial abilities or guarantees) ), by unrelated lenders on comparable loans. The borrowing party shall reimburse the lending party for any costs (other than any additional interest costs) incurred by the lending party in connection with the borrowing of such funds. For purposes of this Section 6.6(a) and Section 6.6(b), the term "Partnership" shall include any Affiliate of the Partnership that is controlled by the Partnership and the term "Operating Partnership" shall include any Affiliate of the Operating Partnership that is controlled by the Operating Partnership.

Appears in 1 contract

Samples: Agreement (Ferrellgas L P)

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Loans to and from the General Partner; Contracts with Affiliates. (a) (i) The General Partner or any Affiliate thereof may lend to the Partnership or the Operating PartnershipCompanies, and the Partnership and the Operating Partnership may borrow, funds needed or desired by the Partnership and the Operating Partnership Companies for such periods of time as the General Partner may determine and (iib) the General Partner or any Affiliate thereof may borrow from the Partnership or the Operating PartnershipCompanies, and the Partnership and the Operating Partnership Companies may lend to the General Partner or such Affiliateany Affiliate thereof, excess funds of the Partnership and the Operating Partnership Companies for such periods of time and in such amounts as the General Partner may determine; provided, however, that in either such case the lending party may not charge the borrowing party interest at a rate greater than the rate that would be charged the borrowing party (without reference to the leading partyGeneral Partner's financial abilities or guarantees) ), by unrelated lenders on comparable loans. The borrowing party shall reimburse the lending party for any costs (other than any additional interest costs) incurred by the lending party it in connection with the borrowing of such funds. For purposes purpose of this Section 6.6(a) and Section 6.6(b), the term "Partnership" shall include any Affiliate of the Partnership that is controlled by the Partnership and the term "Operating PartnershipCompanies" shall include any Affiliate of the Operating Partnership Companies that is controlled by the Operating PartnershipCompanies.

Appears in 1 contract

Samples: Gulfterra Energy Partners L P

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