Common use of Preliminary Settlement Statement Clause in Contracts

Preliminary Settlement Statement. Not later than five (5) Business Days before the Closing Date, and after consultation with MLP, HOLDINGS shall deliver to MLP a written statement (the “Preliminary Settlement Statement”) setting forth the Total Net Working Capital and each component therein, as determined in good faith by HOLDINGS that are described in the definition thereof, with HOLDINGS’ calculation of such items in reasonable detail, based on information then available to HOLDINGS. The Preliminary Settlement Statement shall also set forth wire transfer instructions for the Closing payments. Payment of the Total Net Working Capital at the Effective Time shall be based on the Preliminary Settlement Statement. The Preliminary Settlement Statement, will be calculated using the South and Central Texas Systems financial statements as of June 30, 2012, and shall be adjusted by adding back the affiliate accounts receivable and affiliate accounts payable which were reclassified to net parent equity. Project Alamo – Execution Version

Preliminary Settlement Statement. Not later than five (5) Business Days before the Closing Date, and after consultation with MLP, HOLDINGS shall deliver to MLP a written statement (the “Preliminary Settlement Statement”) setting forth the Total Net Working Capital and each component therein, as determined in good faith by HOLDINGS that are described in the definition thereof, with HOLDINGS’ calculation of such items in reasonable detail, based on information then available to HOLDINGS. The Preliminary Settlement Statement shall also set forth wire transfer instructions for the Closing payments. Payment of the Total Net Working Capital at the Effective Time shall be based on the Preliminary Settlement Statement. The Preliminary Settlement Statement, will be calculated using the South and Central Texas Systems financial statements as of June 30December 31, 2012, and shall be adjusted by adding back the affiliate accounts receivable and affiliate accounts payable which were reclassified to net parent equity. Project Alamo – Execution Version.