Common use of Removal of the General Partner Clause in Contracts

Removal of the General Partner. The General Partner may be removed if such removal is approved by Limited Partners holding at least two-thirds of the Outstanding Units. Any such action by such Limited Partners for removal of the General Partner must also provide for the election of a successor General Partner by Limited Partners holding at least a majority of the Outstanding Units. Such removal shall be effective immediately following the admission of a successor General Partner pursuant to Article XII. The removal of the General Partner shall also automatically constitute the removal of the General Partner as general partner of the other Group Members. If a person is elected as a successor General Partner in accordance with the terms of this Section 13.2, such person shall, upon admission pursuant to Article XII, automatically become the successor general partner of the other Group Members. The right of the Limited Partners holding Outstanding Units to remove the General Partner shall not exist or be exercised unless the Partnership has received an opinion opining as to the matters covered by a Withdrawal Opinion of Counsel. Any successor General Partner elected in accordance with the terms of this Section 13.2 shall be subject to the provisions of Section 12.3.

Appears in 4 contracts

Samples: Conveyance and Contribution Agreement (Amerigas Partners Lp), Conveyance and Contribution Agreement (Amerigas Partners Lp), Agreement (Amerigas Partners Lp)

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Removal of the General Partner. The General Partner may be removed if such removal is approved by Limited Partners holding at least two-two thirds of the Outstanding Common Units. Any such action by such Limited Partners for removal of the General Partner must also provide for the election of a successor General Partner by Limited Partners holding at least a majority of the Outstanding Common Units. Such removal shall be effective immediately following the admission of a successor General Partner pursuant to Article XII. The removal of the General Partner shall also automatically constitute the removal of the General Partner as general partner of the other Group MembersOperating Partnership, as provided in the Operating Partnership Agreement. If a person Person is elected as a successor General Partner in accordance with the terms of this Section 13.2, the Partnership, as the limited partner of the Operating Partnership, shall cause such person shall, upon admission pursuant Person to Article XII, automatically become the successor general partner of the other Group MembersOperating Partnership, as provided in the Operating Partnership Agreement. The right of the Limited Partners holding Outstanding Common Units to remove the General Partner shall not exist or be exercised unless the Partnership has received an opinion opining as to the matters covered by a Withdrawal Opinion of Counsel. Any successor General Partner elected in accordance with the terms of this Section 13.2 shall be subject to the provisions of Section 12.3.

Appears in 2 contracts

Samples: Ferrellgas Partners Finance Corp, Ferrellgas Finance Corp

Removal of the General Partner. The General Partner may be removed if such removal is approved by Limited Partners the Unitholders holding at least two-thirds 662/3% of the Outstanding UnitsUnits (including Units held by the General Partner and its Affiliates). Any such action by such Limited Partners holders for removal of the General Partner must also provide for the election of a successor General Partner by Limited Partners the Unitholders holding at least a majority of Unit Majority (including Units held by the Outstanding UnitsGeneral Partner and its Affiliates). Such removal shall be effective immediately following the admission of a successor General Partner pursuant to Article XIISection 10.3. The removal of the General Partner shall also automatically constitute the removal of the General Partner as general partner of the other Group Members. If a person Person is elected as a successor General Partner in accordance with the terms of this Section 13.211.2, such person Person shall, upon admission pursuant to Article XIISection 10.3, automatically become the successor general partner of the other Group Members. The right of the Limited Partners holding holders of Outstanding Units to remove the General Partner shall not exist or be exercised unless the Partnership has received an opinion opining as to the matters covered by a Withdrawal Opinion of Counsel. Any successor General Partner elected in accordance with the terms of this Section 13.2 11.2 shall be subject to the provisions of Section 12.310.3.

Appears in 1 contract

Samples: Energy Transfer Partners, L.P.

Removal of the General Partner. The General Partner may be removed if such removal receives Special Approval and is approved by Limited Partners Unitholders holding at least two-thirds 66 2/3% of the Outstanding UnitsPartnership Units (including Partnership Units held by the General Partner and its Affiliates) voting as a single class. Any such action by such Limited Partners holders for removal of the General Partner must also provide for the election of a successor General Partner by Limited Partners the Unitholders holding at least a majority of the Outstanding UnitsPartnership Units (including Partnership Units held by the General Partner and its Affiliates) voting as a single class. Such removal shall be effective immediately following the admission of a successor General Partner pursuant to Article XII. The removal of the General Partner shall also automatically constitute the removal of the General Partner as general partner of the other Group Members. If a person is elected as a successor General Partner in accordance with the terms of this Section 13.2, such person shall, upon admission pursuant to Article XII, automatically become the successor general partner of the other Group Members10.3. The right of the Limited Partners holding holders of Outstanding Partnership Units to remove the General Partner shall not exist or be exercised unless the Partnership has received an opinion opining as to the matters covered by a Withdrawal Opinion of Counsel. Any successor General Partner elected in accordance with the terms of this Section 13.2 11.2 shall be subject to the provisions of Section 12.3Sections 10.2 and 10.3.

Appears in 1 contract

Samples: Enterprise GP Holdings L.P.

Removal of the General Partner. The General Partner may be removed with or without Cause if such removal is approved by Limited Partners holding (i) at least two-thirds 66 2/3% of the Outstanding UnitsCommon Units voting as a separate class (excluding for purposes of such determination Common Units held by the General Partner and its Affiliates) and (ii) a majority of the Outstanding I-Units voting as a separate class (excluding for purposes of such determination the number of I-Units that equal the number of Listed Shares and Voting Shares held by the General Partner and its Affiliates). Any such action by such the Limited Partners for removal of the General Partner must also provide for the election and succession of a successor new General Partner by Limited Partners holding at least a majority of the Outstanding UnitsPartner. Such removal shall be effective immediately following the admission of a the successor General Partner pursuant to Article XII. The removal of the General Partner shall also automatically constitute the removal of the General Partner as general partner of the other Group Members. If a person is elected as a successor General Partner in accordance with the terms of this Section 13.2, such person shall, upon admission pursuant to Article XII, automatically become the successor general partner of the other Group Members. The right of the Limited Partners holding Outstanding Units to remove the General Partner shall not exist or be exercised unless the Partnership has received an opinion Opinion of Counsel opining as to the matters covered by a Withdrawal Opinion of Counsel. Any successor General Partner elected in accordance with the terms of this Section 13.2 shall be subject to the provisions of Section 12.3.

Appears in 1 contract

Samples: Article Xvi Merger (Enbridge Energy Partners Lp)

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Removal of the General Partner. The General Partner may be removed if such removal is approved by Limited Partners holding the holders of at least two-thirds a majority of the Outstanding Common Units. Any such action by such Limited Partners holders for removal of the General Partner must also provide for the election of a successor General Partner by Limited Partners holding the holders of at least a majority of the Outstanding Common Units. Such removal shall be effective immediately following the admission of a successor General Partner pursuant to Article XIISection 10.3. The removal of the General Partner shall also automatically constitute the removal of the General Partner as general partner of the other Group Members. If a person Person is elected as a successor General Partner in accordance with the terms of this Section 13.211.2, such person Person shall, upon admission pursuant to Article XIISection 10.3, automatically become the successor general partner of the other Group Members. The right of the Limited Partners holding holders of Outstanding Common Units to remove the General Partner shall not exist or be exercised unless the Partnership has received an opinion opining as to the matters covered by a Withdrawal Opinion of Counsel. Any successor General Partner elected in accordance with the terms of this Section 13.2 11.2 shall be subject to the provisions of Section 12.310.3.

Appears in 1 contract

Samples: Suburban Propane Partners Lp

Removal of the General Partner. The General Partner may be removed if such removal receives Special Approval and is approved by Limited Partners Unitholders holding at least two-thirds 66?% of the Outstanding UnitsPartnership Units (including Partnership Units held by the General Partner and its Affiliates) voting as a single class. Any such action by such Limited Partners holders for removal of the General Partner must also provide for the election of a successor General Partner by Limited Partners the Unitholders holding at least a majority of the Outstanding UnitsPartnership Units (including Partnership Units held by the General Partner and its Affiliates) voting as a single class. Such removal shall be effective immediately following the admission of a successor General Partner pursuant to Article XII. The removal of the General Partner shall also automatically constitute the removal of the General Partner as general partner of the other Group Members. If a person is elected as a successor General Partner in accordance with the terms of this Section 13.2, such person shall, upon admission pursuant to Article XII, automatically become the successor general partner of the other Group Members10.3. The right of the Limited Partners holding holders of Outstanding Partnership Units to remove the General Partner shall not exist or be exercised unless the Partnership has received an opinion opining as to the matters covered by a Withdrawal Opinion of Counsel. Any successor General Partner elected in accordance with the terms of this Section 13.2 11.2 shall be subject to the provisions of Section 12.3Sections 10.2 and 10.3.

Appears in 1 contract

Samples: Article Xiv Merger (Enterprise GP Holdings L.P.)

Removal of the General Partner. The General Partner may be removed if such removal is approved by Limited Partners holding at least two-thirds of the Outstanding UnitsUnits (excluding for purposes of such determination Units owned by the General Partner and its Affiliates). Any such action by such Limited Partners for removal of the General Partner must also provide for the election and succession of a successor new General Partner by Limited Partners holding at least a majority of the Outstanding UnitsPartner. Such removal shall be effective immediately following the admission of a the successor General Partner pursuant to Article XII. The removal of the General Partner shall also automatically constitute the removal of the General Partner as general partner of the other Group MembersOperating Partnership, as provided in the Operating Partnership Agreement. If a person is The Person so elected as a successor General Partner in accordance with the terms of this Section 13.2, such person shall, upon admission pursuant to Article XII, shall automatically become the successor general partner of the other Group MembersOperating Partnership, as provided in the Operating Partnership Agreement. The right of the Limited Partners holding Outstanding Units to remove the General Partner shall not exist or be exercised unless the Partnership has received an opinion opining as to the matters covered by a Withdrawal Opinion of Counsel. Any such successor General Partner elected in accordance with the terms of this Section 13.2 shall be subject to the provisions of Section 12.312.2.

Appears in 1 contract

Samples: Kinder Morgan Management LLC

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