Common use of Restrictions on Issuance or Transfer of Units Clause in Contracts

Restrictions on Issuance or Transfer of Units. The obligation of the Company to deliver Units upon distribution of the Phantom Units shall be subject to the condition that if at any time the Committee shall determine in its discretion that the listing, registration or qualification of the Units upon any securities exchange or under any state or federal law, or the consent or approval of any governmental regulatory body is necessary or desirable as a condition of, or in connection with, the issuance of the Units, the Units may not be issued in whole or in part unless such listing, registration, qualification, consent or approval shall have been effected or obtained free of any conditions not acceptable to the Committee. In the event an exemption from registration under the Securities Act of 1933 (the “Securities Act”) is available, the Participant, if requested by the Company to do so, will execute and deliver to the Company in writing an agreement containing such provisions as the Company may require to assure compliance with applicable securities laws. No sale or disposition of Units acquired pursuant to this grant by the Participant shall be made in the absence of an effective registration statement under the Securities Act with respect to such Units unless an opinion of counsel satisfactory to the Company that such sale or disposition will not constitute a violation of the Securities Act or any other applicable securities laws is first obtained.

Appears in 13 contracts

Samples: Phantom Unit Grant Agreement (Buckeye Partners, L.P.), Phantom Unit Grant Agreement (Buckeye Partners, L.P.), Deferral and Incentive Plan (Buckeye Partners, L.P.)

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Restrictions on Issuance or Transfer of Units. The obligation of the Company to deliver Units upon distribution of the Phantom Performance Units shall be subject to the condition that if at any time the Committee shall determine in its discretion that the listing, registration or qualification of the Units upon any securities exchange or under any state or federal law, or the consent or approval of any governmental regulatory body is necessary or desirable as a condition of, or in connection with, the issuance of the Units, the Units may not be issued in whole or in part unless such listing, registration, qualification, consent or approval shall have been effected or obtained free of any conditions not acceptable to the Committee. In the event an exemption from registration under the Securities Act of 1933 (the “Securities Act”) is available, the Participant, if requested by the Company to do so, will execute and deliver to the Company in writing an agreement containing such provisions as the Company may require to assure compliance with applicable securities laws. No sale or disposition of Units acquired pursuant to this grant by the Participant shall be made in the absence of an effective registration statement under the Securities Act with respect to such Units unless an opinion of counsel satisfactory to the Company that such sale or disposition will not constitute a violation of the Securities Act or any other applicable securities laws is first obtained.

Appears in 4 contracts

Samples: Performance Unit Grant Agreement (Buckeye Partners, L.P.), Performance Unit Grant Agreement (Buckeye Partners, L.P.), Performance Unit Grant Agreement (Buckeye Partners, L.P.)

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Restrictions on Issuance or Transfer of Units. The obligation of the Company General Partner to deliver Units upon distribution of the Phantom Performance Units shall be subject to the condition that if at any time the Committee shall determine in its discretion that the listing, registration or qualification of the Units upon any securities exchange or under any state or federal law, or the consent or approval of any governmental regulatory body is necessary or desirable as a condition of, or in connection with, the issuance of the Units, the Units may not be issued in whole or in part unless such listing, registration, qualification, consent or approval shall have been effected or obtained free of any conditions not acceptable to the Committee. In the event an exemption from registration under the Securities Act of 1933 (the “Securities Act”) is available, the ParticipantService Provider, if requested by the Company General Partner to do so, will execute and deliver to the Company General Partner in writing an agreement containing such provisions as the Company General Partner may require to assure compliance with applicable securities laws. No sale or disposition of Units acquired pursuant to this grant by the Participant Service Provider shall be made in the absence of an effective registration statement under the Securities Act with respect to such Units unless an opinion of counsel satisfactory to the Company General Partner that such sale or disposition will not constitute a violation of the Securities Act or any other applicable securities laws is first obtained.

Appears in 1 contract

Samples: Performance Unit Grant Agreement (Crestwood Midstream Partners LP)

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