BUCKEYE PARTNERS, L.P. UNDERWRITING AGREEMENTUnderwriting Agreement • August 14th, 2009 • Buckeye Partners, L.P. • Pipe lines (no natural gas) • New York
Buckeye Partners, L.P., a Delaware limited partnership (the “Partnership”), proposes to issue and sell $275,000,000 aggregate principal amount of its 5.50% Notes due 2019 (the “Notes”) to the several underwriters named on Schedule 1 hereto (the “Underwriters”), for whom Barclays Capital Inc., SunTrust Robinson Humphrey, Inc., BNP Paribas Securities Corp. and Wells Fargo Securities, LLC are acting as representatives (the “Representatives”). The Notes will (i) have terms and provisions which are summarized in the Pricing Disclosure Package as of the Applicable Time and the Prospectus dated as of the date hereof (each as defined in Section 1(a) hereof) and (ii) be issued pursuant to an Indenture dated as of July 10, 2003 (the “Base Indenture”) between the Partnership and U.S. Bank National Association (as successor-in-interest to SunTrust Bank, a Georgia banking corporation), as trustee (the “Trustee”), as amended and supplemented by the Sixth Supplemental Indenture thereto to be entered
THIRD INCREASE AGREEMENT AND WAIVERThird Increase Agreement and Waiver • August 14th, 2009 • Buckeye Partners, L.P. • Pipe lines (no natural gas) • New York
THIRD INCREASE AGREEMENT AND WAIVER, dated as of August 12, 2009 (this “Agreement”), prepared pursuant to Section 4.1(b) of the Credit Agreement, dated as of May 20, 2008 (as amended, supplemented, extended or restated, or otherwise modified prior to the date hereof including by the First Amendment to the Credit Agreement dated as of July 18, 2008 (the “First Amendment”) and the Second Amendment and Increase Agreement dated as of September 15, 2008 (the “Second Amendment”), and as modified hereby, and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among BUCKEYE ENERGY SERVICES LLC, on behalf of itself and as the surviving entity of the merger of Farm & Home Oil Company LLC (“F&H”) with and into Buckeye Energy Services LLC (the “Borrower”), the several Lenders from time to time parties thereto, and BNP Paribas, as Administrative Agent (the “Administrative Agent”) and as collateral agent.
