Examples of Third Amended and Restated Partnership Agreement in a sentence
In accordance with Sections 13.3(b) and 13.3(c) of the Third Amended and Restated Partnership Agreement, the General Partner, in its individual capacity as the sole holder of the General Partner Interest and the Incentive Distribution Rights, hereby consents to and approves the amendments to the Third Amended and Restated Partnership Agreement to be effected by the Fourth Amended and Restated Partnership Agreement.
The Limited Partner Interests represented by the Common Units and Series A Preferred Units have been duly authorized and issued in accordance with the Third Amended and Restated Partnership Agreement and are fully paid (to the extent required under the Third Amended and Restated Partnership Agreement) and non-assessable (except as such non-assessability may be affected by Sections 17-303, 17-607, and 17-804 of the Delaware Act).
If, under Section 16.3 of the Third Amended and Restated Partnership Agreement of Black Beauty Coal Company referenced above, as amended, (the "Thoroughbred Purchase Provisions"), Thoroughbred is obligated to purchase the interest of BBR, Thoroughbred shall have the obligation to purchase all right, title and interest of BBR in the Partnership.
Concurrently with and contingent upon the Closing, the General Partner shall cause the Third Amended and Restated Partnership Agreement to be duly amended and restated in its entirety (acting pursuant to its authority in Sections 13.1(d) and 13.1(g) of the Third Amended and Restated Partnership Agreement) in substantially the form set forth in Exhibit A attached hereto (as amended and restated, the “Fourth Amended and Restated Partnership Agreement”).
Each of the other capitalized terms used in this Agreement has the meaning set forth in the Third Amended and Restated Partnership Agreement.
Except as expressly contemplated by this Agreement, the Third Amended and Restated Partnership Agreement, the MICA, as otherwise disclosed in MPLX’s reports filed with the Securities and Exchange Commission, or pursuant to MPLX’s incentive compensation plans, there are no issued or outstanding commitments of the Partnership with respect to any equity securities of MPLX, and MPLX does not have any commitments to authorize, issue or sell any such equity securities or commitments.
The General Partner Interests represented by the General Partner Units have been duly authorized and issued in accordance with the Third Amended and Restated Partnership Agreement.
The number of Preferred Units issuable upon conversion pursuant to this Section 3(a) shall be determined by dividing (x) such outstanding Principal and accrued and unpaid Interest at the Maturity Date by (y) the Series A Conversion Price (as defined in the Third Amended and Restated Partnership Agreement) as of the Maturity Date.
Seller's limited partnership interest shall be subject to all terms and conditions of the Revised Third Amended and Restated Partnership Agreement of Purchaser dated as of December 1, 1997.
Proposal No. 2: Proposal to Approve and Adopt the Third Amended and Restated Partnership AgreementThis proposal is to approve and adopt the Third Amended and Restated Partnership Agreement, effective as of [●], 2017.