Throughput Agreements. Notwithstanding the fact that neither Grantor nor Xxxxx is a party to the Throughput Agreement in effect as of the date of this Agreement, for the purpose of this Agreement, (a) Grantor agrees to be bound by the terms of the Throughput Agreement to which ____________________ is bound, and (b) ____________________ agrees to be bound by the terms of the Throughput Agreement to which ____________________ is bound. Grantor and Xxxxx acknowledge that (i) Grantor is a wholly-owned subsidiary of ____________________, (ii) ____________________ is a wholly-owned subsidiary of Xxxxx, and (iii) the Throughput Agreement governs the operation of the pipelines that constitute a portion of the collateral under the Xxxxx Mortgage, and, as a result, both Grantor and Xxxxx will receive substantial benefit in connection with the Throughput Agreement. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
Throughput Agreements. Notwithstanding the fact that neither Grantor nor Beneficiary is a party to the Throughput Agreement in effect as of the date of this Deed of Trust, for purposes of this Deed of Trust, (a) Grantor agrees to be bound by the terms of the Throughput Agreement to which ____________________ is bound, and (b) by accepting this Deed of Trust, Beneficiary agrees to be bound by the terms of the Throughput Agreement to which ____________________is bound. Grantor acknowledges, and by accepting this Deed of Trust Beneficiary acknowledges, that (i) Grantor is a wholly-owned subsidiary of ____________________, (ii) ____________________ is a wholly-owned subsidiary of Beneficiary, and (iii) the Throughput Agreement governs the operation of the Assets that constitute a portion of the collateral under this Deed of Trust, and, as a result, both Grantor and Beneficiary will receive substantial benefit in connection with the Throughput Agreement. [NOTE: This paragraph is subject to revision or deletion to account for the parties to the applicable Throughput Agreement.] WITNESS THE EXECUTION HEREOF as of the date first above written. ____________________ By: ____________________, its ____________ By: Name: Title: EMPLOYER IDENTIFICATION NUMBER OF GRANTOR: ____________________ ORGANIZATIONAL NUMBER OF GRANTOR: ____________________ Signature Pages — Subordinated Mortgage THE STATE OF __________ § § COUNTY OF ____________ § This instrument was acknowledged before me on ____________________, 201__, by ____________________, ____________________of ____________________, a ____________________, ____________________of ____________________, a ____________________, on behalf of said ___________________. Notary Public, State of __________ My Commission Expires: Acknowledgment Pages — Subordinated Mortgage EXHIBIT A ASSETS EXHIBIT B REAL PROPERTY ATTACHMENT 1 FORM OF SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT After recording, return to: ____________________ ____________________ ____________________ ____________________ SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT This Subordination, Non-Disturbance and Attornment Agreement (this “Agreement”) is executed effective as of December ___, 201__, among ____________________, in its capacity as administrative agent (or any assignee of or successor to such administrative agent) under the Credit Agreement (as defined below) and on behalf of the Credit Parties (as defined below) (“Administrative Agent”), and ___________________...
Throughput Agreements. Notwithstanding the fact that neither Grantor nor Beneficiary is a party to the Throughput Agreement in effect as of the date of this Deed of Trust, for purposes of this Deed of Trust, (a) Grantor agrees to be bound by the terms of the Throughput Agreement to which HEP Operating is bound, and (b) by accepting this Deed of Trust, Beneficiary agrees to be bound by the terms of the Throughput Agreement to which Navajo Refining is bound. Xxxxxxx acknowledges, and by accepting this Deed of Trust Beneficiary acknowledges, that (i) Grantor is a wholly-owned subsidiary of HEP Operating, (ii) Navajo Refining is a wholly-owned subsidiary of Beneficiary, and (iii) the Throughput Agreement governs the operation of the Pipelines that constitute a portion of the collateral under this Deed of Trust, and, as a result, both Grantor and Beneficiary will receive substantial benefit in connection with the Throughput Agreement. WITNESS THE EXECUTION HEREOF as of the date first above written. ROADRUNNER PIPELINE, L.L.C. By: XXXXX ENERGY PARTNERS — OPERATING, L.P., its sole member By: HEP LOGISTICS GP, L.L.C., its general partner By: XXXXX ENERGY PARTNERS, L.P., its sole member By: HEP LOGISTICS HOLDINGS, L.P., its general partner By: XXXXX LOGISTIC SERVICES, L.L.C., its general partner By: Xxxxx X. Xxxxx, Senior Vice President EMPLOYER IDENTIFICATION NUMBER OF GRANTOR: 00-0000000 ORGANIZATIONAL NUMBER OF GRANTOR: 4558001 Signature Page — Subordinated Mortgage (Roadrunner — New Mexico) THE STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on , 2009, by Xxxxx X. Xxxxx, Senior Vice President of Xxxxx Logistic Services, L.L.C., a Delaware limited liability company, general partner of HEP Logistics Holdings, L.P., a Delaware limited partnership, general partner of Xxxxx Energy Partners, L.P., a Delaware limited partnership, sole member of HEP Logistics GP, L.L.C., a Delaware limited liability company, general partner of Xxxxx Energy Partners — Operating, L.P., a Delaware limited partnership, sole member of Roadrunner Pipeline, L.L.C., a Delaware limited liability company, on behalf of said limited liability companies and limited partnerships. Notary Public, State of Texas My Commission Expires: Acknowledgment Pages — Subordinated Mortgage (Roadrunner — New Mexico) EXHIBIT A PIPELINE FEE LAND None. EXHIBIT B PIPELINE LEASES None EXHIBIT C PIPELINE EASEMENTS AND GRANTS ROADRUNNER — NEW MEXICO Original Document Recording Original Grantor Grantee Document ...
Throughput Agreements. 39 Section 5.8 No Material Adverse Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Section 5.9 Title Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Section 5.10 Subsidiary Partnership Debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Section 5.11 Subsidiary Partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Section 5.12. Right-of-Way Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Throughput Agreements. There shall be included in the Material Contracts with respect to each of the Jacksonville, Piney Point, Farragut Street, and Brunswick Terminals throughput agreements for petroleum products with SPC or some other financially sound Person reasonably acceptable to Purchaser in the form attached as Exhibit 5.7, which shall be executed and become effective by Closing.
Throughput Agreements. Notwithstanding the fact that Xxxxx is not a party to the Throughput Agreement in effect as of the date of this Agreement, for the purpose of this Agreement, Xxxxx agrees to be bound by the terms of the Throughput Agreement to which Frontier Refining is bound. Xxxxx acknowledges that (i) Frontier Refining is a wholly-owned subsidiary of Xxxxx, and (ii) the Throughput Agreement governs the operation of the pipelines that constitute a portion of the collateral under the Xxxxx Mortgage, and, as a result, Xxxxx will receive substantial benefit in connection with the Throughput Agreement. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
Throughput Agreements. Notwithstanding the fact that Xxxxx is not a party to the Throughput Agreement in effect as of the date of this Agreement, for the purpose of this Agreement, Xxxxx agrees to be bound by the terms of the Throughput Agreement to which Frontier El Dorado is bound. Xxxxx acknowledges that (i) Frontier El Dorado is a wholly-owned subsidiary of Xxxxx, and (ii) the Throughput Agreement governs the operation of the pipelines that constitute a portion of the collateral under the Xxxxx Mortgage, and, as a result, Xxxxx will receive substantial benefit in connection with the Throughput Agreement.
Throughput Agreements. Each of the Parties acknowledges and agrees that Blackjewel is providing certain coal handling, storage, processing, and loading services to Counterparty pursuant to the Throughput Agreements and that the Loading Fee (as defined in the Throughput Agreements) is included in the Base Price stated in any Confirmation. Notwithstanding anything to the contrary in the Agreement or any Throughput Agreement, each of the Parties acknowledges and agrees that the Loading Fee shall be Three Dollars ($3.00) per ton and the Parties shall negotiate in good faith after the date hereof to promptly amend and restate the applicable Throughput Agreements (or enter into new Throughput Agreements) to reflect such Loading Fee and the other terms of the Agreement.
