Common use of Adjustments for Acquisitions Clause in Contracts

Adjustments for Acquisitions. For purposes of determining compliance with Sections 7.15(a), (b) and (c), to take into account Acquisitions occurring prior to the Restatement Date as well as Permitted Acquisitions occurring after the Restatement Date: (i) Consolidated EBITDA shall be calculated after giving effect, on a pro forma basis (in a manner reasonably acceptable to the Administrative Agent) for the four consecutive fiscal quarters most recently completed, to any Permitted Acquisition occurring during such period, as if such Permitted Acquisition occurred on the first day of such period. (ii) If, in connection with a Permitted Acquisition, any Indebtedness is incurred or assumed by a Company, then Consolidated Interest Charges shall be calculated, on a pro forma basis (in a manner reasonably acceptable to the Administrative Agent) for the four quarters most recently completed, as if such Indebtedness had been incurred on the first day of such period. (iii) Consolidated EBITDA with respect to the Companies acquired in the Javelina Acquisition will be adjusted for periods prior to September 30, 2005, based on current percentage of liquids processing arrangements, as if such arrangements had been in place for such prior periods (such adjusted Consolidated EBITDA for such Companies herein called the “Adjusted Javelina EBITDA”).

Adjustments for Acquisitions. For purposes of determining compliance with Sections 7.15(a7.15(b), (bc) and (cd), to take into account Acquisitions occurring prior to the Restatement Date as well as the Javelina Acquisition and Permitted Acquisitions occurring after the Restatement Date: (i) Consolidated EBITDA shall be calculated after giving effect, on a pro forma basis (in a manner reasonably acceptable to the Administrative Agent) for the four consecutive fiscal quarters most recently completed, to any Permitted Acquisition occurring during such period, as if such Permitted Acquisition occurred on the first day of such period. (ii) If, in connection with a Permitted Acquisition, any Indebtedness is incurred or assumed by a Company, then Consolidated Interest Charges shall be calculated, on a pro forma basis (in a manner reasonably acceptable to the Administrative AgentRequired Lenders) for the four quarters most recently completed, as if such Indebtedness had been incurred on the first day of such period. (iii) Consolidated EBITDA with respect to the Companies acquired in the Javelina Acquisition will be adjusted for periods prior to September 30, 2005, based on current percentage of liquids processing arrangements, as if such arrangements had been in place for such prior periods (such adjusted Consolidated EBITDA for such Companies herein called the “Adjusted Javelina EBITDA”).