Amendments to Subsidiary Guaranty Sample Clauses

Amendments to Subsidiary Guaranty. Effective as of the date of satisfaction of the conditions precedent set forth in Section 3 below, the parties hereto agree that the Subsidiary Guaranty is hereby amended as follows: (a) Section 3 of the Subsidiary Guaranty is amended to add the parenthetical “(provided, however, that the definition of “Guaranteed Obligations” shall not create any guarantee by any Guarantor of any Excluded Swap Obligations of such Guarantor for purposes of determining any obligations of any Guarantor)” immediately following the phrase “all of the foregoing being referred to collectively as the “Guaranteed Obligations”“ appearing therein. (b) The Subsidiary Guaranty is amended to add the following as a new Section 26 thereto:

Amendments to Subsidiary Guaranty. Subject to the terms and conditions set forth herein, the Subsidiary Guaranty shall be amended such that after giving effect to all such amendments, it shall read in its entirety as set forth on Annex III attached hereto.

Amendments to Subsidiary Guaranty. The Subsidiary Guaranty is hereby amended as follows:

Amendments to Subsidiary Guaranty. Subject to the covenants, terms and conditions set forth herein and in reliance upon the representations and warranties set forth herein, the Subsidiary Guaranty is hereby amended as follows: (a) The following proviso is added to the end of the definition of “Guaranteed Liabilities” set forth in Section 1: ; provided that the Guaranteed Liabilities of a Subsidiary Guarantor shall exclude any Excluded Swap Obligations with respect to such Subsidiary Guarantor. (b) The following new Section 28 is added in appropriate numerical order:

Amendments to Subsidiary Guaranty. Subject to the terms and conditions hereof, the Subsidiary Guaranty is amended as follows, effective as of the Effective Date:

Amendments to Subsidiary Guaranty. Effective as of the Amendment No. 1 Effective Date, the Subsidiary Guaranty is hereby amended to add the following as new Sections 24 and 25 thereto:

Amendments to Subsidiary Guaranty. Subject to the terms and conditions set forth herein, the Subsidiary Guaranty is hereby amended as follows: (i) Any references to “Borrower” or “Borrowers” in the Subsidiary Guaranty shall refer to each Borrower and all of the Borrowers under the Credit Agreement, including, without limitation, after giving effect to the amendments to the Credit Agreement provided herein; and

Amendments to Subsidiary Guaranty. Subsidiary Guarantor hereby consents to this Amendment and acknowledges and agrees that from and after the Effective Date that the Subsidiary Guaranty is hereby amended as follows: (a) Section 6.14 of the Subsidiary Guaranty is hereby amended to delete Section 5.10 where it appears in such section and replace it with Section 5.11. (b) Section 6.15 of the Subsidiary Guaranty is hereby deleted in its entirety and replaced with the following: “Release of Guarantors. At the request and sole expense of the Borrower and the MLP: any Subsidiary of the MLP that is a Guarantor shall be released from its obligations hereunder in the event that (a) all of the Equity Interests of such Guarantor shall be sold, transferred or otherwise disposed of in a transaction permitted by the Reimbursement Agreement or (b) such Subsidiary does not guarantee any obligations of the MLP or any of its Subsidiaries under any Covered Material Indebtedness (including the Indenture), or any such Subsidiary is to be released from such guarantee of such Covered Material Indebtedness immediately following such Subsidiary’s release from its obligations hereunder, provided that the Borrower and the MLP shall have delivered to the Administrative Agent, at least ten Business Days prior to the date of the proposed release, a written request of a Responsible Officer of each of the Borrower and the MLP for release identifying the relevant Guarantor and the terms of the sale or other disposition or release from such guaranty, as the case may be, in reasonable detail, together with a certification by the Borrower and the MLP that such transaction is in compliance with the Reimbursement Agreement and the other Loan Documents and that at the time of such release, after giving effect to any other Subsidiary of the MLP becoming a party hereto, the Borrower and the MLP are in compliance with Section 5.11 of the Reimbursement Agreement and no Event of Default exists or would exist as a result of such release; provided further that if such Subsidiary is not released from such guarantee of such Covered Material Indebtedness within five (5) days of such Subsidiary’s release from the Subsidiary Guaranty, then such Subsidiary shall immediately become a party to the Subsidiary Guaranty.”

Amendments to Subsidiary Guaranty. The reference to “Kaneb Pipe Line Operating Partnership, L.P.” in the Subsidiary Guaranty is hereby amended to read “NuStar Pipeline Operating Partnership L.P.” and the reference to “Kaneb Pipe Line Company, LLC” in the Subsidiary Guaranty is hereby amended to read “NuStar Pipeline Company, LLC”.

Amendments to Subsidiary Guaranty. Section 1(c) of the Subsidiary Guaranty is amended by changing all references to “$50,000,000” in such Section with “$125,000,000”.