Common use of Authorization and Enforceability of the Indenture Clause in Contracts

Authorization and Enforceability of the Indenture. The Indenture (i) has been duly authorized by the General Partner on behalf of the Partnership, (ii) has been duly qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”), and (iii) conforms to the description thereof in the Pricing Disclosure Package and the Prospectus. As of the Closing Date, the Base Indenture and the Fifth Supplemental Indenture will have been duly executed and delivered by the General Partner on behalf of the Partnership. The Base Indenture constitutes and, when duly executed and delivered by the General Partner on behalf of the Partnership and the Trustee, the Fifth Supplemental Indenture will constitute a valid and legally binding agreement of the Partnership, enforceable against the Partnership in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization or similar laws relating to or affecting creditors’ rights generally, by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law) or by considerations of public policy.

Appears in 1 contract

Samples: Underwriting Agreement (Buckeye Partners L P)

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Authorization and Enforceability of the Indenture. The Indenture (i) has been duly authorized by the General Partner on behalf of the Partnership, (ii) has been duly qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”), and (iii) conforms to the description thereof in the Pricing Disclosure Package and the Prospectus. As of the Closing Date, the Base Indenture and the Fifth Twelfth Supplemental Indenture will have been duly executed and delivered by the General Partner on behalf of the Partnership. The Base Indenture constitutes and, when duly executed and delivered by the General Partner on behalf of the Partnership and the Trustee, the Fifth Twelfth Supplemental Indenture will constitute a valid and legally binding agreement of the Partnership, enforceable against the Partnership in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization reorganization, moratorium, fraudulent conveyance or transfer or similar laws relating to or affecting creditors’ rights generally, by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law) or by considerations of public policy.

Appears in 1 contract

Samples: Underwriting Agreement (Buckeye Partners, L.P.)

Authorization and Enforceability of the Indenture. The Indenture (i) has been duly authorized by the General Partner on behalf of the Partnership, (ii) has been duly qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”), and (iii) conforms to the description thereof in the Pricing Disclosure Package and the Prospectus. As of the Closing Date, the Base Indenture and the Fifth Eighth Supplemental Indenture will have been duly executed and delivered by the General Partner on behalf of the Partnership. The Base Indenture constitutes and, when duly executed and delivered by the General Partner on behalf of the Partnership and the Trustee, the Fifth Eighth Supplemental Indenture will constitute a valid and legally binding agreement of the Partnership, enforceable against the Partnership in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization reorganization, moratorium, fraudulent conveyance or transfer or similar laws relating to or affecting creditors’ rights generally, by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law) or by considerations of public policy.

Appears in 1 contract

Samples: Underwriting Agreement (Buckeye Partners, L.P.)

Authorization and Enforceability of the Indenture. The Indenture (i) has been duly authorized by the General Partner on behalf of the Partnership, (ii) has been duly qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”), and (iii) conforms to the description thereof in the Pricing Disclosure Package and the Prospectus. As of the Closing Date, the Base Indenture and the Fifth Seventh Supplemental Indenture will have been duly executed and delivered by the General Partner on behalf of the Partnership. The Base Indenture constitutes and, when duly executed and delivered by the General Partner on behalf of the Partnership and the Trustee, the Fifth Seventh Supplemental Indenture will constitute a valid and legally binding agreement of the Partnership, enforceable against the Partnership in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization reorganization, moratorium, fraudulent conveyance or transfer or similar laws relating to or affecting creditors’ rights generally, by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law) or by considerations of public policy.

Appears in 1 contract

Samples: Underwriting Agreement (Buckeye Partners, L.P.)

Authorization and Enforceability of the Indenture. The Indenture (i) has been duly authorized by the General Partner on behalf of the Partnership, (ii) has been duly qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”), and (iii) conforms to the description thereof in the Pricing Disclosure Package and the Prospectus. As of the Closing Date, the Base Indenture and the Fifth Eleventh Supplemental Indenture will have been duly executed and delivered by the General Partner on behalf of the Partnership. The Base Indenture constitutes and, when duly executed and delivered by the General Partner on behalf of the Partnership and the Trustee, the Fifth Eleventh Supplemental Indenture will constitute a valid and legally binding agreement of the Partnership, enforceable against the Partnership in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization reorganization, moratorium, fraudulent conveyance or transfer or similar laws relating to or affecting creditors’ rights generally, by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law) or by considerations of public policy.

Appears in 1 contract

Samples: Underwriting Agreement (Buckeye Partners, L.P.)

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Authorization and Enforceability of the Indenture. The Indenture (i) has been duly authorized by the General Partner on behalf of the Partnership, (ii) has been duly qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”), and (iii) conforms to the description thereof in the Pricing Disclosure Package and the Prospectus. As of the Closing Date, the Base Indenture and the Fifth First Supplemental Indenture will have been duly executed and delivered by the General Partner on behalf of the Partnership. The Base Indenture constitutes and, when When duly executed and delivered by the General Partner on behalf of the Partnership and the Trustee, each of the Fifth Base Indenture and the First Supplemental Indenture will constitute a valid and legally binding agreement of the Partnership, enforceable against the Partnership in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization reorganization, moratorium, fraudulent conveyance or transfer or similar laws relating to or affecting creditors’ rights generally, by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law) or by considerations of public policy.

Appears in 1 contract

Samples: Underwriting Agreement (Buckeye Partners, L.P.)

Authorization and Enforceability of the Indenture. The Indenture (i) has been duly authorized by the General Partner on behalf of the Partnership, (ii) has been duly qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”), and (iii) conforms to the description thereof in the Pricing Disclosure Package and the Prospectus. As of the Closing Date, the Base Indenture and the Fifth Ninth Supplemental Indenture will have been duly executed and delivered by the General Partner on behalf of the Partnership. The Base Indenture constitutes and, when duly executed and delivered by the General Partner on behalf of the Partnership and the Trustee, the Fifth Ninth Supplemental Indenture will constitute a valid and legally binding agreement of the Partnership, enforceable against the Partnership in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization reorganization, moratorium, fraudulent conveyance or transfer or similar laws relating to or affecting creditors’ rights generally, by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law) or by considerations of public policy.

Appears in 1 contract

Samples: Underwriting Agreement (Buckeye Partners, L.P.)

Authorization and Enforceability of the Indenture. The Indenture (i) has been duly authorized by the General Partner on behalf of the Partnership, (ii) has been duly qualified under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”), and (iii) conforms to the description thereof in the Pricing Disclosure Package and the Prospectus. As of the Closing Date, the Base Indenture and the Fifth Sixth Supplemental Indenture will have been duly executed and delivered by the General Partner on behalf of the Partnership. The Base Indenture constitutes and, when duly executed and delivered by the General Partner on behalf of the Partnership and the Trustee, the Fifth Sixth Supplemental Indenture will constitute a valid and legally binding agreement of the Partnership, enforceable against the Partnership in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization or similar laws relating to or affecting creditors’ rights generally, by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at law) or by considerations of public policy.

Appears in 1 contract

Samples: Underwriting Agreement (Buckeye Partners, L.P.)

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