Conditions to Obligations of the Partnership. The obligation of the Partnership to redeem the Option Units on the Option Closing Date is subject to the satisfaction of the following conditions: (i) The closing contemplated in Section 2 of the Underwriting Agreement shall have occurred with respect to the Option Units; (ii) No action, claim, suit, hearing, complaint, demand, injunction, litigation, judgment, arbitration, order, decree, ruling or governmental investigation or proceeding is then pending or threatened by any court or Governmental Entity, and no such court or Governmental Entity shall have issued any injunction, judgment or order, which shall remain in effect, that would prevent consummation of the Option Redemption; provided, however, that the parties hereto shall use their reasonable best efforts to have any such injunction, judgment or order vacated or reversed; (iii) The representations and warranties of the Initial Limited Partners contained in Section 16.3 and in any certificate or other writing delivered by the Initial Limited Partners pursuant hereto shall be true in all material respects at and as of the Option Closing Date, as if made at and as of such date.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Energy Transfer LP), Limited Partnership Agreement, Limited Partnership Agreement (Energy Transfer Equity, L.P.)
Conditions to Obligations of the Partnership. The obligation of the Partnership to redeem the Option IPO Upsize Units on the Option Closing Date is subject to the satisfaction of the following conditions:
(i) The closing contemplated in Section 2 of the Underwriting Agreement shall have occurred with respect to the Option IPO Upsize Units;
(ii) No action, claim, suit, hearing, complaint, demand, injunction, litigation, judgment, arbitration, order, decree, ruling or governmental investigation or proceeding is then pending or threatened by any court or Governmental Entity, and no such court or Governmental Entity shall have issued any injunction, judgment or order, which shall remain in effect, that would prevent consummation of the Option IPO Upsize Redemption; provided, however, that the parties hereto shall use their reasonable best efforts to have any such injunction, judgment or order vacated or reversed;
(iii) The representations and warranties of the Initial Limited Partners contained in Section 16.3 and in any certificate or other writing delivered by the Initial Limited Partners pursuant hereto shall be true in all material respects at and as of the Option Closing Date, as if made at and as of such date.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Energy Transfer LP), Limited Partnership Agreement (Energy Transfer Equity, L.P.)