Eligible Issuer. (i) At the earliest time after the filing of the Registration Statement that the Partnership or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Units and (ii) as of the Execution Time (with such date being used as the determination date for purposes of this clause (ii)), the Partnership was not and is not an Ineligible Issuer (as defined in Rule 405), without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Partnership be considered an Ineligible Issuer.
Appears in 4 contracts
Sources: Underwriting Agreement (Oiltanking Partners, L.P.), Underwriting Agreement (Targa Resources Partners LP), Underwriting Agreement (DCP Midstream Partners, LP)
Eligible Issuer. (i) At the earliest time after the time of filing of the Registration Statement that the Partnership or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Units and (ii) as of the Execution Applicable Time (with such date being used as the determination date for purposes of this clause (ii)), the Partnership was not and is not an Ineligible Issuer (as defined in Rule 405), without taking account of any determination by the Commission pursuant to Rule 405 that it is not necessary that the Partnership be considered an Ineligible Issuer.
Appears in 3 contracts
Sources: Purchase Agreement (Cheniere Energy Partners, L.P.), Underwriting Agreement (Cheniere Energy Partners, L.P.), Underwriting Agreement (Cheniere Energy Partners, L.P.)