Common use of Elimination of Restrictions to Transaction Clause in Contracts

Elimination of Restrictions to Transaction. Notwithstanding anything in this Agreement to the contrary, upon the consent of limited partners holding a majority of the outstanding partnership interests in the partnership, which consent may or may not be the same consent to the adoption of an amendment to this Agreement, no provision of this Agreement shall prohibit, limit or prevent: (a) the merger or consolidation of the partnership, including the mergers described in the Proxy Statement, with any other domestic limited partnership or other business entity, as those terms are defined in the Delaware Revised Uniform Limited Partnership Act, and (b) the consummation of the mergers described in the Proxy Statement. In addition, no consent of the partnership, Pioneer USA or any partner or other procedure, including the delivery of opinions of counsel, shall be required in order to enable the partnership, Pioneer USA or any partner to effect the mergers.

Elimination of Restrictions to Transaction. Notwithstanding anything in this Agreement to the contrary, upon the consent of limited partners holding a majority of the outstanding partnership interests in the partnership, which consent may or may not be the same consent to the adoption of an amendment to this Agreement, no provision of this Agreement shall prohibit, limit or prevent: (a) the merger or consolidation of the partnership, including the mergers described in the Proxy Statement, with any other domestic limited partnership or other business entity, as those terms are defined in the Delaware Texas Revised Uniform Limited Partnership Act, and (b) the consummation of the mergers described in the Proxy Statement. In addition, no consent of the partnership, Pioneer USA or any partner or other procedure, including the delivery of opinions of counsel, shall be required in order to enable the partnership, Pioneer USA or any partner to effect the mergers.