Enforceability of Indenture. The execution and delivery of, and the performance by Spectra Capital and Spectra Energy of their respective obligations under, the Indenture have been duly and validly authorized by each of Spectra Capital and Spectra Energy, and the Base Indenture constitutes, and the Supplemental Indenture, assuming due authorization, execution and delivery thereof by the Trustee, when executed and delivered by Spectra Capital and Spectra Energy, will constitute, a valid and legally binding agreement of Spectra Capital and Spectra Energy, enforceable against Spectra Capital and Spectra Energy in accordance with its terms; provided that, the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). The Indenture is duly qualified under the Trust Indenture Act.
Enforceability of Indenture. The Base Indenture has been duly authorized, executed and delivered by (i) the Partnership and (ii) the predecessor of EPO and EPO, as applicable. The execution and delivery of, and the performance by EPO and the Partnership of their respective obligations under, the Supplemental Indenture have been duly and validly authorized by each of EPO and the Partnership. The Indenture, assuming due authorization, execution and delivery of the Base Indenture and the Supplemental Indenture by the Trustee, and when EPO and the Partnership have duly executed and delivered the Supplemental Indenture, will constitute a valid and legally binding agreement of EPO and the Partnership, enforceable against EPO and the Partnership in accordance with its terms; provided that, the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). The Base Indenture is duly qualified under the Trust Indenture Act.
Enforceability of Indenture. The execution and delivery of, and the performance by the Operating Partnership and the Partnership of their respective obligations under the Indenture have been duly and validly authorized by each of the Operating Partnership and the Partnership, and, at the Delivery Date, the Indenture will be duly qualified under the Trust Indenture Act, and the Indenture, assuming due authorization, execution and delivery thereof by the Trustee, when executed and delivered by the Operating Partnership and the Partnership, will constitute a valid and legally binding agreement of the Partnership (to the extent set forth in the Supplemental Indenture) and the Operating Partnership enforceable against the Operating Partnership and the Partnership in accordance with its terms; provided that, the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).
Enforceability of Indenture. Each of the Base Indenture and the Thirty-Seventh Supplemental Indenture has been duly authorized, executed and delivered by the Partnership and the predecessor of EPO and EPO, as applicable. The Indenture, assuming due authorization, execution and delivery of the Base Indenture and the Thirty-Seventh Supplemental Indenture by the Original Trustee and Series Trustee, as applicable, will constitute a valid and legally binding agreement of EPO and the Partnership, enforceable against EPO and the Partnership in accordance with its terms; provided that, the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). The Indenture is duly qualified under the Trust Indenture Act.
Enforceability of Indenture. The Base Indenture has been duly authorized, executed and delivered by (i) the Partnership and (ii) the predecessor of the Operating LLC and the Operating LLC, as applicable. The execution and delivery of, and the performance by the Operating LLC and the Partnership of their respective obligations under, the Supplemental Indenture have been duly and validly authorized by each of the Operating LLC and the Partnership. The Indenture, assuming due authorization, execution and delivery of the Base Indenture and the Supplemental Indenture by the Trustee, and when the Operating LLC and the Partnership have duly executed and delivered the Supplemental Indenture, will constitute a valid and legally binding agreement of the Operating LLC and the Partnership, enforceable against the Operating LLC and the Partnership in accordance with its terms; provided that, the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). The Base Indenture is duly qualified under the Trust Indenture Act.
Enforceability of Indenture. The Original Indenture has been duly authorized, executed and delivered by the Partnership and the predecessor of EPO. The Tenth Supplemental Indenture has been duly authorized, executed and delivered by the Partnership, the predecessor of EPO and EPO. The execution and delivery of, and the performance by EPO and the Partnership of their respective obligations under, the Twenty-Ninth Supplemental Indenture have been duly and validly authorized by each of EPO and the Partnership. Assuming due authorization, execution and delivery of the Original Indenture, the Tenth Supplemental Indenture and the Twenty-Ninth Supplemental Indenture by the Trustee, when EPO and the Partnership have duly executed and delivered the Twenty-Ninth Supplemental Indenture, the Indenture will constitute a valid and legally binding agreement of EPO and the Partnership, enforceable against EPO and the Partnership in accordance with its terms; provided that, the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). The Indenture is duly qualified under the Trust Indenture Act.
Enforceability of Indenture. The execution and delivery of, and the performance by the Operating LLC and the Partnership of their respective obligations under the Indenture have been duly and validly authorized by each of the Operating LLC and the Partnership, and the Indenture, assuming due authorization, execution and delivery thereof by the Trustee, when executed and delivered by the Operating LLC and the Partnership, will constitute a valid and legally binding agreement of the Operating LLC and the Partnership, enforceable against the Operating LLC and the Partnership in accordance with its terms; provided that, the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). The Indenture is duly qualified under the Trust Indenture Act.
Enforceability of Indenture. The execution and delivery of, and the performance by the Operating Partnership and the Partnership of their respective obligations under the Indenture have been duly and validly authorized by each of the Operating Partnership and the Partnership, and the Indenture, assuming due authorization, execution and delivery thereof by the Trustee, when executed and delivered by the Operating Partnership and the Partnership, will constitute a valid and legally binding agreement of the Operating Partnership and the Partnership, enforceable against the Operating Partnership and the Partnership in accordance with its terms; provided that, the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).
Enforceability of Indenture. The execution and delivery of, and the performance by the Partnership and the Operating Partnership of their respective obligations under, the Indenture have been duly and validly authorized by each of the Partnership and the Operating Partnership, and the Indenture, assuming due authorization, execution and delivery thereof by the Trustee, when executed and delivered by the Partnership and the Operating Partnership, will constitute the valid and legally binding agreement of the Partnership and the Operating Partnership, enforceable against the Partnership and the Operating Partnership in accordance with its terms; the Debt Securities have been duly authorized for issuance and sale to the Underwriters, and, when executed by the Partnership and the Operating Partnership and authenticated by the Trustee in accordance with the provisions of the Indenture and delivered to and paid for by the Underwriters, will have been duly executed and delivered by each of the Operating Partnership and the Partnership and will constitute the valid and legally binding obligations of the Operating Partnership and the Partnership entitled to the benefits of the Indenture; provided that the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors' rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law) and except as rights to indemnity and contribution hereunder may be limited by federal or state securities laws.
Enforceability of Indenture. The execution and delivery of, and the performance by each of NuStar Logistics, the Partnership and NPOP of their respective obligations under the Indenture have been duly and validly authorized by each of NuStar Logistics, the Partnership and NPOP, and, at the Delivery Date, the Indenture will be duly qualified under the Trust Indenture Act of 1939, as amended, and the Rules and Regulations of the Commission thereunder (collectively, the “Trust Indenture Act”), and the Indenture, assuming due authorization, execution and delivery thereof by the Trustee, when executed and delivered by each of NuStar Logistics, the Partnership and NPOP, will constitute a valid and legally binding agreement of the Partnership and NPOP (to the extent set forth in the Supplemental Indenture) and NuStar Logistics enforceable against each of NuStar Logistics, the Partnership and NPOP in accordance with its terms; provided that, the enforceability thereof may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).
