Common use of Enforceability of Organizational Documents Clause in Contracts

Enforceability of Organizational Documents. Each of the Partnership Agreement, the GP LLC Agreement and the limited liability company agreement of each of the Operating Subsidiaries, as applicable (collectively, the “Organizational Documents”), has been duly authorized, executed and delivered by any Partnership Entity party thereto, as applicable, and is a valid and legally binding agreement of such Partnership Entity party thereto, enforceable against such Partnership Entity in accordance with its terms; provided that, with respect to each agreement described in this Section 1(t), the enforceability thereof may be limited by (i) 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 (ii) public policy, applicable law relating to fiduciary duties and indemnification and an implied covenant of good faith and fair dealing.

Appears in 3 contracts

Samples: Underwriting Agreement (USA Compression Partners, LP), Underwriting Agreement (USA Compression Partners, LP), Underwriting Agreement (USA Compression Partners, LP)

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Enforceability of Organizational Documents. Each of the Partnership Agreement, the GP LLC Agreement limited liability company agreement of the General Partner and the limited liability company agreement of each of the Operating Subsidiaries, as applicable (collectively, the “Organizational Documents”), ) has been duly authorized, executed and delivered by any the applicable Partnership Entity party thereto, as applicable, thereto and is a valid and legally binding agreement of such the applicable Partnership Entity party thereto, enforceable against such Partnership Entity in accordance with its respective terms; provided that, with respect to each agreement described in this Section 1(t1(u), the enforceability thereof may be limited by (i) 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 (ii) public policy, applicable law relating to fiduciary duties and indemnification and an implied covenant of good faith and fair dealing.

Appears in 1 contract

Samples: Equity Distribution Agreement (USA Compression Partners, LP)

Enforceability of Organizational Documents. Each of the Partnership Agreement, the GP LLC Agreement and the The applicable limited liability company agreement agreements, partnership agreements and other organizational documents of each of the Partnership, the General Partner, the Operating Company and the Subsidiaries, as applicable (collectively, the “Organizational Documents”), has have been duly authorized, executed and delivered by any Holdings, the Partnership Entity Parties and Subsidiaries party thereto and, assuming the due authorization, valid execution and delivery by the other parties thereto, as applicable, and each is a valid and legally binding agreement of such the Partnership Entity Parties and Subsidiaries party thereto, enforceable against such Partnership Entity parties in accordance with its terms; provided that, with respect to each agreement described in this Section 1(t2(s), the enforceability thereof may be limited by (i) 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 (ii) public policy, any applicable law relating to fiduciary duties and indemnification and an implied covenant of good faith and fair dealing.

Appears in 1 contract

Samples: Equity Distribution Agreement (Southcross Energy Partners, L.P.)

Enforceability of Organizational Documents. Each of the Partnership Agreement, the GP LLC Agreement limited liability company agreement of the General Partner and the limited liability company agreement of each of the Operating Subsidiaries, as applicable (collectively, the “Organizational Documents”), ) has been duly authorized, executed and delivered by any the applicable Partnership Entity party thereto, as applicable, thereto and is a valid and legally binding agreement of such the applicable Partnership Entity party thereto, enforceable against such Partnership Entity in accordance with its respective terms; provided that, with respect to each agreement described in this Section 1(t), the enforceability thereof may be limited by (i) 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 (ii) public policy, applicable law relating to fiduciary duties and indemnification and an implied covenant of good faith and fair dealing.

Appears in 1 contract

Samples: Underwriting Agreement (USA Compression Partners, LP)

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Enforceability of Organizational Documents. Each of the Partnership Agreement, the GP LLC Agreement and the The applicable limited liability company agreement agreements, partnership agreements and other organizational documents of each of the Partnership, the General Partner, the Operating Company and the Subsidiaries, as applicable (collectively, the “Organizational Documents”), has have been duly authorized, executed and delivered by any Holdings, the Partnership Entity Parties and Subsidiaries party thereto and, assuming the due authorization, valid execution and delivery by the other parties thereto, as applicable, and each is a valid and legally binding agreement of such the Partnership Entity Parties and Subsidiaries party thereto, enforceable against such Partnership Entity parties in accordance with its terms; provided that, with respect to each agreement described in this Section 1(t1(x), the enforceability thereof may be limited by (i) 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 (ii) public policy, any applicable law relating to fiduciary duties and indemnification and an implied covenant of good faith and fair dealing.

Appears in 1 contract

Samples: Underwriting Agreement (Southcross Energy Partners, L.P.)

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