Common use of Formation, Good Standing and Qualification of Buckeye Terminals Clause in Contracts

Formation, Good Standing and Qualification of Buckeye Terminals. Buckeye Terminals, LLC, a Delaware limited liability company (“Buckeye Terminals”), has been duly formed and is validly existing as a limited liability company in good standing under the laws of the jurisdiction in which it is organized, with full limited liability company power and authority to own or lease, as the case may be, and to operate its properties and conduct its business, in each case, in all material respects as described in the Pricing Disclosure Package, and is duly qualified or registered to do business as a foreign limited liability company in, and is in good standing under the laws of, each jurisdiction listed across from its name on Schedule IV attached hereto, such jurisdictions being the only jurisdictions where the ownership or leasing of its properties or the conduct of its business requires such qualification or registration, except where the failure to be so qualified or registered and in good standing would not, individually or in the aggregate, have a Material Adverse Effect.

Formation, Good Standing and Qualification of Buckeye Terminals. Buckeye Terminals, LLC, a Delaware limited liability company (“Buckeye Terminals”), has been duly formed and is validly existing as a limited liability company in good standing under the laws of the jurisdiction in which it is organized, with full limited liability company power and authority to own or lease, as the case may be, and to operate its properties and conduct its business, in each case, in all material respects as described in the Pricing Disclosure Package, and is duly qualified or registered to do business as a foreign limited liability company in, and is in good standing under the laws of, each jurisdiction listed across from its name on Schedule IV 2 attached hereto, such jurisdictions being the only jurisdictions where the ownership or leasing of its properties or the conduct of its business requires such qualification or registration, except where the failure to be so qualified or registered and in good standing would not, individually or in the aggregate, have a Material Adverse Effect.

Formation, Good Standing and Qualification of Buckeye Terminals. Buckeye Terminals, LLC, a Delaware limited liability company (“Buckeye Terminals”), has been duly formed and is validly existing as a limited liability company in good standing under the laws of the jurisdiction in which it is organized, with full limited liability company power and authority to own or lease, as the case may be, and to operate its properties and conduct its business, business in each case, in all material respects as described in the Pricing Disclosure Package, Time of Sale Prospectus and is duly qualified or registered to do business as a foreign limited liability company in, and is in good standing under the laws of, of each jurisdiction listed across from its such entity’s name on Schedule IV attached heretoAnnex A, such jurisdictions being the only jurisdictions where the ownership or leasing of its properties or the conduct of its business requires such qualification or registrationqualification, except where the failure to be so qualified or registered and in good standing would not, individually or in the aggregate, have a Material Adverse Effect. (i) Intentionally Deleted.

Formation, Good Standing and Qualification of Buckeye Terminals. Buckeye Terminals, LLC, a Delaware limited liability company (“Buckeye Terminals”), has been duly formed and is validly existing as a limited liability company in good standing under the laws of the jurisdiction in which it is organized, with full limited liability company power and authority to own or lease, as the case may be, and to operate its properties and conduct its business, business in each case, in all material respects as described in the Pricing Disclosure Package, Package and is duly qualified or registered to do business as a foreign limited liability company in, and is in good standing under the laws of, of each jurisdiction listed across from its such entity’s name on Schedule IV 2 attached hereto, such jurisdictions being the only jurisdictions where the ownership or leasing of its properties or the conduct of its business requires such qualification or registrationqualification, except where the failure to be so qualified or registered and in good standing would not, individually or in the aggregate, have a Material Adverse Effect.