Common use of Incorporated Covenants Clause in Contracts

Incorporated Covenants. The following covenants (the “Incorporated Covenants”) contained in the indenture governing AmeriGas’ 6.25% Senior Notes due 2019 (such indenture, the “Reference Indenture”), as such covenants may be amended or waived pursuant to the terms of the Reference Indenture and the terms hereof, are hereby incorporated herein by reference, mutatis mutandis: (i) Limitation on Liens; (ii) Limitation on Additional Indebtedness; (iii) Limitation on Restricted Payments; (iv) Limitation on Dividends and Other Payment Restrictions Affecting the Subsidiaries; (v) Limitation on Sale and Leaseback Transactions; (vi) Limitation on Asset Sales; (vii) Limitation on Transactions with Affiliates; (viii) Change of Control; and (ix) Consolidation, Merger, Conveyance, Transfer or Lease. AmeriGas hereby agrees to comply with and be bound by the Incorporated Covenants. The Incorporated Covenants are incorporated herein for the benefit of the Support Provider and may be enforced by the Support Provider against AmeriGas for so long as any Supported Debt is outstanding. In the event the Reference Indenture is no longer in effect, the Senior Notes Indenture shall be deemed to be the “Reference Indenture” for purposes of this CRSA or, in the event the Senior Notes Indenture is no longer in effect, the indenture governing the most recently issued series of senior notes issued by AmeriGas or any of its subsidiaries following the issuance of the Senior Notes shall be deemed to be the “Reference Indenture” for purposes of this CRSA, and the covenants contained in such substitute indenture that correspond to the Incorporated Covenants set forth above shall automatically be deemed to be incorporated herein by reference, for the benefit of the Support Provider, and AmeriGas hereby agrees that in such a circumstance it shall comply with and be bound by such provisions.

Incorporated Covenants. (i) The following covenants (the “Incorporated Covenants”) contained in the indenture governing AmeriGas’ 6.25% Senior Notes due 2019 (such indenture, the “Reference Indenture”), as such covenants may be amended or waived pursuant to the terms Articles 6 and 7 of the Reference Indenture Foothill Loan Agreement, together with any definitions used, and the terms hereofancillary provisions referred to, in such Articles, are hereby incorporated in this Agreement by reference MUTATIS MUTANDIS, as if fully set forth herein by reference, mutatis mutandis: (i) Limitation on Liens; (ii) Limitation on Additional Indebtedness; (iii) Limitation on Restricted Payments; (iv) Limitation on Dividends and Other Payment Restrictions Affecting the Subsidiaries; (v) Limitation on Sale and Leaseback Transactions; (vi) Limitation on Asset Sales; (vii) Limitation on Transactions with Affiliates; (viii) Change of Control; and (ix) Consolidation, Merger, Conveyance, Transfer or Lease. AmeriGas hereby agrees will be deemed to comply with and be bound by the Incorporated Covenants. The Incorporated Covenants are incorporated herein continue in effect for the benefit of the Support Provider and may Lenders, giving effect to any amendment, modification or waiver of the Foothill Loan Agreement validly entered into pursuant thereto; PROVIDED that such covenants, as in effect on the date of any termination of the Foothill Loan Agreement, shall continue to be enforced incorporated by reference herein notwithstanding any such termination of the Support Provider against AmeriGas for so long Foothill Loan Agreement. (ii) Any provision of the Foothill Loan Agreement that is incorporated by reference in this Agreement pursuant to this Section 7 shall be subject to the condition that, as incorporated in this Agreement, (a) each reference therein to "the Company" or "Administrative Borrower" or words of similar import shall be deemed a reference to AMTROL hereunder, (b) each reference therein to "each Bank", "any Supported Debt is outstanding. In Bank", "a Bank", "the event the Reference Indenture is no longer in effectAdministrative Agent", the Senior Notes Indenture "Lender Group", the "Agent" or words of similar import shall be deemed to be a reference to the “Reference Indenture” for purposes Lenders hereunder, (c) each reference therein to the "Commitment" or "Commitments" shall be deemed a reference to the Lenders' obligation to make the Loans hereunder, (d) each reference therein to "this Agreement" or words of similar import shall be deemed a reference to this CRSA orAgreement, in the event the Senior Notes Indenture is no longer in effect(e) each reference therein to "Advances", the indenture governing the most recently issued series "Term Loans" and "Loans" or words of senior notes issued by AmeriGas or any of its subsidiaries following the issuance of the Senior Notes similar import shall be deemed to be a reference to the “Reference Indenture” for purposes of Loans under this CRSA, Agreement and the covenants contained in such substitute indenture that correspond Notes, (f) each reference to the Incorporated Covenants set forth above "Cypress Loan Documents", (g) each reference to "Default" or "Event of Default" or words of similar import shall automatically be deemed to be incorporated herein by reference, for the benefit a reference to an Event of the Support ProviderDefault under this Agreement, and AmeriGas hereby agrees that in such (h) each reference therein to "the date of this Agreement" or words of similar import shall be deemed a circumstance it shall comply with and be bound by such provisionsreference to the date hereof.