Issuers. For all purposes of this Agreement, all issuers of Portfolio Investments that are Affiliates of one another shall be treated as a single issuer, unless such issuers are Affiliates of one another solely because they are under the common Control of the same private equity sponsor or similar sponsor.
Issuers. TARGA RESOURCES PARTNERS LP
Issuers. CVR PARTNERS, LP By: CVR GP, LLC, its general partner By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Chief Financial Officer and Treasurer CVR NITROGEN FINANCE CORPORATION By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Chief Financial Officer andTreasurer GUARANTORS:CVR NITROGEN GP, LLC By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Authorized Person CVR NITROGEN LP By: CVR Nitrogen GP, LLC, its general partner By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Authorized Person EAST DUBUQUE NITROGEN FERTILIZERS, LLC By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Authorized Person COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, LLC By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Authorized Person CVR NITROGEN HOLDINGS, LLC By: /s/ Xxxxx X. Xxxx Name: Xxxxx X. Xxxx Title: Authorized Person TRUSTEE:WILMINGTON TRUST NATIONAL ASSOCIATION, as Trustee By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Vice President COLLATERAL TRUSTEE:WILMINGTON TRUST, NATIONAL ASSOCIATION as Collateral Trustee By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Assistant Vice President No. $ promise to pay to Cede & Co. or registered assigns, the principal sum of DOLLARS on June 15, 2023. Interest Payment Dates: June 15 and December 15 Record Dates: June 1 and December 1 Dated: CVR PARTNERS, LP By: Name: Title: CVR NITROGEN FINANCE CORPORATION By: Name: Title: This is one of the Notes referred to in the within-mentioned Indenture:WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee By: THIS NOTE HAS NOT BEEN REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”) AND, ACCORDINGLY, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED WITHIN THE UNITED STATES OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, U.S. PERSONS, EXCEPT AS SET FORTH IN THE FOLLOWING SENTENCE. BY ITS ACQUISITION HEREOF OR OF A BENEFICIAL INTEREST HEREIN, THE HOLDER (1) REPRESENTS THAT (A) IT IS A “QUALIFIED INSTITUTIONAL BUYER” (AS DEFINED IN RULE 144A UNDER THE SECURITIES ACT) (A “QIB”) OR (B) IT IS NOT A U.S. PERSON, IS NOT ACQUIRING THIS NOTE FOR THE ACCOUNT OR BENEFIT OF A U.S. PERSON AND IS ACQUIRING THIS NOTE IN AN OFFSHORE TRANSACTION IN COMPLIANCE WITH REGULATION S UNDER THE SECURITIES ACT, (2) AGREES THAT IT WILL NOT, WITHIN THE TIME PERIOD REFERRED TO UNDER RULE 144(d)(1) UNDER THE SECURITIES ACT AS IN EFFECT ON THE DATE OF THE TRANSFER OF THIS NOTE, RESELL OR OTHERWISE TRANSFER THIS NOTE EXCEPT (A) TO THE ISSUERS OR ANY SUBSIDIARY OF THE PARTNERSHIP, (B) TO A ...
Issuers. For purposes of Section 3.4(e) and (f), the term “Lender” includes any Issuer.
Issuers. For purposes of this Section 4.6 the term “Lender” includes any Issuer.
Issuers. Issuers shall mean any entity which issues commercial paper with whom the Bank has entered into a book-entry agreement.
Issuers. The correct and complete legal name of each Issuer, and the Applicable Jurisdiction of each Issuer, is set forth on Schedule 1. Except as otherwise stated on Schedule 1, each Issuer has issued to the Pledgors the Ownership Interests that are shown on Schedule 1 with respect to such Issuer and each certificate or other instrument described on Schedule 1 as having been issued by such Issuer.
Issuers. NGL ENERGY PARTNERS LP NGL ENERGY FINANCE CORP. GUARANTORS: NGL ENERGY OPERATING LLC NGL CRUDE LOGISTICS, LLC NGL PROPANE, LLC NGL LIQUIDS, LLC NGL WATER SOLUTIONS, LLC NGL CRUDE TRANSPORTATION, LLC NGL CRUDE XXXXXXX, LLC HIGH SIERRA CRUDE OIL & MARKETING, LLC NGL CRUDE PIPELINES, LLC NGL ENERGY LOGISTICS, LLC NGL ENERGY HOLDINGS II, LLC NGL CRUDE TERMINALS, LLC NGL CRUDE CANADA HOLDINGS, LLC NGL MARINE, LLC XXXXXXXX PROPANE, LLC HICKSGAS, LLC NGL-NE REAL ESTATE, LLC NGL-MA REAL ESTATE, LLC NGL-MA, LLC CENTENNIAL ENERGY, LLC NGL SHIPPING AND TRADING, LLC NGL SUPPLY WHOLESALE, LLC CENTENNIAL GAS LIQUIDS ULC ANTICLINE DISPOSAL, LLC NGL WATER SOLUTIONS XXXXXX, LLC NGL WATER SOLUTIONS DJ, LLC NGL WATER SOLUTIONS EAGLE FORD, LLC NGL WATER SOLUTIONS MID-CONTINENT, LLC NGL WATER SOLUTIONS PERMIAN, LLC GRAND MESA PIPELINE, LLC NGL MILAN INVESTMENTS, LLC SAWTOOTH NGL CAVERNS, LLC NGL SUPPLY TERMINAL SOLUTION MINING, LLC NGL SUPPLY TERMINAL COMPANY, LLC NGL ENERGY EQUIPMENT LLC CHOYA OPERATING, LLC OPR, LLC NGL CRUDE CANADA ULC TRANSMONTAIGNE LLC TRANSMONTAIGNE PRODUCT SERVICES LLC TRANSMONTAIGNE SERVICES LLC HIGH SIERRA ENERGY, LP DEUTSCHE BANK SECURITIES INC. Initial Purchasers Aggregate Principal Amount of Securities Guarantor Jurisdiction of Organization Non-Guarantor Subsidiaries Jurisdiction of Organization
Issuers. (a) The Pledgors shall cause each Issuer to do the following:
(i) maintain its legal existence in its Applicable Jurisdiction;
(ii) maintain its legal status and qualification to do business in each jurisdiction where it is required to register or qualify to do business, except where the failure to do so would not, individually or in the aggregate, have a Material Adverse Effect;
(iii) comply with all applicable Laws and other legal requirements applicable to the Issuer, except where the failure to comply would not, individually or in the aggregate, have a Material Adverse Effect;
(iv) pay and perform when due all of the terms, covenants and conditions on the Issuer’s part to be performed under its Organizational Documents; and
(v) to the extent that covenants or other provisions of any other Transaction Document apply to the Issuer, comply with such covenants and provisions even if the Issuer is not a party to such other Transaction Document and is not specifically named or referred to in such covenants or provisions, and even though such covenants or provisions are not set forth in this Agreement.
(b) Promptly, when requested by the Secured Party, and at the sole cost and expense of the Pledgors, the Pledgors shall take all such actions as may be requested by the Secured Party to enforce or secure the performance of any term, covenant or condition of the Organizational Documents of any Issuer and to exercise any rights of the Pledgors under such Organizational Documents.
(c) Promptly, when requested by the Secured Party, and at the sole cost and expense of the Pledgors, the Pledgors shall execute and deliver to the Secured Party, and cause any Issuers to exercise and deliver to the Secured Party, an acknowledgment and consent agreement in form and substance satisfactory to the Secured Party, pursuant to which such Issuers shall, among other things, acknowledge that they consent to the terms of this Agreement and agree to comply with the terms of this Agreement that relate to Issuers.
Issuers. Each Issuer represents and warrants that: -------
(i) all the shares of TCI Series A Stock or TCISE Series A Stock, as applicable, sold pursuant to this Agreement shall be duly and validly authorized by the Issuer and, upon the issuance and delivery of such shares against payment therefor by the Purchaser, such shares will be duly and validly issued and fully paid and non-assessable; and (ii) all the shares of TCI Series A Stock or TCISE Series A Stock, as applicable, sold pursuant to this Agreement are, or at the time of issuance will be, registered under the Securities Act of 1933, as amended (the "Securities Act"), or are, or at the time of issuance will be, exempt from such registration pursuant to Rule 144 of the General Rules and Regulations of the Securities and Exchange Commission under the Securities Act.
