Common use of Limited Partner Interests in the Partnership Clause in Contracts

Limited Partner Interests in the Partnership. The limited partners of the Partnership hold Common Units in the Partnership representing an aggregate 99.0% limited partner interest; such limited partner interest consists of (as of March 15, 2011 and excluding the Units) (i) 46,146,619 publicly-traded Common Units (representing an approximate 65% limited partner interest), (ii) 20,327,666 Common Units (representing an approximate 29% limited partner interest) owned by FCI, (iii) 4,353,475 Common Units (representing an approximate 6% limited partner interest) beneficially owned by Xxxxx X. Xxxxxxx, (iv) 195,686 Common Units (representing less than a 1% limited partner interest) owned by FCI Trading Corp. and (v) 51,204 Common Units (representing less than a 1% limited partner interest) owned by Xxxxxxx Propane, Inc. (such Common Units, collectively, the “Existing Units”); the Existing Units are the only limited partner interests of the Partnership that are issued and outstanding; all of the Existing Units have been duly authorized and validly issued in accordance with the Partnership Agreement and are fully paid and non-assessable (except as non-assessability may be affected by certain provisions of the Delaware Act; and all of the Existing Units have been issued in compliance with all applicable securities laws and were not issued in violation of any preemptive right, resale right, right of first refusal or similar right.

Limited Partner Interests in the Partnership. The limited partners of the Partnership hold Common Units in the Partnership representing an aggregate 99.0% limited partner interest; such limited partner interest consists of (as of March 15February 3, 2011 2009 and excluding the Units) (i) 46,146,619 38,531,362 publicly-traded Common Units (representing an approximate 6561% limited partner interest), (ii) 20,327,666 Common Units (representing an approximate 2932% limited partner interest) owned by FCIXxxxxxx Companies, Inc., (iii) 4,353,475 4,333,475 Common Units (representing an approximate 67% limited partner interest) beneficially owned by Xxxxx X. Xxxxxxx, (iv) 195,686 Common Units (representing an a less than a 1% limited partner interest) owned by FCI Trading Corp. and (v) 51,204 Common Units (representing a less than a 1% limited partner interest) owned by Xxxxxxx Propane, Inc. (such Common Units, collectively, the “Existing Units”); the Existing Units are the only limited partner interests of the Partnership that are issued and outstanding; all of the Existing Units have been duly authorized and validly issued in accordance with the Partnership Agreement and are fully paid and non-assessable (except as non-assessability may be affected by certain provisions of the Delaware Act); and all of the Existing Units have been issued in compliance with all applicable securities laws and were not issued in violation of any preemptive right, resale right, right of first refusal or similar right.;

Limited Partner Interests in the Partnership. The limited partners of the Partnership hold Common Units in the Partnership representing an aggregate 99.0% limited partner interest; such limited partner interest consists of (as of March 15April 30, 2011 2015 and excluding the Units) (i) 46,146,619 55,582,894 publicly-traded Common Units (representing an approximate 6567% limited partner interest), (ii) 20,327,666 22,529,361 Common Units (representing an approximate 2928% limited partner interest) owned by FCI, FCI and (iii) 4,353,475 4,358,475 Common Units (representing an approximate 65% limited partner interest) beneficially owned by Xxxxx X. Xxxxxxx, (iv) 195,686 Common Units (representing less than a 1% limited partner interest) owned by FCI Trading Corp. and (v) 51,204 Common Units (representing less than a 1% limited partner interest) owned by Xxxxxxx Propane, Inc. (such Common Units, collectively, the “Existing Units”); the Existing Units are the only limited partner interests of the Partnership that are issued and outstanding; all of the Existing Units have been duly authorized and validly issued in accordance with the Partnership Agreement and are fully paid and non-assessable (except as non-assessability may be affected by certain provisions of the Delaware Act); and all of the Existing Units have been issued in compliance with all applicable securities laws and were not issued in violation of any preemptive right, resale right, right of first refusal or similar right.

Limited Partner Interests in the Partnership. The limited partners of the Partnership hold Common Units in the Partnership representing an aggregate 99.0% limited partner interest; such limited partner interest consists of (as of March 15February 28, 2011 and excluding the Units2010) (i) 46,146,619 44,783,677 publicly-traded Common Units (representing an approximate 6564% limited partner interest), (ii) 20,327,666 20,080,776 Common Units (representing an approximate 29% limited partner interest) owned by FCI, (iii) 4,353,475 Common Units (representing an approximate 6% limited partner interest) beneficially owned by Xxxxx X. Xxxxxxx, (iv) 195,686 Common Units (representing a less than a 1% limited partner interest) owned by FCI Trading Corp. and (v) 51,204 Common Units (representing a less than a 1% limited partner interest) owned by Xxxxxxx Propane, Inc. (such Common Units, collectively, the “Existing Units”); the Existing Units are the only limited partner interests of the Partnership that are issued and outstanding; all of the Existing Units have been duly authorized and validly issued in accordance with the Partnership Agreement and are fully paid and non-assessable (except as non-assessability may be affected by certain provisions of the Delaware Revised Uniform Limited Partnership Act (the “Delaware Act”)); and all of the Existing Units have been issued in compliance with all applicable securities laws and were not issued in violation of any preemptive right, resale right, right of first refusal or similar right.;