Common use of Preferential Collection of Claims Against Partnership Clause in Contracts

Preferential Collection of Claims Against Partnership. Reference is made to Section 311 of the Trust Indenture Act. For purposes of Section 311(b) of the Trust Indenture Act: (a) the term “cash transaction” means any transaction in which full payment for goods or securities sold is made within seven days after delivery of the goods or securities in currency or in checks or other orders drawn upon banks or bankers and payable upon demand; (b) the term “self-liquidating paper” means any draft, xxxx of exchange, acceptance or obligation which is made, drawn, negotiated or incurred by the Partnership or, if applicable, any Guarantor for the purpose of financing the purchase, processing, manufacturing, shipment, storage or sale of goods, wares or merchandise and which is secured by documents evidencing title to, possession of, or a lien upon, the goods, wares or merchandise or the receivables or proceeds arising from the sale of the goods, wares or merchandise previously constituting the security, provided the security is received by the Trustee simultaneously with the creation of the creditor relationship with the Partnership or, if applicable, such Guarantor arising from the making, drawing, negotiating or incurring of the draft, xxxx of exchange, acceptance or obligation.

Appears in 4 contracts

Samples: Indenture (Sanchez Production Partners LP), Indenture (Sanchez Production Partners LP), Indenture (Cheniere Energy Partners, L.P.)

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Preferential Collection of Claims Against Partnership. Reference is made to Section 311 of the Trust Indenture Act. For purposes of Section 311(b) of the Trust Indenture Act:, (a1) the term “cash transaction” means any transaction in which full payment for goods or securities sold is made within seven days after delivery of the goods or securities in currency or in checks or other orders drawn upon banks or bankers and payable upon demand; (b2) the term “self-liquidating paper” means any draft, xxxx of exchange, acceptance or obligation which is made, drawn, negotiated or incurred by the Partnership or, if applicable, any Guarantor for the purpose of financing the purchase, processing, manufacturing, shipment, storage or sale of goods, wares or merchandise and which is secured by documents evidencing title to, possession of, or a lien upon, the goods, wares or merchandise or the receivables or proceeds arising from the sale of the goods, wares or merchandise previously constituting the security, provided the security is received by the Trustee simultaneously with the creation of the creditor relationship with the Partnership or, if applicable, such Guarantor arising from the making, drawing, negotiating or incurring of the draft, xxxx of exchange, acceptance or obligation.

Appears in 1 contract

Samples: Indenture (NuStar Pipeline Operating Partnership L.P.)

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