Common use of Series EA Clause in Contracts

Series EA. (a) The following shall constitute the Series EA Assets: (i) the Exclusive Series EA Assets; (ii) all rights and interests of the Series EA set forth in Exhibit E with respect to the Shared Assets; and (iii) all other assets identified as Series EA Assets on the Series EA Records. (b) The following shall constitute the Series EA Liabilities (without duplication): (i) all Liabilities associated with or arising from the ownership or operation of the Exclusive Series EA Assets; (ii) the Series EA’s Proportionate Share of Shared Liabilities; (iii) the Intercompany Obligations; (iv) the Intercompany Preliminary EA Construction Cost Payable; (v) the Springing Guarantees; and (vi) all other Liabilities identified as Series EA Liabilities on the Series EA Records. (c) The Partners hereby acknowledge and agree that all Series EA Assets are available to satisfy the claims of all creditors in respect of any Series EA Liability, in each case, without priority of claims among such creditors, except as may be expressly set forth in the documents evidencing the obligations owed to any such creditor.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Enbridge Energy Partners Lp), Limited Partnership Agreement (Enbridge Energy Partners Lp), Contribution Agreement (Enbridge Energy Partners Lp)

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Series EA. (a) The following shall constitute the Series EA Assets: (i) the Exclusive Series EA Assets; (ii) all rights and interests of the Series EA set forth in Exhibit E F with respect to the Shared Assets; and (iii) all other assets identified as Series EA Assets on the Series EA Records. (b) The following shall constitute the Series EA Liabilities (without duplication): (i) all Liabilities associated with or arising from the ownership or operation of the Exclusive Series EA Assets; (ii) the Series EA’s Proportionate Share of Shared Liabilities; (iii) the Intercompany Obligations; (iv) the Intercompany Preliminary EA Construction Cost Payable; (v) the Springing Guarantees; and (vi) all other Liabilities identified as Series EA Liabilities on the Series EA Records. (c) The Partners hereby acknowledge and agree that all Series EA Assets are available to satisfy the claims of all creditors in respect of any Series EA Liability, in each case, without priority of claims among such creditors, except as may be expressly set forth in the documents evidencing the obligations owed to any such creditor.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Enbridge Energy Partners Lp)

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Series EA. (a) The following shall constitute the Series EA Assets: (i) the Exclusive Series EA Assets; (ii) all rights and interests of the Series EA set forth in Exhibit E D with respect to the Shared Assets; and (iii) all other assets identified as Series EA Assets on the Series EA Records. (b) The following shall constitute the Series EA Liabilities (without duplication): (i) all Liabilities associated with or arising from the ownership or operation of the Exclusive Series EA Assets; (ii) the Series EA’s Proportionate Share of Shared Liabilities; (iii) the Intercompany Obligations; (iv) the Intercompany Preliminary EA Construction Cost Payable; (v) the Springing Guarantees; and (vi) all other Liabilities identified as Series EA Liabilities on the Series EA Records. (c) The Partners hereby acknowledge and agree that all Series EA Assets are available to satisfy the claims of all creditors in respect of any Series EA Liability, in each case, without priority of claims among such creditors, except as may be expressly set forth in the documents evidencing the obligations owed to any such creditor.

Appears in 1 contract

Samples: Limited Partnership Agreement (Enbridge Energy Partners Lp)

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