AMENDED AND RESTATED MANAGEMENT SERVICES AGREEMENT AMONG MACQUARIE INFRASTRUCTURE COMPANY LLC, MACQUARIE INFRASTRUCTURE COMPANY INC., MACQUARIE YORKSHIRE LLC, SOUTH EAST WATER LLC, COMMUNICATIONS INFRASTRUCTURE LLC AND MACQUARIE INFRASTRUCTURE...Management Services Agreement • June 22nd, 2007 • Macquarie Infrastructure CO LLC • Wholesale-petroleum & petroleum products (no bulk stations) • New York
AMENDED AND RESTATED MANAGEMENT SERVICES AGREEMENT (this “Agreement”), dated as of June 22, 2007 and effective as of June 25, 2007, among Macquarie Infrastructure Company LLC, a Delaware limited liability company (the “Company”), Macquarie Infrastructure Company Inc., a Delaware corporation, Macquarie Yorkshire LLC, a Delaware limited liability company, South East Water LLC, a Delaware limited liability company, Communications Infrastructure LLC, a Delaware limited liability company (each a “Managed Subsidiary” and, together with any directly owned Subsidiary of the Company as from time to time may exist and that has executed a counterpart of this Agreement in accordance with Section 2.3 herein, collectively, the “Managed Subsidiaries”), and Macquarie Infrastructure Management (USA) Inc., a Delaware corporation (the “Manager”). Individually, each party hereto shall be referred to as a “Party” and collectively as the “Parties.”
THIRD AMENDED AND RESTATED OPERATING AGREEMENT OF MACQUARIE INFRASTRUCTURE COMPANY LLC Dated as of June 22, 2007Operating Agreement • June 22nd, 2007 • Macquarie Infrastructure CO LLC • Wholesale-petroleum & petroleum products (no bulk stations) • Delaware
This THIRD AMENDED AND RESTATED OPERATING AGREEMENT (the “Amended Agreement”), dated as of June 22, 2007, shall become effective as of the 25th day of June, 2007 and is entered into by Macquarie Infrastructure Company Trust (the “Original Member”) as a Member pursuant to the provisions of the Act (as defined below) as in effect on the date hereof. The Original Member hereby agrees to the amendment and restatement of the Operating Agreement dated as of April 13, 2004, as previously amended and restated by the Amended and Restated Operating Agreement dated as of December 21, 2004, and the Second Amended and Restated Operating Agreement dated as of September 1, 2005 (the “Original Operating Agreement”), as provided herein.
