FIFTH AMENDED AND RESTATED EXCHANGE AGREEMENTExchange Agreement • March 2nd, 2009 • Buckeye Partners L P • Pipe lines (no natural gas) • Delaware
THIS FIFTH AMENDED AND RESTATED EXCHANGE AGREEMENT (this "Agreement"), dated as of October 15, 2008, is entered into among BUCKEYE GP HOLDINGS L.P., a Delaware limited partnership ("Holdco"), BUCKEYE GP LLC, a Delaware limited liability company (the "General Partner"), BUCKEYE PARTNERS, L.P., a Delaware limited partnership (the "Partnership"), MAINLINE L.P., a Delaware limited partnership (the "OLP GP"), BUCKEYE PIPE LINE COMPANY, L.P., a Delaware limited partnership ("BPLCLP"), LAUREL PIPE LINE COMPANY, L.P., a Delaware limited partnership ("Laurel"), EVERGLADES PIPE LINE COMPANY, L.P., a Delaware limited partnership ("Everglades"), and BUCKEYE PIPE LINE HOLDINGS, L.P., a Delaware limited partnership (collectively with BPLCLP, Laurel, and Everglades, the "Operating Partnerships").
SECOND AMENDMENT AND INCREASE AGREEMENTAnd Increase Agreement • March 2nd, 2009 • Buckeye Partners L P • Pipe lines (no natural gas) • New York
SECOND AMENDMENT AND INCREASE AGREEMENT, dated as of September 15, 2008 (this "Agreement"), prepared pursuant to Section 4.1(b) of the Credit Agreement, dated as of May 20, 2008 (as amended, supplemented, extended or restated, or otherwise modified prior to the date hereof including by the First Amendment to the Credit Agreement dated as of July 18, 2008 (the "First Amendment"), and as modified hereby, and as further amended, supplemented or otherwise modified from time to time, the "Credit Agreement"), among BUCKEYE ENERGY SERVICES LLC, on behalf of itself and as the surviving entity of the merger of Farm & Home Oil Company LLC ("F&H") with and into Buckeye Energy Services LLC (the "Borrower"), the several Lenders from time to time parties thereto, and BNP Paribas, as Administrative Agent (the "Administrative Agent") and as collateral agent.
