0001047469-17-004341 Sample Contracts

SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF CHOYA OPERATING, LLC A Texas Limited Liability Company
Limited Liability Company Agreement • June 29th, 2017 • Opr, LLC • Wholesale-petroleum & petroleum products (no bulk stations) • Texas

This SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (“Agreement”) of Choya Operating, LLC (“Company”), dated as of the 15th day of September, 2016, is adopted, executed and agreed to by the sole Member (as defined below).

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LIMITED LIABILITY COMPANY AGREEMENT OF TRANSMONTAIGNE PRODUCT SERVICES LLC A Delaware Limited Liability Company
Limited Liability Company Agreement • June 29th, 2017 • Opr, LLC • Wholesale-petroleum & petroleum products (no bulk stations) • Delaware

This LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of TransMontaigne Product Services LLC (the “Company”), dated as of the 30th day of December, 2014, is adopted, executed and agreed to by the sole Member (as defined below).

AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF HIGH SIERRA ENERGY, LP
Opr, LLC • June 29th, 2017 • Wholesale-petroleum & petroleum products (no bulk stations) • Delaware

This Amendment No. 1 (this “Amendment”) to the Third Amended and Restated Agreement of Limited Partnership (the “Partnership Agreement”) of High Sierra Energy, LP (the “Partnership”) is entered into effective as of May 11, 2011 by High Sierra Energy GP, LLC, a Colorado limited liability company (the “General Partner”), as general partner of the Partnership. Capitalized terms used but not defined herein are used as defined in the Partnership Agreement (as defined below).

AMENDMENT NO. 1 TO LIMITED LIABILITY COMPANY AGREEMENT OF TRANSMONTAIGNE PRODUCT SERVICES LLC A Delaware Limited Liability Company
Limited Liability Company Agreement • June 29th, 2017 • Opr, LLC • Wholesale-petroleum & petroleum products (no bulk stations)

This Amendment No. 1 (“Amendment”) dated February 1, 2016, to Limited Liability Company Agreement (“Agreement”) of TransMontaigne Product Services LLC (“Company”) dated as of December 30, 2014, is entered into by the sole Member of the Company pursuant to Section 14 of the Agreement. Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Agreement. Unless otherwise indicated, all section references in this Amendment refer to sections of the Agreement.

THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF HIGH SIERRA ENERGY, LP
Signature • June 29th, 2017 • Opr, LLC • Wholesale-petroleum & petroleum products (no bulk stations) • Delaware

THIS THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF HIGH SIERRA ENERGY, LP dated effective as of April 9, 2007, (“Effective Date”) is executed and entered into by High Sierra Energy GP, LLC, a Colorado limited liability company, on behalf of itself as the General Partner and each of the Limited Partners of the Company as of the Effective Date pursuant to the powers of attorney previously granted to the General Partner by the Limited Partners and in conformity with the other rights and powers conferred upon the General Partner under the Company’s Second Amended and Restated Agreement of Limited Partnership, and any other Persons who become Partners in the Partnership or parties hereto as provided herein. In consideration of the covenants, conditions and agreements contained herein, the parties hereto hereby agree as follows:

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