THIRD INCREASE AGREEMENT AND WAIVERThird Increase Agreement and Waiver • August 14th, 2009 • Buckeye Partners, L.P. • Pipe lines (no natural gas) • New York
THIRD INCREASE AGREEMENT AND WAIVER, dated as of August 12, 2009 (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 the Second Amendment and Increase Agreement dated as of September 15, 2008 (the “Second 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.
