ETP Closing Deliverables. Upon the terms of this Agreement, at the Closing, ETP shall deliver (or cause to be delivered): (a) a certificate, dated the Closing Date and signed by a duly authorized officer on behalf of ETP, in his or her capacity as such, stating that: (i) ETP has performed and complied in all material respects with the covenants and agreements contained in this Agreement that are required to be performed and complied with by ETP on or prior to the Closing Date; and (ii) each of the representations and warranties of ETP contained in Article III are true and correct on and as of the Closing Date in all material respects; (b) the Unitholders Agreement, which shall have been duly executed on behalf of ETP; (c) the Partnership Agreement Amendment, which shall have been duly executed on behalf of the General Partner and which shall evidence the issuance of the Class H Units to ETE Holdings; (d) the Charter Amendment, which shall have been duly executed by ETP, as an authorized member of Sunoco GP, and filed by ETP with the Department of State of the Commonwealth of Pennsylvania; (e) the Amended Sunoco GP LLC Agreement, which shall have been duly executed on behalf of ETP; and (f) all other documents, instruments and writings required to be delivered by ETP at the Closing under this Agreement.
Appears in 3 contracts
Sources: Exchange and Redemption Agreement, Exchange and Redemption Agreement, Exchange and Redemption Agreement (Energy Transfer Partners, L.P.)