Common use of Purchase of the Units by the Underwriters Clause in Contracts

Purchase of the Units by the Underwriters. On the basis of the representations, warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for the Firm Units and any Option Units shall be $19.74 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Dominion Midstream Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 2,300,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that such Underwriter’s name in Schedule I 1 attached hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common LP Units, as the Representatives Underwriters may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 an additional 345,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common LP Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common LP Units as the Representatives Underwriters may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth opposite its name in Schedule I 1 attached hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 42.864 per Unitunit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Buckeye Partners L P)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 2,300,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 345,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 26.49 per Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Global Partners Lp)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 900,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for the Firm Units and any Option Units shall be $19.74 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Boardwalk Pipeline Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 7,200,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective Each Underwriter shall be obligated to purchase obligations from the Partnership that number of the Underwriters with respect to the Firm Units shall be rounded among set forth opposite the Underwriters to avoid fractional Common Units, as the Representatives may determinename of such Underwriter in Schedule 1. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,080,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives Underwriters may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 19.56 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Crosstex Energy Lp)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 3,400,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 510,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 21.75 per Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Global Partners Lp)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 7,250,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,087,500 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for the Firm Units and any Option Units shall be $19.74 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Boardwalk Pipeline Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations, warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 10,000,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Unitsunits, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 1,500,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for both the Firm Units and any Option Units shall be is $19.74 18.80 per Unitunit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Enviva Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s 's name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives ▇▇▇▇▇▇ Brothers Inc. may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 735,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and is exercisable as set forth provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units units as the Representatives ▇▇▇▇▇▇ Brothers Inc. may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto 1hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 [ ] per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Global Partners LP)

Purchase of the Units by the Underwriters. On the basis of the representations, warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 2,800,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 420,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for both the Firm Units and any Option Units shall be is $19.74 29.03 per Unitunit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (SunCoke Energy Partners, L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, in and subject to the terms and conditions of, of this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, Units as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional Option 1,687,500 Common Units, severally and not jointly. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 47.660 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Williams Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,350,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and is exercisable as set forth provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 20.13 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (DCP Midstream Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s 's name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 750,000 Option Units. Such option is Units exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter (as such number may be increased pursuant to Section 9) bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 29.904 per Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Markwest Energy Partners L P)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 2,600,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that such Underwriter’s name in Schedule I 1 attached hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common LP Units, as the Representatives Underwriters may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 an additional 390,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common LP Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agreesof the Underwriters, severally and not jointly, agrees to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common LP Units as the Representatives Underwriters may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth opposite its name in Schedule I 1 attached hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 35.08 per Unitunit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Buckeye Partners L P)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, in and subject to the terms and conditions of, of this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, Units as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional Option 1,050,000 Common Units, severally and not jointly. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 36.48 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Williams Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 11,000,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Unitsunits, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 1,650,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 23.52 per Unitunit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Regency Energy Partners LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, Units as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional Option 2,437,500 Common Units, severally and not jointly. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 [ ] per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Williams Pipeline Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Unitsunits, as the Representatives Representative may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,875,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives Representative may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 [_._] per Unitunit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Alliance Holdings GP, L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives Underwriters may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional [ ] Option Units. Such option is exercisable granted for the purpose of covering over-allotments in the event that the Underwriters sell more Common Units than the number sale of Firm Units in the offering and is exercisable as set forth provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as shall be purchased severally for the Representatives may determine) that bears account of the same Underwriters in proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth opposite the names of such Underwriters in Schedule I hereto opposite the name 1 hereto. The respective purchase obligations of such each Underwriter bears with respect to the total number of Firm Units. The purchase price payable Option Units shall be adjusted by the Underwriters for so that no Underwriter shall be obligated to purchase Option Units other than in 100 Common Unit amounts. The price of both the Firm Units and any Option Units shall be $19.74 [ ] per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Stonemor Partners Lp)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, in and subject to the terms and conditions of, of this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, Units as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional Option 1,275,000 Common Units, severally and not jointly. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 49.890 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Williams Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,575,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for the Firm Units and any Option Units shall be $19.74 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Boardwalk Pipeline Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, in and subject to the terms and conditions of, of this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, Units as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional Option 1,200,000 Common Units, severally and not jointly. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for the Firm Units and any Option Units shall be $19.74 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Williams Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,950,000 Option Units. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 3 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 [___] per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Duncan Energy Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, in and subject to the terms and conditions of, of this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional Option 990,000 Units, severally and not jointly. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 $ per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery DateDate (as hereinafter defined), except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Williams Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives Representative may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,050,000 Option Units. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives Representative may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 17.39 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Hiland Holdings GP, LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 8,750,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,312,500 Option Units. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 [___] per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Oxford Resource Partners LP)

Purchase of the Units by the Underwriters. On the basis of the representations, warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 12,500,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Unitsunits, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 1,875,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for both the Firm Units and any Option Units shall be is $19.74 21.20625 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Noble Midstream Partners LP)

Purchase of the Units by the Underwriters. On the basis of the representations, warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 [ ] Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 [ ] additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such the applicable Option Units Delivery Date (as defined in Section 4) as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for the Firm Units and any Option Units shall be $19.74 [ ] per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Summit Midstream Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, in and subject to the terms and conditions of, of this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, Units as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional Option 1,387,500 Common Units, severally and not jointly. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 41.11 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Williams Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 10,000,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Unitsunits, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 1,500,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for the Firm Units and any Option Units shall be $19.74 14.08125 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Green Plains Partners LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Unitsunits, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 3,750,000 Option Units. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 20.00 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (El Paso Pipeline Partners, L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership Company agrees to sell 17,500,000 3,750,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Unitsshares, as the Representatives Representative may determine. In addition, the Partnership Company grants to the Underwriters an option to purchase up to 2,625,000 additional 562,500 Option Units. Such option is exercisable in the event that the Underwriters purchase the Firm Units and sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereofof this Agreement. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units shares as the Representatives Representative may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 attached hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 [___] per Unit. The Partnership is Company shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Planet Beach Franchising Corp)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,650,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for the Firm Units and any Option Units shall be $19.74 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Boardwalk Pipeline Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, in and subject to the terms and conditions of, of this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, Units as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional Option 1,387,500 Common Units, severally and not jointly. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 36.24 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Williams Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Unitsunits, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 3,750,000 Option Units. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 [•] per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (El Paso Pipeline Partners, L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 22,500,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 3,375,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for both the Firm Units and any Option Units shall be is $19.74 17.955 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Black Stone Minerals, L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,950,000 Option Units. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Duncan Energy Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 10,000,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Unitsunits, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 1,500,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 20.20 per Unitunit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Regency Energy Partners LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 1,700,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 255,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for the Firm Units and any Option Units shall be $19.74 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Global Partners Lp)

Purchase of the Units by the Underwriters. On the basis of the representations, warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 [—] Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 [—] additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for both the Firm Units and any Option Units shall be is $19.74 [—] per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Black Stone Minerals, L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,350,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and is exercisable as set forth provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 $ per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (DCP Midstream Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations, warranties and covenants agreements contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to issue and sell 17,500,000 3,000,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives Representative may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 450,000 additional Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase from the Partnership the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives Representative may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for the Firm Units and any Option Units shall be $19.74 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Global Partners Lp)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, Units as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional Option 2,437,500 Common Units, severally and not jointly. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 18.80 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Williams Pipeline Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 6,000,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Unitsunits, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 900,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for both the Firm Units and any Option Units shall be is $19.74 32.46 per Unitunit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Antero Midstream Partners LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,200,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 26.66 per Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Boardwalk Pipeline Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations, warranties and covenants agreements contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to issue and sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional all or a portion of the Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for the Firm Units and any Option Units shall be $19.74 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (BreitBurn Energy Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, in and subject to the terms and conditions of, of this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, Units as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional Option 990,000 Common Units, severally and not jointly. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 29.9219 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Williams Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 1,500,000 Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units from the Partnership set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Unitsunits, as the Representatives Representative may determine. In addition, the Partnership hereby grants to the Underwriters an option to purchase up to 2,625,000 additional 225,000 Option Units. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and is exercisable as set forth provided in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives Representative may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in on Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 37.343 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Sunoco Logistics Partners Lp)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, in and subject to the terms and conditions of, of this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, Underwriters and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, Units as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional Option 1,050,000 Common Units, severally and not jointly. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units shall be $19.74 60.92 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such the Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Williams Partners L.P.)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 the Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,500,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for the Firm Units and any Option Units shall be $19.74 per Unit. The Partnership is not obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Boardwalk Pipeline Partners, LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 8,750,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,312,500 Option Units. Such option (the “Option”) is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 17.2975 per Common Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Oxford Resource Partners LP)

Purchase of the Units by the Underwriters. On the basis of the representations, representations and warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Partnership agrees to sell 17,500,000 10,000,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I 1 attached hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Common Units, as the Representatives may determine. In addition, the Partnership grants to the Underwriters an option to purchase up to 2,625,000 additional 1,500,000 Option Units. Such option is exercisable in the event that the Underwriters sell more Common Units than the number of Firm Units in the offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Option Units (subject to such adjustments to eliminate fractional Common Units as the Representatives may determine) that bears the same proportion to the total number of Option Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I 1 attached hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for of both the Firm Units and any Option Units purchased by the Underwriters shall be $19.74 24.352 per Unit. The Partnership is shall not be obligated to deliver any of the Firm Units or Option Units, as applicable, to be delivered on the applicable any Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein.

Appears in 1 contract

Sources: Underwriting Agreement (Boardwalk Pipeline Partners, LP)