LLC Reorganization Transactions

LLC Reorganization Transactions. Collectively, (i) the transactions more particularly described on Annex I attached to the Fourth Amendment to Amended and Restated Credit Agreement and Waiver dated as of June 29, 2007, among the Borrower, the Lenders, and the Administrative Agent, pursuant to which certain Subsidiaries of the Borrower that are Delaware limited partnerships are being converted into Texas limited partnerships, with such Texas limited partnerships being merged with and into certain newly organized Texas limited... liability companies, effective as of June [30], 2007, and (ii) any transactions that are substantially similar, both in form and substance, to those described in the preceding clause (i), pursuant to which any wholly owned Subsidiary of the Borrower that is a limited partnership is converted into and/or merged with and into a wholly owned Subsidiary of the Borrower that is a limited liability company, with such limited liability company succeeding to all of the assets, properties, obligations and liabilities of such limited partnership, provided that (x) the Borrower shall have provided written notice of such transaction to the Administrative Agent, and (y) if such limited partnership is a Guarantor, then the Borrower shall also have caused to be provided to the Administrative Agent a comparable Acknowledgment and Assumption Agreement executed by such successor limited liability company and the comparable certificates, opinions and other documents with respect to such limited liability company, all as described on Annex II to such Fourth Amendment to Amended and Restated Credit Agreement and Waiver. View More