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Page 3 - Extension of the Termination Date.

SPECTRA ENERGY PARTNERS, LP filed this Form 8-K on 9/7/2017


 

 

Section 3.          Extension of the Termination Date.

 

Pursuant to the terms of the Amended Credit Agreement, each Extended Lender hereby (a) agrees to the Extension and (b) agrees that effective as of the date hereof, the Termination Date with respect to its Revolving Commitment shall be August 3, 2022.

 

Section 4.          Representations and Warranties. The Borrower represents and warrants to the Extended Lenders, the Issuing Banks and the Agent that (a) the representations and warranties contained in Section 4.01 of the Amended Credit Agreement are correct in all respects on the Amendment Effective Date (as defined below) immediately after giving effect to this Amendment (except for those representations and warranties that specifically relate to a prior date, which shall have been correct on such prior date) and (d)  no Default or Event of Default has occurred and is continuing on the Amendment Effective Date or would result from giving effect to this Amendment.

 

Section 5.          Conditions Precedent. This Amendment shall become effective as of the first date (the “Amendment Effective Date”) on which the following conditions precedent have been satisfied:

 

5.01         Counterparts. The Agent shall have received one or more counterparts of this Amendment, executed and delivered by the Borrower, the Agent, the Issuing Banks and the Extended Lenders constituting the Required Lenders.

 

5.02         Officer’s Certificate. The Agent shall have received a certificate signed by the Vice President - Finance or the Treasurer of the Ultimate General Partner (or an officer serving in either of such functions, in its capacity as general partner of the General Partner, in its capacity as general partner of the Borrower), dated the Amendment Effective Date, as to the effect set forth in clauses (a) and (b) of Section 4 of this Amendment.

 

5.03         Secretary’s Certificate. The Agent shall have received a certificate of the secretary or an assistant secretary of the Ultimate General Partner (a) certifying the names and true signatures of the officers of the Ultimate General Partner authorized to sign this Amendment and the other documents to be delivered hereunder by the Ultimate General Partner in its capacity as general partner of the General Partner, in its capacity as general partner of the Borrower, (b) certifying and attaching copies of the resolutions of the board of directors or similar governing body of the Ultimate General Partner (in its capacity as general partner of the General Partner, in its capacity as general partner of the Borrower) approving this Amendment and (c) certifying and attaching all documents the Agent may have reasonably requested prior to the Amendment Effective Date relating to the existence of the Borrower, the corporate authority for and the validity of this Amendment, and any other matters relevant hereto.

 

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