Enterprise Products Partners L.P.

SEC Filings

8-K
GULFTERRA ENERGY PARTNERS L P filed this Form 8-K on 10/06/2004
Entire Document
 
Table of Contents

    Section 4.14 of the Subordinated Indentures and Section 4.13 of the Senior Indenture, which require any of GulfTerra’s Restricted Subsidiaries (that is not already a Subsidiary Guarantor) to guarantee the Notes if it guarantees any other Indebtedness of either of the Issuers.
 
    Section 4.15 of the Subordinated Indentures and Section 4.14 of the Senior Indenture, which permit the General Partner or its Board of Directors to designate any Restricted Subsidiary of GulfTerra to be an Unrestricted Subsidiary, or to redesignate any Unrestricted Subsidiary to be a Restricted Subsidiary, in each case subject to the terms and conditions of such Section.
 
    Section 4.16 of the Subordinated Indentures and Section 4.15 of the Senior Indenture, which prohibit GulfTerra and its Restricted Subsidiaries from engaging in any business other than Permitted Businesses.
 
    Section 4.17 of the Subordinated Indentures and Section 4.16 of the Senior Indenture, which prohibit GulfTerra and its Restricted Subsidiaries from entering into certain sale and leaseback transactions.
 
    Section 4.18 of the Subordinated Indentures and Section 4.17 of the Senior Indenture, which prohibit GulfTerra and its Subsidiaries from paying any consideration to any Holder for any consent, waiver or amendment of any provisions of the Indenture or the Notes unless the same consideration is offered to all Holders.
 
    Section 4.19 of the Subordinated Indentures and Section 4.18 of the Senior Indenture, which require GulfTerra to furnish the Trustee for delivery to requesting Holders reports on SEC Forms 10-K, 10-Q and 8-K, whether or not required by the SEC, and to provide to the Trustee, or make available to others, certain additional information specified in such Section.
 
    Section 4.20 of the Subordinated Indentures and Section 4.19 of the Senior Indenture, which provide, in the case of the Subordinated Indentures, for the suspension of certain restrictive covenants specified in such Section during any period that the Notes have an Investment Grade Rating from both Moody’s and S&P and, in the case of the Senior Indenture, for the permanent elimination of such covenants once the Notes have maintained such ratings for a period of 90 consecutive days.
 
    Section 5.01(a)(iii), which requires that immediately after a consolidation or merger of either of the Issuers with or into another Person or the sale or other disposition of all or substantially all of its assets to another Person, no Default or Event of Default exists.
 
    Clauses (A) and (B) of Section 5.01(a)(iv), which require that an Issuer or the Person formed by or surviving any consolidation or merger with such Issuer (ii) have Consolidated Net Worth immediately after the transaction equal to or greater than the Consolidated Net Worth of such Issuer immediately preceding the transaction and (ii) be permitted to incur, on the date of the transaction and after giving pro forma effect to the transaction as if it had occurred at the beginning of the applicable four-quarter period, at least $1.00 of additional Indebtedness pursuant to the Fixed Charge Coverage Ratio test set forth in Section 4.09 of the Indenture.
 
    Section 6.01(c), which provides that the failure by GulfTerra or any of its Restricted Subsidiaries to comply with the provisions of Sections 3.09, 4.06 and 4.07 constitutes an Event of Default.
 
    Section 6.0l(d), which provides that the failure by GulfTerra or any of its Restricted Subsidiaries to comply with any of the agreements in the Indenture (other than those specified in the preceding