Competitor means a Person who is engaged, as one of its principal businesses, in the gathering, processing, distribution, transportation, storage, or treatment of water, crude oil, natural gas, natural gas liquids, condensate, other hydrocarbons, or related substances in either the Permian Basin or the State of Texas (a Midstream Business), but excluding any Person whose primary business is being a lender or private equity sponsor to companies engaged in any aspect of, or a passive investor in, a Midstream Business, in each case, other than any Person that directly operates any Midstream Business and any private equity fund that Controls any Person that directly operates a Midstream Business (excluding, for avoidance of doubt, any existing or future private equity funds, investment funds, investment vehicles and managed accounts within a private equity fund enterprise, in each case, that do not Control such a Midstream Business).
Confidential Information has the meaning set forth in Section 16.02(a).
Contributed Interests has the meaning set forth in the Contribution Agreement.
Contribution has the meaning set forth in Section 3.03(a).
Contribution Agreement means that certain Contribution Agreement, dated as of August 8, 2018, by and among the Corporation, Contributor, the Partnership and the other parties signatory thereto (as may be amended or supplemented from time to time).
Contribution Closing Date means November 9, 2018.
Contributor means Apache Midstream LLC, a Delaware limited liability company.
Control (including with correlative meanings, Controlled by and under common Control with) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through ownership of voting securities, by contract or otherwise.
Corporate Board means the Board of Directors of the Corporation.
Corporation has the meaning set forth in the recitals to this Agreement, together with its successors and assigns.
Corporation Annual Financials has the meaning set forth in Section 8.01.
Corporation Related Party Transaction Policy and Procedures means that certain Related Party Transaction Policy and Procedures of the Corporation as in effect on the date hereof.
Credit Agreement means any credit facility or obligation of the Partnership or any of its Subsidiaries, as borrower, as may be amended, restated, supplemented or otherwise modified from time to time, and including any one or more refinancings or replacements thereof, in whole or in part, with any other debt facility or debt obligation.
Debt of any Person means indebtedness, including capital leases that are shown as debt on a consolidated balance sheet of such Person prepared in accordance with GAAP.
Delaware Act means the Delaware Revised Uniform Limited Partnership Act, 6 Del.C. § 17-101, et seq., as it may be amended from time to time, and any successor thereto.