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THIRD AMENDMENT TO THE FOURTH
AMENDED AND RESTATED
AGREEMENT OF LIMITED PARTNERSHIP OF FERRELLGAS PARTNERS,
L.P.
This Third
Amendment to the Fourth Amended and Restated Agreement of Limited
Partnership of Ferrellgas Partners, L.P. dated as of
October 11, 2006 (this “Amendment”), is entered
into by Ferrellgas, Inc., a Delaware corporation, in the capacities
set forth on the signature lines below.
Capitalized terms
not otherwise defined in this Amendment have the meanings set forth
in the Fourth Amended and Restated Agreement of Limited Partnership
of the Partnership dated as of February 18, 2003, as amended
(the “Partnership Agreement”).
WHEREAS, the
General Partner of the Partnership is authorized to amend the
Partnership Agreement without the consent of any of Limited
Partners to reflect a change that in the sole discretion of the
General Partner, does not adversely affect the Limited Partners in
any material respect;
NOW, THEREFORE, in
consideration of the covenants, conditions and agreements contained
herein, the parties hereto hereby agree as follows:
Section 8.3 of the Partnership Agreement is
hereby amended to read in its entirety as follows:
(a) After the
close of each fiscal year of the Partnership, the General Partner
in its sole discretion may, but is not obligated to, cause
to
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