Common use of Adjustment of Exchange Price Clause in Contracts

Adjustment of Exchange Price. (i) The Exchange Price is subject to adjustment upon certain events, including, (a) subdivisions, combinations and reclassification of the Series B Preferred Stock, and (b) distributions to all holders of Series B Preferred Stock of evidences of indebtedness of the General Partner or assets (including securities, but excluding dividends and distributions paid in cash out of equity applicable to Series B Preferred Stock). (ii) In case the General Partner shall be a party to any transaction (including, without limitation, a merger, consolidation, statutory share exchange, tender offer for all or substantially all of the General Partner's capital stock or sale of all or substantially all of the General Partner's assets), in each case as a result of which the Series B Preferred Stock will be converted into the right to receive shares of capital stock, other securities or other property (including cash or any combination thereof), each Series B Preferred Unit will thereafter be exchangeable into the kind and amount of shares of capital stock and other securities and property receivable (including cash or any combination thereof) upon the consummation of such transaction by a holder of that number of shares of Series B Preferred Stock or fraction thereof into which one Series B Preferred Unit was exchangeable immediately prior to such transaction. The General Partner may not become a party to any such transaction unless the terms thereof are consistent with the foregoing. In the event of any conflict between the provisions of this Section 9(c)(ii) and Section 17.2 of the Partnership Agreement, the provisions of this Section 9(c)(ii) shall control.

Adjustment of Exchange Price. (i) The Exchange Price is subject to ---------------------------- adjustment upon certain events, including, (a) subdivisions, combinations and reclassification of the Series B C Preferred Stock, and (b) distributions to all holders of Series B C Preferred Stock of evidences of indebtedness of the General Partner or assets (including securities, but excluding dividends and distributions paid in cash out of equity applicable to Series B C Preferred Stock). (ii) In case the General Partner shall be a party to any transaction (including, without limitation, a merger, consolidation, statutory share exchange, tender offer for all or substantially all of the General Partner's capital stock or sale of all or substantially all of the General Partner's assets), in each case as a result of which the Series B C Preferred Stock will be converted into the right to receive shares of capital stock, other securities or other property (including cash or any combination thereof), each Series B C Preferred Unit will thereafter be exchangeable into the kind and amount of shares of capital stock and other securities and property receivable (including cash or any combination thereof) upon the consummation of such transaction by a holder of that number of shares of Series B C Preferred Stock or fraction thereof into which one Series B C Preferred Unit was exchangeable immediately prior to such transaction. The General Partner may not become a party to any such transaction unless the terms thereof are consistent with the foregoing. In the event of any conflict between the provisions of this Section 9(c)(ii) and Section 17.2 of the Partnership Agreement, the provisions of this Section 9(c)(ii) shall control.

Adjustment of Exchange Price. (i) The Exchange Price is ---------------------------- subject to adjustment upon certain events, including, (ax) subdivisions, combinations and reclassification of the Series B Preferred StockShares, and (by) distributions to all holders of Series B Preferred Stock Shares of evidences of indebtedness of the General Partner Company or assets (including securities, but excluding dividends and distributions paid in cash out of equity applicable to Series B Preferred StockShares). (ii) In case the General Partner Company shall be a party to any transaction (including, without limitation, a merger, consolidation, statutory share exchange, tender offer for all or substantially all of the General PartnerCompany's capital stock or sale of all or substantially all of the General PartnerCompany's assets), in each case as a result of which the Series B Preferred Stock Shares will be converted into the right to receive shares of capital stock, other securities or other property (including cash or any combination thereof), each Series B Preferred Unit will thereafter be exchangeable into the kind and amount of shares of capital stock and other securities and property receivable (including cash or any combination thereof) upon the consummation of such transaction by a holder of that number of shares of Series B Preferred Stock Shares or fraction thereof into which one Series B Preferred Unit was exchangeable immediately prior to such transaction. The General Partner Company may not become a party to any such transaction unless the terms thereof are consistent with the foregoing. In addition, the event of Company shall not issue any conflict between Additional Securities without the provisions of this Section 9(c)(ii) and Section 17.2 consent of the Partnership Agreement, holders of the provisions Series B Preferred Units if such consent would be required to be obtained from holders of this Section 9(c)(ii) shall controlSeries B Preferred Shares and such Series B Preferred Shares were outstanding.

Adjustment of Exchange Price. (i) The Exchange Price is subject to adjustment upon certain events, including, (aA) subdivisions, combinations and reclassification of the Series B C Preferred StockShares, and (bB) distributions to all holders of Series B C Preferred Stock Shares of evidences evidence of indebtedness of the General Partner or assets (including securities, but excluding dividends and distributions paid in cash out of equity applicable to Series B C Preferred StockShares). (ii) In case the General Partner shall be a party to any transaction (including, without limitation, a merger, consolidation, statutory share exchange, tender offer for all or substantially all of the General Partner's capital stock or sale of all or substantially all of the General Partner's assets), in each case as a result of which the Series B C Preferred Stock Shares will be converted into the right to receive shares of capital stock, other securities or other property (including cash or any combination thereof), each Series B C Preferred Unit will thereafter be exchangeable into the kind and amount of shares of capital stock and other securities and property receivable (including cash or any combination thereof) upon the consummation of such transaction by a holder of that number of shares of Series B C Preferred Stock Shares or fraction thereof into which one Series B C Preferred Unit was exchangeable immediately prior to such transaction. The General Partner may not become a party to any such transaction unless the terms thereof are consistent with the foregoing. In the event of any conflict between the provisions of this Section 9(c)(ii) and Section 17.2 of the Partnership Agreement, the provisions of this Section 9(c)(ii) shall control.

Adjustment of Exchange Price. (i) The Exchange Price is subject to ---------------------------- adjustment upon certain events, including, (a) subdivisions, combinations and reclassification of the Series B Preferred Stock, and (b) distributions to all holders of Series B Preferred Stock of evidences of indebtedness of the General Partner or assets (including securities, but excluding dividends and distributions paid in cash out of equity applicable to Series B Preferred Stock). (ii) In case the General Partner shall be a party to any transaction (including, without limitation, a merger, consolidation, statutory share exchange, tender offer for all or substantially all of the General Partner's capital stock or sale of all or substantially all of the General Partner's assets), in each case as a result of which the Series B Preferred Stock will be converted into the right to receive shares of capital stock, other securities or other property (including cash or any combination thereof), each Series B Preferred Unit will thereafter be exchangeable into the kind and amount of shares of capital stock and other securities and property receivable (including cash or any combination thereof) upon the consummation of such transaction by a holder of that number of shares of Series B Preferred Stock or fraction thereof into which one Series B Preferred Unit was exchangeable immediately prior to such transaction. The General Partner may not become a party to any such transaction unless the terms thereof are consistent with the foregoing. In the event of any conflict between the provisions of this Section 9(c)(ii) and Section 17.2 of the Partnership Agreement, the provisions of this Section 9(c)(ii) shall control.

Adjustment of Exchange Price. (i) The Exchange Price is subject to adjustment upon certain events, including, (a) subdivisions, combinations and reclassification of the Series B C Preferred Stock, and (b) distributions to all holders of Series B C Preferred Stock of evidences of indebtedness of the General Partner or assets (including securities, but excluding dividends and distributions paid in cash out of equity applicable to Series B C Preferred Stock). (ii) In case the General Partner shall be a party to any transaction (including, without limitation, a merger, consolidation, statutory share exchange, tender offer for all or substantially all of the General Partner's capital stock or sale of all or substantially all of the General Partner's assets), in each case as a result of which the Series B C Preferred Stock will be converted into the right to receive shares of capital stock, other securities or other property (including cash or any combination thereof), each Series B C Preferred Unit will thereafter be exchangeable into the kind and amount of shares of capital stock and other securities and property receivable (including cash or any combination thereof) upon the consummation of such transaction by a holder of that number of shares of Series B C Preferred Stock or fraction thereof into which one Series B C Preferred Unit was exchangeable immediately prior to such transaction. The General Partner may not become a party to any such transaction unless the terms thereof are consistent with the foregoing. In the event of any conflict between the provisions of this Section 9(c)(ii) and Section 17.2 of the Partnership Agreement, the provisions of this Section 9(c)(ii) shall control.