Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

Appears in 23 contracts

Samples: Limited Partnership Agreement (Alliance Resource Partners Lp), Agreement of Limited Partnership (Teekay LNG Partners L.P.), Limited Partnership Agreement (Teekay LNG Partners L.P.)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 19 contracts

Samples: Limited Partnership Agreement (DCP Midstream, LP), Limited Partnership Agreement (Spectra Energy Partners, LP), Limited Partnership Agreement

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, ~~First~~ Target ~~Distribution, Second Target Distribution, Third Target Distribution~~Distributions, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership ~~Securities~~ Interests in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly ~~Distribution, First Target Distribution, Second Target~~ Distribution and ~~Third~~ Target ~~Distribution,~~ Distributions shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and the denominator of which ~~the denominator~~ is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 15 contracts

Samples: Limited Partnership Agreement (Armada Enterprises Lp), Agreement of Limited Partnership (Landmark Infrastructure Partners LP), Limited Partnership Agreement (Landmark Infrastructure Partners LP)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

Appears in 15 contracts

Samples: Agreement of Limited Partnership (Williams Partners L.P.), Agreement of Limited Partnership (Williams Partners L.P.), Agreement of Limited Partnership (Williams Partners L.P.)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, ~~First~~ Target ~~Distribution, Second Target Distribution, Third Target Distribution~~Distributions, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership ~~Securities~~ Interests in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly ~~Distribution, First Target Distribution, Second Target~~ Distribution and ~~Third~~ Target ~~Distribution,~~ Distributions shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 12 contracts

Samples: Limited Partnership Agreement (EQM Midstream Partners, LP), Limited Partnership Agreement, Limited Partnership Agreement

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target ~~Distribution,~~ Distribution Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section 6.9.

Appears in 7 contracts

Samples: Limited Partnership Agreement (Magellan Midstream Holdings Lp), Limited Partnership Agreement (Inergy L P), Limited Partnership Agreement (Magellan Midstream Partners Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution,~~ Distribution and Third Target ~~Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section ~~6.9~~6.8.

Appears in 6 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (Teekay LNG Partners L.P.), Limited Partnership Agreement (Energy Transfer Partners, L.P.)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section 6.9.

Appears in 6 contracts

Samples: Limited Partnership Agreement (Stonemor Partners Lp), Limited Partnership Agreement (Stonemor Partners Lp), Limited Partnership Agreement (Stonemor Partners Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Global Partners LP), Limited Partnership Agreement (Boardwalk Pipeline Partners, LP), Limited Partnership Agreement (Boardwalk Pipeline Partners, LP)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, ~~First~~ Target ~~Distribution, Second Target Distribution, Third Target Distribution~~Distributions, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership ~~Securities~~ Interests in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly ~~Distribution, First Target Distribution, Second Target~~ Distribution and ~~Third~~ Target ~~Distribution,~~ Distributions shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a ~~fraction~~ fraction, of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 5 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement, Limited Partnership Agreement (Shell Midstream Partners, L.P.)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly ~~Distribution, First~~ Distribution and Target ~~Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distributions shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership ~~Securities~~ Interests in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly ~~Distribution, First Target Distribution, Second Target~~ Distribution and ~~Third~~ Target ~~Distribution,~~ Distributions shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and the denominator of which ~~the denominator~~ is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 4 contracts

Samples: Agreement of Limited Partnership (Landmark Infrastructure Partners LP), Limited Partnership Agreement (MPLX Lp), Purchase Agreement (MPLX Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Tesoro Logistics Lp), Limited Partnership Agreement (Tesoro Logistics Lp), Limited Partnership Agreement (Tesoro Corp /New/)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, ~~First~~ Target ~~Distribution, Second Target Distribution, Third Target Distribution~~Distributions, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership ~~Securities~~ Interests in accordance with Section ~~5.10~~5.8. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly ~~Distribution, First Target Distribution, Second Target~~ Distribution and ~~Third~~ Target ~~Distribution,~~ Distributions shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and the denominator of which ~~the denominator~~ is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 5.10 and Section 6.9.

Appears in 4 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (JP Energy Partners LP), Limited Partnership Agreement (World Point Terminals, LP)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second ~~Target Distribution, Third~~ Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.12. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section ~~6.9~~6.11.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Crosstex Energy Lp), Senior Subordinated Series C Unit Purchase Agreement (Crosstex Energy Inc), Limited Partnership Agreement (Crosstex Energy Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target ~~Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.6. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section ~~6.9~~6.8.

Appears in 4 contracts

Samples: Agreement of Limited Partnership (EnLink Midstream Partners, LP), Agreement of Limited Partnership (EnLink Midstream Partners, LP), Convertible Preferred Unit Purchase Agreement (EnLink Midstream Partners, LP)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second ~~Target Distribution, Third~~ Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, and Second ~~Target Distribution and Third~~ Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, and Second ~~Target Distribution and Third~~ Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, and Second Target Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 3 contracts

Samples: Agreement of Limited Partnership (Quest Energy Partners, L.P.), Limited Partnership Agreement (Quest Energy Partners, L.P.), Agreement of Limited Partnership (EV Energy Partners, LP)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second ~~Target Distribution, Third~~ Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section 6.9.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Plains All American Pipeline Lp), Limited Partnership Agreement (Valero L P), Limited Partnership Agreement (Plains All American Pipeline Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target ~~Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Common Units or otherwise) of the Common Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. These adjustments will not apply to the quarter in which the distributions of Available Cash that are deemed to be from Capital Surplus trigger these adjustments. (b) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section 6.9.

Appears in 3 contracts

Samples: Agreement of Limited Partnership (Tc Pipelines Lp), Limited Partnership Agreement (Tc Pipelines Lp), Agreement of Limited Partnership (Tc Pipelines Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution,~~ Distribution and Third Target ~~Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Western Gas Partners LP), Limited Partnership Agreement (Targa Resources Partners LP), Agreement of Limited Partnership (Blueknight Energy Partners, L.P.)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly ~~Distribution,~~ Distribution and First Target ~~Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.8. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly ~~Distribution,~~ Distribution and First Target ~~Distribution, Second Target~~ Distribution ~~and Third Target Distribution,~~ shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly ~~Distribution, First Target Distribution, Second Target~~ Distribution and ~~Third~~ First Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly ~~Distribution,~~ Distribution and First Target ~~Distribution, Second Target~~ Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section 6.9.

Appears in 3 contracts

Samples: Limited Partnership Agreement (NuStar Energy L.P.), Limited Partnership Agreement (NuStar Energy L.P.), Limited Partnership Agreement (NuStar Energy L.P.)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section ~~6.9~~6.8.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Enterprise Products Operating L P), Limited Partnership Agreement (Enterprise Products Partners L P), Agreement of Limited Partnership (Genesis Energy Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages, Cumulative Common Unit Arrearages, Class B Unit Arrearages and Cumulative ~~Common~~ Class B Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

Appears in 3 contracts

Samples: Agreement of Limited Partnership (Natural Resource Partners Lp), Contribution Agreement (Natural Resource Partners Lp), Limited Partnership Agreement (Natural Resource Partners Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution,~~ Distribution and Third Target ~~Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~4.8; provided, however, that no such adjustment shall be made as a result of any distribution of I-Units or fractions of I-Units pursuant to Section 5.4 or 5.5. In the event of a distribution of Available Cash that is deemed to be Cash from Interim Capital ~~Surplus~~Transactions, the ~~then applicable~~ Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section ~~6.9~~9.6.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Kinder Morgan Management LLC), Limited Partnership Agreement (Kinder Morgan Energy Partners L P), Limited Partnership Agreement (Kinder Morgan Energy Partners L P)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution,~~ Distribution and Third Target ~~Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~4.5. In the event of a distribution of Available Cash that is deemed to be Cash from Interim Capital ~~Surplus~~Transactions, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section ~~6.9~~9.5.

Appears in 3 contracts

Samples: Limited Partnership Agreement, Limited Partnership Agreement (ONEOK Partners LP), Limited Partnership Agreement (ONEOK Partners LP)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership ~~Securities~~ Interests in ~~accordance~~ connection with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section ~~6.9~~6.8.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Central Energy Partners Lp), Limited Partnership Agreement (Central Energy Partners Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.11. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section ~~6.9~~6.10.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Martin Midstream Partners Lp), Limited Partnership Agreement (Martin Midstream Partners Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, and Third Target ~~Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Global Partners Lp), Limited Partnership Agreement (Global Partners Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution,~~ Distribution and Third Target ~~Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in ~~Units~~ Partnership Interests or otherwise) of Units or other Partnership ~~Securities~~ Interests in accordance with Section ~~5.10~~5.7. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the ~~then~~ then-applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution ~~and~~ or Third Target Distribution, as the case may be, by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and the denominator of which ~~the denominator~~ is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section ~~6.9~~5.9 and Section 6.8.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Atlas Energy, L.P.), Limited Partnership Agreement (Atlas Resource Partners, L.P.)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. ~~(a)~~ The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership ~~Securities in accordance with Section 5.10~~Securities. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. ~~(b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.~~

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Opr, LLC), Agreement of Limited Partnership (NGL Crude Terminals, LLC)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second ~~Target Distribution, Third~~ Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership ~~Securities~~ Interests in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Paa Natural Gas Storage Lp), Limited Partnership Agreement (Paa Natural Gas Storage Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly ~~Distribution, First~~ Distribution and Target ~~Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distributions shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership ~~Securities~~ Interests in accordance with Section ~~5.10~~5.8. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly ~~Distribution, First Target Distribution, Second Target~~ Distribution and ~~Third~~ Target ~~Distribution,~~ Distributions shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and the denominator of which ~~the denominator~~ is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section 5.10 and Section 6.9.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Phillips 66 Partners Lp), Purchase Agreement (Phillips 66 Partners Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution,~~ Distribution and Third Target ~~Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in MLP Units or otherwise) of MLP Units or other Partnership Securities of Genesis MLP in accordance with Section ~~5.10~~5.8 of the Genesis MLP Partnership Agreement. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the MLP Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the MLP Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section ~~6.9~~6.7.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Genesis Energy Lp), Limited Partnership Agreement (Genesis Energy Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit ~~Arrearages~~ Arrearages, and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section 5.12 and Section 6.9.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Quest Resource Corp), Limited Partnership Agreement (Quest Resource Corp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the ~~then~~ then-applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (American Midstream Partners, LP)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, and Third Target ~~Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section ~~6.9~~6.8.

Appears in 1 contract

Samples: Limited Partnership Agreement (Energy Transfer Partners, L.P.)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages, Cumulative Common Unit Arrearages, Class B Unit Arrearages and Cumulative ~~Common~~ Class B Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (Global Partners Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, NYC:103990_15.DOC Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (Teekay LNG Partners L.P.)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second ~~Target Distribution, Third~~ Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (Crosstex Energy Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution,~~ Distribution and Third Target ~~Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.7. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section ~~6.9~~6.8.

Appears in 1 contract

Samples: Limited Partnership Agreement (Genesis Energy Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution,~~ Distribution and Third Target ~~Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~4.8. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the ~~then applicable~~ Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, . First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section ~~6.9~~5.8.

Appears in 1 contract

Samples: Limited Partnership Agreement (Star Gas Finance Co)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second ~~Target Distribution, Third~~ Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (Memorial Production Partners LP)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit ~~Arrearages~~ Arrearages, and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, ~~combination~~ combination, or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution~~ Distribution, and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution~~ Distribution, and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution~~ Distribution, and Third Target Distribution, shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (DCP Midstream, LP)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second ~~Target Distribution, Third~~ Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. These adjustments will not apply to the quarter in which the distributions of Available Cash that are deemed to be from Capital Surplus trigger these adjustments. (b) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section 6.9.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Tc Pipelines Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target ~~Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. These adjustments will not apply to the quarter in which the distributions of Available Cash that are deemed to be from Capital Surplus trigger these adjustments. (b) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (Tc Pipelines Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target ~~Distribution,~~ Distribution Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a -58- Inergy, L.P. distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (Inergy L P)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution.. 42 (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (U S Timberlands Co Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second ~~Target Distribution, Third~~ Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section ~~6.9~~6.8.

Appears in 1 contract

Samples: Limited Partnership Agreement (Enterprise Products Partners L P)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution,~~ Distribution and Third Target ~~Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~4.9. In the event of a distribution of Available Cash that is deemed to be Cash from Interim Capital ~~Surplus~~Transactions, the ~~then applicable~~ Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section ~~6.9~~9.6.

Appears in 1 contract

Samples: Limited Partnership Agreement (Northern Border Partners Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section ~~6.9~~6.10.

Appears in 1 contract

Samples: Limited Partnership Agreement (Calumet Specialty Products Partners, L.P.)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.09. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the ~~product~~ product, obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section ~~6.9~~5.11 and Section 6.09.

Appears in 1 contract

Samples: Agreement of Limited Partnership (OSG America L.P.)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second ~~Target Distribution, Third~~ Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution or Second ~~Target Distribution and Third~~ Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (Atlas Pipeline Partners Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly ~~Distribution, First~~ Distribution and Target ~~Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distributions shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Limited Partner Units or otherwise) of Limited Partner Units or other Partnership ~~Securities~~ Interests in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly ~~Distribution, First Target Distribution, Second Target~~ Distribution and ~~Third~~ Target ~~Distribution,~~ Distributions shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and the denominator of which ~~the denominator~~ is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (MPLX Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target ~~Distribution,~~ Distribution and Third Target ~~Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages~~ Distribution shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (K-Sea Transportation Partners Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, ~~Third~~ Series D Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.13. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and ~~Third~~ Series D Target ~~Distribution,~~ Distribution shall also be subject to adjustment pursuant to Section ~~6.9~~6.12.

Appears in 1 contract

Samples: Limited Partnership Agreement (Crosstex Energy Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target ~~Distribution,~~ Distribution shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (TransMontaigne Partners L.P.)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. ‌ (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.9. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 5.11 and Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second ~~Target Distribution, Third~~ Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section ~~5.10~~5.11. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target ~~Distribution, Second Target~~ Distribution and ~~Third~~ Second Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target ~~Distribution,~~ Distribution and Second Target Distribution ~~and Third Target Distribution,~~ shall also be subject to adjustment pursuant to Section ~~6.9~~6.10.

Appears in 1 contract

Samples: Limited Partnership Agreement (Crosstex Energy Lp)

Adjustment of Minimum Quarterly Distribution and Target Distribution Levels. (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered ~~Capital~~ Initial Unit Price of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

Appears in 1 contract

Samples: Limited Partnership Agreement (Hiland Partners, LP)

Common use of Adjustment of Minimum Quarterly Distribution and Target Distribution Levels Clause in Contracts