Adjustments to Exercise Price; Number of Rights. (1) The Exercise Price, the number and kind of securities subject to purchase upon exercise of each Right and the number of Rights outstanding are subject to adjustment from time to time as provided in this Section 2.03. (2) In the event the REIT shall at any time after the Record Time and prior to the Expiration Time: (a) declare or pay a distribution on the Units of the REIT payable in Units (or securities exchangeable for or convertible into or giving a right to acquire Units) other than pursuant to any distribution reinvestment plan or optional securities distribution program, (b) subdivide or change the then outstanding Units into a greater number of Units, (c) consolidate or change the then outstanding Units into a smaller number of Units, or (d) issue any Units or other capital unit of the REIT (or securities exchangeable for or convertible into or giving a right to acquire Units) in respect of, in lieu of, or in exchange for, existing Units, the Exercise Price and the number of Rights outstanding, or, if the payment or effective date therefor shall occur after the Separation Time, the securities purchasable upon exercise of Rights, shall be adjusted in the manner set forth below. If an event occurs which would require an adjustment under both this Section 2.03 and Section 3.01, the adjustment provided for in this Section 2.03 shall be in addition to, and shall be made prior to, any adjustment required under Section 3.01. If the Exercise Price and number of Rights outstanding are to be adjusted:
Appears in 4 contracts
Samples: Unitholder Rights Agreement, Unitholder Rights Agreement, Unitholder Rights Agreement
Adjustments to Exercise Price; Number of Rights. (1a) The Exercise Price, the number and kind of securities subject to purchase upon exercise of each Right and the number of Rights outstanding are subject to adjustment from time to time as provided in this Section 2.032.3.
(2b) In the event the REIT Trust shall at any time after the Record Time and prior to the Expiration Time:
(ai) declare or pay a distribution on the Units of the REIT Trust payable in Units (or securities exchangeable for or convertible into or giving a right to acquire Units) other than pursuant to any distribution reinvestment plan or optional securities distribution program,;
(bii) subdivide or change the then outstanding Units into a greater number of Units,;
(ciii) consolidate or change the then outstanding Units into a smaller number of Units, ; or
(div) issue any Units or other capital unit of the REIT Trust (or securities exchangeable for or convertible into or giving a right to acquire Units) in respect of, in lieu of, or in exchange for, existing Units, ; the Exercise Price and the number of Rights outstanding, or, if the payment or effective date therefor shall occur after the Separation Time, the securities purchasable upon exercise of Rights, shall be adjusted in the manner set forth below. If an event occurs which would require an adjustment under both this Section 2.03 and Section 3.01, the adjustment provided for in this Section 2.03 shall be in addition to, and shall be made prior to, any adjustment required under Section 3.01. If the Exercise Price and number of Rights outstanding are to be adjusted:
Appears in 2 contracts
Samples: Unitholder Rights Agreement, Unitholder Rights Agreement
Adjustments to Exercise Price; Number of Rights.
(1) The Exercise Price, the number and kind of securities subject to purchase upon exercise of each Right and the number of Rights outstanding are subject to adjustment from time to time as provided in this Section 2.03.
(2) In the event the REIT shall at any time after the Record Time and prior to the Expiration Time:Time:
(a) declare or pay a distribution on the Units of the REIT payable in Units (or securities exchangeable for or convertible into or giving a right to acquire Units) other than pursuant to any distribution reinvestment plan or optional securities distribution program,program,
(b) subdivide or change the then outstanding Units into a greater number of Units,
(c) consolidate or change the then outstanding Units into a smaller number of Units, or
(d) issue any Units or other capital unit of the REIT (or securities exchangeable for or convertible into or giving a right to acquire Units) in respect of, in lieu of, or in exchange for, existing Units, Units, the Exercise Price and the number of Rights outstanding, or, if the payment or effective date therefor shall occur after the Separation Time, the securities purchasable upon exercise of Rights, shall be adjusted in the manner set forth below. If an event occurs which would require an adjustment under both this Section 2.03 and Section 3.01, the adjustment provided for in this Section 2.03 shall be in addition to, and shall be made prior to, any adjustment required under Section 3.01. If the Exercise Price and number of Rights outstanding are to be adjusted:
Appears in 1 contract
Samples: Unitholder Rights Agreement