Authorization and Issuance of Units; Capital Contributions. (a) Subject to Section 4.02(f), the Partnership has the authority to issue an unlimited number of Units and other equity securities. Subject to Section 4.02(f), from time to time after the date hereof, the General Partner acting by the GP Board may cause the Partnership to offer and issue additional Units or other equity securities with such powers, preferences and rights, and subject to such obligations, as the General Partner acting by the GP Board may determine. Without limiting the foregoing (and notwithstanding any provision herein to the contrary), subject to Section 4.02(f), the General Partner acting by the GP Board shall have the power to amend this Agreement to reflect issuances of Units or other equity securities from time to time by the Partnership and to make any such other amendments as it deems necessary or desirable to reflect issuances of Units and other equity securities of the Partnership from time to time (including, without limitation, amending this Agreement to increase the number of Units or other equity securities of any class, group or series, to create and authorize a new class, group or series of equity securities and to add the terms of such new class, group or series including economic and governance rights which may be different from, senior to or more favorable than the Units or other equity securities of the Partnership), in each case without the approval or consent of any other Person (except as may be required under Section 4.02(f)). All Units issued hereunder shall be uncertificated unless otherwise determined by the General Partner acting by the GP Board. The Partnership may issue whole or fractional Units. The Partnership shall not issue any Units or other equity securities of the Partnership to the General Partner (other than an equity security representing only the rights and obligations of the General Partner expressly set forth herein), and the General Partner shall not have any economic interest in the Partnership. Notwithstanding anything to the contrary in this Agreement, from and after the Effective Date, no additional Class A Units (other than Management Partner Class A Units) or Class B Units may be issued by the Partnership.
(b) Each Limited Partner has made (or shall be deemed for purposes of this Agreement to have made) a Capital Contribution on or prior to the date hereof with respect to such Limited Partner’s Units in the amount set forth opposite the name of such Person on the Schedule of Partners. Each ...
Authorization and Issuance of Units; Capital Contributions
