Cash Available for Distribution. Subject to the other provisions of this Article V and to the provisions of Sections 12.03, 13.03, 14.03 and 15.02(a), the General Partner shall cause the Partnership to distribute Cash Available for Distribution, at such times and in such amounts as are, subject to the terms and conditions of this Agreement, determined by the General Partner in its sole and absolute discretion, to the Partners who are Partners on the Partnership Record Date with respect to such quarter (or other distribution period), as follows: (i) first, 100% to the Partners holding Series A Preferred Units and/or Series B Preferred Units pro rata and pari passu in proportion to their relative number of Partnership Units until such Partners have received in the aggregate, pursuant to this Section 5.02(a)(i) and Section 5.02(b)(i), an amount such that the Series A Preferred Return has been reduced to zero with respect to each such Series A Preferred Unit and the Series B Preferred Return has been reduced to zero with respect to each such Series B Preferred Unit; and (ii) thereafter, 100% to the Partners holding OP Units, Manager’s Units and/or Class B Units pro rata and pari passu in proportion to each such Partner’s respective Percentage Interest with respect to such OP Units, Manager’s Units and/or Class B Units.
Appears in 4 contracts
Samples: Merger Agreement (American Realty Capital Properties, Inc.), Limited Partnership Agreement (American Realty Capital Properties, Inc.), Limited Partnership Agreement (American Realty Capital Trust III, Inc.)
Cash Available for Distribution. Subject to the other provisions of this Article V and to the provisions of Sections 12.0312.03(a), 13.03, 14.03 and 15.02(a16.01(a)(ii), the General Partner shall cause the Partnership to distribute Cash Available for Distribution, at such times and in such amounts as are, subject to the terms and conditions of this Agreement, determined by the General Partner in its sole and absolute discretion, to the Partners who are Partners on the Partnership Record Date with respect to such quarter (or other distribution period), as follows:
(i) first, 100% to the Partners holding Series A Preferred Units and/or Series B Preferred Units pro rata and pari passu in proportion to their relative number of Partnership Units accrued and unpaid Series A Preferred Return and/or Series B Preferred Return until such Partners have received in the aggregate, pursuant to this Section 5.02(a)(i) and Section 5.02(b)(i), an amount such that the accrued but unpaid Series A Preferred Return has been reduced to zero paid with respect to each such Series A Preferred Unit and the accrued but unpaid Series B Preferred Return has been reduced to zero paid with respect to each such Series B Preferred Unit; and
(ii) thereafter, 100% to the Partners holding OP Units, Manager’s Units and/or Class B Units pro rata and pari passu in proportion to each such Partner’s respective Percentage Interest with respect to such OP Units, Manager’s Units and/or Class B Units.
Appears in 1 contract
Samples: Limited Partnership Agreement (American Realty Capital Properties, Inc.)
Cash Available for Distribution. Subject to the other provisions of this Article V 5 and to the provisions of Sections 12.0313.2, 13.03, 14.03 16.3 and 15.02(a)17.4, the General Partner shall cause the Partnership to distribute distribute, at such times as the General Partner shall determine (each a “Distribution Date”), an amount of Cash Available for Distribution, at such times and in such amounts as are, subject to the terms and conditions of this Agreement, determined by the General Partner in its sole and absolute discretion, discretion to the Limited Partners who are Partners on and the General Partner, as of the applicable Partnership Record Date with respect to such quarter (or other distribution period)Date, as follows:
(i) first, 100% to the Partners holding Series A Redeemable Preferred Units and/or Series B Preferred Units pro rata and pari passu in proportion to their relative number of Partnership Units accrued but unpaid Preferred Returns until such Partners have received in the aggregate, pursuant to this Section 5.02(a)(i5.1(a)(i) and Section 5.02(b)(i5.1(b)(i), an amount such that (A) the Series A Preferred Return has been reduced to zero met with respect to each such Series A Redeemable Preferred Unit Unit, and (B) the Series B Preferred Return has been reduced to zero met with respect to each such Series B Preferred Unit; and
(ii) thereafter, 100% to the Partners holding OP Units, Manager’s GP Units and/or and Class B A Units pro rata and pari passu in proportion to each such Partner’s respective Percentage Interest with respect to such OP Units, Manager’s Units and/or Class B UnitsInterest.
Appears in 1 contract
Samples: Limited Partnership Agreement (Preferred Apartment Communities Inc)
Cash Available for Distribution. Subject to the other provisions of this Article V 5 and to the provisions of Sections 12.0313.2, 13.03, 14.03 16.3 and 15.02(a)18.3, the General Partner shall cause the Partnership to distribute distribute, at such times as the General Partner shall determine (each a “Distribution Date”), an amount of Cash Available for Distribution, at such times and in such amounts as are, subject to the terms and conditions of this Agreement, determined by the General Partner in its sole and absolute discretion, discretion to the Limited Partners who are Partners on and the General Partner, as of the applicable Partnership Record Date with respect to such quarter (or other distribution period)Date, as follows:
(i) first, 100% to the Partners holding Series A Redeemable Preferred Units and/or Series B M Redeemable Preferred Units pro rata and pari passu in proportion to their relative number of Partnership Units accrued but unpaid Preferred Returns until such Partners have received in the aggregate, pursuant to this Section 5.02(a)(i5.1(a)(i) and Section 5.02(b)(i5.1(b)(i), an amount such that (A) the Series A Preferred Return has been reduced to zero met with respect to each such Series A Redeemable Preferred Unit Unit, and (B) the Series B M Preferred Return has been reduced to zero met with respect to each such Series B M Redeemable Preferred Unit; and
(ii) thereafter, 100% to the Partners holding OP Units, Manager’s GP Units and/or and Class B A Units pro rata and pari passu in proportion to each such Partner’s respective Percentage Interest with respect to such OP Units, Manager’s Units and/or Class B UnitsInterest.
Appears in 1 contract
Samples: Limited Partnership Agreement (Preferred Apartment Communities Inc)