Common use of Cash from Interim Capital Transactions Clause in Contracts

Cash from Interim Capital Transactions. Available Cash that is deemed to be Cash from Interim Capital Transactions shall be distributed to the Partners or retained by the Partnership, unless the provisions of Section 5.3 require otherwise, as follows: (a) Subject to Section 4.13(g)(ii), first, 100% in respect of the Series 1 Preferred Units, Pro Rata, until there has been distributed in respect of each Series 1 Preferred Unit an amount of cash equal to the Series 1 Preferred Unit Distribution Rate for such calendar quarter, less any distributions received by such Series 1 Preferred Unit pursuant to Section 5.5(a)(i) for such calendar quarter; (b) Subject to Section 4.13(g)(ii), second, 100% in respect of the Series 1 Preferred Units, Pro Rata, until there has been distributed in respect of each Series 1 Preferred Unit an amount of cash equal to the Cumulative Series 1 Preferred Unit Arrearage then existing with respect to such calendar quarter, less any distributions received by such Series 1 Preferred Unit pursuant to Section 5.5(a)(ii) for such calendar quarter; (c) Third, 98% in respect of the Class D Units, Class E Units, Common Units and I-Units, Pro Rata, and 2% in respect of the General Partner’s Partnership Interest until a hypothetical holder of a Class A Common Unit acquired at the time of the Initial Offering has received with respect to each Class A Common Unit, from Partnership Inception through such date, distributions of Available Cash that are deemed to be Cash from Interim Capital Transactions in an aggregate amount per Class A Common Unit equal to the Initial Unit Price; and (d) Thereafter, all Available Cash shall be distributed or retained as if it were Cash from Operations and shall be distributed or retained in accordance with Section 5.5. The foregoing amounts of Available Cash shall be (i) distributed by the Partnership in respect of the Series 1 Preferred Units, Class D Units, Class E Units and Common Units and (ii) retained by the Partnership in respect of the I-Units. The foregoing amounts of Available Cash shall be distributed by the Partnership in respect of the General Partner’s Partnership Interest, except that the Partnership shall retain out of the amount to be distributed by the Partnership in respect of the General Partner’s Partnership Interest an amount equal to 2% of the quotient obtained by dividing (i) the Available Cash retained by the Partnership in respect of the I-Units, pursuant to this Section 5.7 by (ii) 98%.

Cash from Interim Capital Transactions. Available Cash that is deemed to be Cash from Interim Capital Transactions shall be distributed to the Partners or retained by the Partnership, unless the provisions of Section 5.3 require otherwise, as follows: (a) Subject to Section 4.13(g)(ii), first, 100% in respect of the Series 1 Preferred Units, Pro Rata, until there has been distributed in respect of each Series 1 Preferred Unit an amount of cash equal to the Series 1 Preferred Unit Distribution Rate for such calendar quarter, less any distributions received by such Series 1 Preferred Unit pursuant to Section 5.5(a)(i) for such calendar quarter; (b) Subject to Section 4.13(g)(ii), second, 100% in respect of the Series 1 Preferred Units, Pro Rata, until there has been distributed in respect of each Series 1 Preferred Unit an amount of cash equal to the Cumulative Series 1 Preferred Unit Arrearage then existing with respect to such calendar quarter, less any distributions received by such Series 1 Preferred Unit pursuant to Section 5.5(a)(ii) for such calendar quarter; (c) Third, 98% in respect of the Class D Units, Class E Units, Common Units and I-Units, Pro Rata, and 2% in respect of the General Partner’s Partnership Interest until a hypothetical holder of a Class A Common Unit acquired at the time of the Initial Offering has received with respect to each Class A Common Unit, from Partnership Inception through such date, distributions of Available Cash that are deemed to be Cash from Interim Capital Transactions in an aggregate amount per Class A Common Unit equal to the Initial Unit Price; and (d) Thereafter, all Available Cash shall be distributed or retained as if it were Cash from Operations and shall be distributed or retained in accordance with Section 5.5. The foregoing amounts of Available Cash shall be (i) distributed by the Partnership in respect of the Series 1 Preferred Units, Class D Units, Class E Units and Common Units and (ii) retained by the Partnership in respect of the I-Units. The foregoing amounts of Available Cash shall be distributed by the Partnership in respect of the General Partner’s Partnership Interest, except that the Partnership shall retain out of the amount to be distributed by the Partnership in respect of the General Partner’s Partnership Interest an amount equal to 2% of the quotient obtained by dividing (i) the Available Cash retained by the Partnership in respect of the I-Units, pursuant to this Section 5.7 by (ii) 98%.

Cash from Interim Capital Transactions. Available Cash that is deemed to be Cash from Interim Capital Transactions shall be distributed to the Partners or retained by the Partnership, unless the provisions of Section 5.3 require otherwise, as follows: (a) Subject to Section 4.13(g)(ii), first, 100% in respect of the Series 1 Preferred Units, Pro Rata, until there has been distributed in respect of each Series 1 Preferred Unit an amount of cash equal to the Series 1 Preferred Unit Distribution Rate for such calendar quarter, less any distributions received by such Series 1 Preferred Unit pursuant to Section 5.5(a)(i) for such calendar quarter; (b) Subject to Section 4.13(g)(ii), second, 100% in respect of the Series 1 Preferred Units, Pro Rata, until there has been distributed in respect of each Series 1 Preferred Unit an amount of cash equal to the Cumulative Series 1 Preferred Unit Arrearage then existing with respect to such calendar quarter, less any distributions received by such Series 1 Preferred Unit pursuant to Section 5.5(a)(ii) for such calendar quarter; (c) Third, 98% in respect of the Class D Units, Class E Units, Common Units and I-Units, Pro Rata, and 2% in respect of the General Partner’s Partnership Interest until a hypothetical holder of a Class A Common Unit acquired at the time of the Initial Offering has received with respect to each Class A Common Unit, from Partnership Inception through such date, distributions of Available Cash that are deemed to be Cash from Interim Capital Transactions in an aggregate amount per Class A Common Unit equal to the Initial Unit Price; and (d) Thereafter, all Available Cash shall be distributed or retained as if it were Cash from Operations and shall be distributed or retained in accordance with Section 5.5. The foregoing amounts of Available Cash shall be (i) distributed by the Partnership in respect of the Series 1 Preferred Units, Class D Units, Class E Units and Common Units and (ii) retained by the Partnership in respect of the I-Units. The foregoing amounts of Available Cash shall be distributed by the Partnership in respect of the General Partner’s Partnership Interest, except that the Partnership shall retain out of the amount to be distributed by the Partnership in respect of the General Partner’s Partnership Interest an amount equal to 2% of the quotient obtained by dividing (i) the Available Cash retained by the Partnership in respect of the I-Units, pursuant to this Section 5.7 by (ii) 98%.

Cash from Interim Capital Transactions. Subject to Section 4.20(c), Available Cash that is deemed to be Cash from Interim Capital Transactions shall be distributed to the Partners or retained by the Partnership, unless the provisions of Section 5.3 require otherwiseotherwise (but subject to Section 4.20(c)), as follows: (a) Subject to Section 4.13(g)(ii), first, 100% in respect of the Series 1 Preferred Units, Pro Rata, until there has been distributed in respect of each Series 1 Preferred Unit an amount of cash equal to the Series 1 Preferred Unit Distribution Rate for such calendar quarter, less any distributions received by such Series 1 Preferred Unit pursuant to Section 5.5(a)(i) for such calendar quarter; (b) Subject to Section 4.13(g)(ii), second, 100% in respect of the Series 1 Preferred Units, Pro Rata, until there has been distributed in respect of each Series 1 Preferred Unit an amount of cash equal to the Cumulative Series 1 Preferred Unit Arrearage then existing with respect to such calendar quarter, less any distributions received by such Series 1 Preferred Unit pursuant to Section 5.5(a)(ii) for such calendar quarter; (c) ThirdFirst, 98% in respect of the Class D Units, Class E Units, Common Units and I-Units, Pro Rata, and 2% in respect of the General Partner’s Partnership Interest until a hypothetical holder of a Class A Common Unit acquired at the time of the Initial Offering has received with respect to each Class A Common Unit, from Partnership Inception through such date, distributions of Available Cash that are deemed to be Cash from Interim Capital Transactions in an aggregate amount per Class A Common Unit equal to the Initial Unit Price; and (db) Thereafter, all Available Cash shall be distributed or retained as if it were Cash from Operations and shall be distributed or retained in accordance with Section 5.5. The foregoing amounts of Available Cash shall be (i) distributed by the Partnership in respect of the Series 1 Preferred Units, Class D Units, Class E Units and Common Units and (ii) retained by the Partnership in respect of the I-Units. The foregoing amounts of Available Cash shall be distributed by the Partnership in respect of the General Partner’s Partnership Interest, except that the Partnership shall retain out of the amount to be distributed by the Partnership in respect of the General Partner’s Partnership Interest an amount equal to 2% of the quotient obtained by dividing (i) the Available Cash retained by the Partnership in respect of the I-Units, pursuant to this Section 5.7 by (ii) 98%.

Cash from Interim Capital Transactions. Available Cash that is deemed to be Cash from Interim Capital Transactions shall be distributed to the Partners or retained by the Partnership, unless the provisions of Section 5.3 require otherwise, as follows: (a) Subject to Section 4.13(g)(ii), first, 100% in respect of the Series 1 Preferred Units, Pro Rata, until there has been distributed in respect of each Series 1 Preferred Unit an amount of cash equal to the Series 1 Preferred Unit Distribution Rate for such calendar quarter, less any distributions received by such Series 1 Preferred Unit pursuant to Section 5.5(a)(i) for such calendar quarter; (b) Subject to Section 4.13(g)(ii), second, 100% in respect of the Series 1 Preferred Units, Pro Rata, until there has been distributed in respect of each Series 1 Preferred Unit an amount of cash equal to the Cumulative Series 1 Preferred Unit Arrearage then existing with respect to such calendar quarter, less any distributions received by such Series 1 Preferred Unit pursuant to Section 5.5(a)(ii) for such calendar quarter; (c) Third, 98% in respect of the Class D Units, Class E Units, Common Units and I-Units, Pro Rata, and 2% in respect of the General Partner’s Partnership Interest until a hypothetical holder of a Class A Common Unit acquired at the time of the Initial Offering has received with respect to each Class A Common Unit, from Partnership Inception through such date, distributions of Available Cash that are deemed to be Cash from Interim Capital Transactions in an aggregate amount per Class A Common Unit equal to the Initial Unit Price; and (db) Thereafterthereafter, all Available Cash shall be distributed or retained as if it were Cash from Operations and shall be distributed or retained in accordance with Section 5.5. The foregoing amounts of Available Cash shall be (i) distributed by the Partnership in respect of the Series 1 Preferred Common Units and, with respect to any calendar quarter ending during or after the Class C Subordination Period, the Class C Units, Class D Units, Class E Units and Common Units and (ii) retained by the Partnership in respect of the I-Units and, with respect to any calendar quarter ending prior to the Class C Subordination Period, the Class C Units. The foregoing amounts of Available Cash shall be distributed by the Partnership in respect of the General Partner’s Partnership Interest, except that the Partnership shall retain out of the amount to be distributed by the Partnership in respect of the General Partner’s Partnership Interest an amount equal to 2% of the quotient obtained by dividing (i) the Available Cash retained by the Partnership in respect of the I-Units and, prior to the Class C Subordination Period, the Class C Units, pursuant to this Section 5.7 by (ii) 98%.