Common use of Closing; Delivery of Election Notice Clause in Contracts

Closing; Delivery of Election Notice. Within thirty (30) days after receipt by the Partnership of any Exchange Notice delivered in accordance with the requirements of Sections 2 and 4 hereof, the General Partner shall deliver to the Exercising Partners a notice (an “Election Notice”), which Election Notice shall set forth the computation of the Exchange Consideration and shall specify the form of the Exchange Consideration (which shall be in accordance with Section 5 hereof) to be paid by the Partnership to such Exercising Partners and the date, time and location for completion of the purchase and sale of the Offered Units, which date shall, to the extent required, in no event be more than (a) in the case of Offered Units with respect to which the Partnership has elected to pay the Exchange Consideration by causing the Company to issue shares of Common Stock, the later of (i) ten (10) days after delivery by the General Partner of the Election Notice for Offered Units and (ii) the expiration or termination of the waiting period applicable to each Exercising Partner, if any, under the Xxxx-Xxxxx Act or (b) in the case of Offered Units with respect to which the Partnership has elected to pay the Exchange Consideration in cash, sixty (60) days after the initial date of receipt by the Partnership of the Exchange Notice for such Offered Units; provided, however, that such sixty (60) day period may be extended for an additional sixty (60) day period to the extent required for the Partnership to cause the Company to issue additional shares of its Common Stock to provide financing to be used to acquire the Offered Units. Notwithstanding the foregoing, the Partnership agrees to use its reasonable efforts to cause the closing of the exchange hereunder to occur as quickly as possible.

Appears in 2 contracts

Samples: CBL & Associates Limited Partnership, CBL & Associates Limited Partnership

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Closing; Delivery of Election Notice. Within thirty (30) days after receipt by the Partnership Company of any Exchange Notice delivered in accordance with the requirements of Sections Paragraphs 2 and 4 hereof, the General Partner Company shall deliver to the Exercising Partners a notice (an "Election Notice"), which Election Notice shall set forth the computation of the Exchange Consideration and shall specify the form of the Exchange Consideration (which shall be in accordance with Section Paragraph 5 hereof) to be paid by the Partnership Company to such Exercising Partners and the date, time and location for completion of the purchase and sale of the Offered Units, which date shall, to the extent required, in no event be more than (aA) in the case of Offered Units with respect to which the Partnership Company has elected to pay the Exchange Consideration by causing the Company to issue issuance of shares of Common Stock, the later of (i) ten (10) days after delivery by the General Partner Company of the Election Notice for Offered Units and (ii) the expiration or termination of the waiting period applicable to each Exercising Partner, if any, under the XxxxHart-Xxxxx Scott Act or (bX) in the xx xxe case of Offered Units with respect to which the Partnership Company has elected to pay the Exchange Consideration in cash, sixty (60) days after the initial date of receipt by the Partnership Company of the Exchange Notice for such Offered Units; provided, however, that such sixty (60) day period may be extended for an additional sixty (60) day period to the extent required for the Partnership Company to cause the Company to issue additional shares of its Common Stock to be issued to provide financing to be used to acquire the Offered Units. Notwithstanding the foregoing, the Partnership Company agrees to use its reasonable efforts to cause the closing of the exchange hereunder to occur as quickly as possible. 7.

Appears in 1 contract

Samples: Agreement (CBL & Associates Properties Inc)

Closing; Delivery of Election Notice. Within thirty (30) days after receipt by the Partnership Company of any Exchange Notice delivered in accordance with the requirements of Sections 2 and 4 hereof, the General Partner Company shall deliver to the Exercising Partners a notice (an “Election Notice”), which Election Notice shall set forth the computation of the Exchange Consideration and shall specify the form of the Exchange Consideration (which shall be in accordance with Section 5 hereof) to be paid by the Partnership Company to such Exercising Partners and the date, time and location for completion of the purchase and sale of the Offered Units, which date shall, to the extent required, in no event be more than (aA) in the case of Offered Units with respect to which the Partnership Company has elected to pay the Exchange Consideration by causing the Company to issue issuance of shares of Common Stock, the later of (i) ten (10) days after delivery by the General Partner Company of the Election Notice for Offered Units units and (ii) the expiration or termination of the waiting period applicable to each Exercising Partner, if any, under the Xxxx-Xxxxx Act or (bB) in the case of Offered Units with respect to which the Partnership Company has elected to pay the Exchange Consideration in cash, sixty (60) days after the initial date of receipt by the Partnership Company of the Exchange Notice for such Offered Units; provided, provided however, that such sixty (60) day period may be extended for an additional sixty (60) day period to the extent required for the Partnership Company to cause the Company to issue additional shares of its Common Stock to be issued to provide financing to be used to acquire the Offered Units. Notwithstanding the foregoing, the Partnership Company agrees to use its reasonable efforts to cause the closing of the exchange hereunder to occur as quickly as possible.

Appears in 1 contract

Samples: Partnership Agreement (CBL & Associates Properties Inc)

Closing; Delivery of Election Notice. Within thirty (30) days after receipt by the Partnership Company of any Exchange Notice delivered in accordance with the requirements of Sections Paragraphs 2 and 4 hereof, the General Partner Company shall deliver to the Exercising Partners a notice (an "Election Notice"), which Election Notice shall set forth the computation of the Exchange Consideration and shall specify the form of the Exchange Consideration (which shall be in accordance with Section Paragraph 5 hereof) to be paid by the Partnership Company to such Exercising Partners and the date, time and location for completion of the purchase and sale of the Offered Units, which date shall, to the extent required, in no event be more than (aA) in the case of Offered Units with respect to which the Partnership Company has elected to pay the Exchange Consideration by causing the Company to issue issuance of shares of Common Stock, the later of (i) ten (10) days after delivery by the General Partner Company of the Election Notice for Offered Units units and (ii) the expiration or termination of the waiting period applicable to each Exercising Partner, if any, under the XxxxHart-Xxxxx Scott Act or (bB) in the case of Offered Units with respect to which the Partnership wxxxx xxx Xompany has elected to pay the Exchange Consideration in cash, sixty (60) days after the initial date of receipt by the Partnership Company of the Exchange Notice for such Offered Units; provided, however, that such sixty (60) day period may be extended for an additional sixty (60) day period to the extent required for the Partnership Company to cause the Company to issue additional shares of its Common Stock to be issued to provide financing to be used to acquire the Offered Units. Notwithstanding the foregoing, the Partnership Company agrees to use its reasonable efforts to cause the closing of the exchange hereunder to occur as quickly as possible.

Appears in 1 contract

Samples: Agreement (CBL & Associates Properties Inc)

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Closing; Delivery of Election Notice. Within The closing of the Redemption of Offered Interests by the Partnership shall, unless otherwise mutually agreed, be held at the principal offices of the Partnership, on the date(s) specified below. The General Partner shall, within thirty (30) days after receipt by the Partnership it of any Exchange Exercise Notice delivered in accordance with the requirements of Sections 2 and 4 Paragraph 3 hereof, the General Partner shall deliver to the Exercising Partners a notice (an Election Notice”), which Election Notice shall set forth the computation of the Exchange Consideration Redemption Price and shall specify the form of the Exchange Consideration Redemption Price (which the Redemption Price shall be in accordance with Section Paragraph 4 hereof and shall be in the form of Common Shares to the extent specified in the notice from the Trust given under Paragraph 5 hereof) to be paid by the Partnership and/or the Trust to such Exercising Partners and the date, time and location for completion of the Redemption and/or purchase and sale of the Offered UnitsInterests, which date shall, to the extent required, in no event be more than (a) in the case of Offered Units with respect to which the Partnership has elected to pay the Exchange Consideration by causing the Company to issue shares of Common Stock, the later of (i) ten (10) days after delivery by the General Partner of the Election Notice for Offered Units and (ii) the expiration or termination of the waiting period applicable to each Exercising Partner, if any, under the Xxxx-Xxxxx Act or (b) in the case of Offered Units Interests with respect to which the Partnership has elected to pay the Exchange Consideration in cash, Redemption Price by issuance of Common Shares of the Trust or (ii) sixty (60) days after the initial date of receipt by the Partnership of the Exchange Exercise Notice for such Offered UnitsInterests with respect to which the Partnership has elected to pay the Redemption Price in cash; provided, however, that such sixty (60) day period may be extended for an additional sixty (60) day period to the extent required for the Partnership Trust to cause the Company additional Common Shares to issue additional shares of its Common Stock be issued to provide financing to be used to acquire the Offered UnitsInterests. Notwithstanding the foregoing, the Partnership agrees to use its reasonable best efforts to cause the closing of the exchange Redemption of Offered Interests hereunder to occur as quickly as possible.

Appears in 1 contract

Samples: Limited Partnership Agreement (Glimcher Realty Trust)

Closing; Delivery of Election Notice. Within The closing of the Redemption of Offered Interests by the Partnership shall, unless otherwise mutually agreed, be held at the principal offices of the Partnership, on the date(s) specified below. The General Partner shall, within thirty (30) days after receipt by the Partnership it of any Exchange Exercise Notice delivered in accordance with the requirements of Sections 2 and 4 Paragraph 3 hereof, the General Partner shall deliver to the Exercising Partners a notice (an Election Notice”), which Election Notice shall set forth the computation of the Exchange Consideration Redemption Price and shall specify the form of the Exchange Consideration Redemption Price (which the Redemption Price shall be in accordance with Section Paragraph 4 hereof and shall be in the form of Shares to the extent specified in the notice from the General Partner given under Paragraph 5 hereof) to be paid by the Partnership and/or the General Partner to such Exercising Partners and the date, time and location for completion of the Redemption and/or purchase and sale of the Offered UnitsInterests, which date shall, to the extent required, in no event be more than (ai) in ten (10) days after receipt by the case General Partner of the Election Notice for Offered Units Interests with respect to which the Partnership has elected to pay the Exchange Consideration Redemption Price by causing the Company to issue shares issuance of Common Stock, the later Shares of (i) ten (10) days after delivery by the General Partner of the Election Notice for Offered Units and or (ii) the expiration or termination of the waiting period applicable to each Exercising Partner, if any, under the Xxxx-Xxxxx Act or (b) in the case of Offered Units with respect to which the Partnership has elected to pay the Exchange Consideration in cash, sixty (60) days after the initial date of receipt by the Partnership of the Exchange Exercise Notice for such Offered UnitsInterests with respect to which the Partnership has elected to pay the Redemption Price in cash; provided, however, that such sixty (60) day period may be extended for an additional sixty (60) day period to the extent required for the Partnership General Partner to cause the Company additional Shares to issue additional shares of its Common Stock be issued to provide financing to be used to acquire the Offered UnitsInterests. Notwithstanding the foregoing, the Partnership agrees to use its reasonable best efforts to cause the closing of the exchange Redemption of Offered Interests hereunder to occur as quickly as possible.

Appears in 1 contract

Samples: Washington Prime Group Inc.

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