Common use of Distributions Cumulative Clause in Contracts

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 Preferred Units will accrue and be cumulative from the Series A-3 Issuance Date, whether or not the terms and provisions set forth in Section 20.3(c) at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 Preferred Units which may be in arrears, and the holders of the Series A-3 Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 Preferred Units. No distributions on the Series A-3 Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 H Preferred Units will accrue and be cumulative from the Series A-3 H Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c27.3(b) at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 H Preferred Units which may be in arrears, and the holders of the Series A-3 H Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 H Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 H Preferred Units. No distributions on the Series A-3 H Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 F Preferred Units will accrue and be cumulative from the Series A-3 F Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c25.3(b) at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 F Preferred Units which may be in arrears, and the holders of the Series A-3 F Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 F Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 F Preferred Units. No distributions on the Series A-3 F Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 D Preferred Units will accrue and be cumulative from the Series A-3 D Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c23.3(b) at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 D Preferred Units which may be in arrears, and the holders of the Series A-3 D Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 D Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 D Preferred Units. No distributions on the Series A-3 D Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 A-4 Preferred Units will accrue and be cumulative from the Series A-3 A-4 Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c21.3(b) at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 A-4 Preferred Units which may be in arrears, and the holders of the Series A-3 A-4 Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 A-4 Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 A-4 Preferred Units. No distributions on the Series A-3 A-4 Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 I Preferred Units will accrue and be cumulative from the Series A-3 I Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c28.3(b) at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 I Preferred Units which may be in arrears, and the holders of the Series A-3 I Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 I Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 I Preferred Units. No distributions on the Series A-3 I Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 C Preferred Units will accrue and be cumulative from the Series A-3 C Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c22.3(b) at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 C Preferred Units which may be in arrears, and the holders of the Series A-3 C Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 C Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 C Preferred Units. No distributions on the Series A-3 C Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 A-4 Preferred Units will accrue and be cumulative from the Series A-3 A-4 Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c) 21.3 B at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 A-4 Preferred Units which may be in arrears, and the holders of the Series A-3 A-4 Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 A-4 Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 A-4 Preferred Units. No distributions on the Series A-3 A-4 Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 J Preferred Units will accrue and be cumulative from the Series A-3 J Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c29.3(b) at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 J Preferred Units which may be in arrears, and the holders of the Series A-3 J Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 J Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 J Preferred Units. No distributions on the Series A-3 J Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 Mirror A Preferred Units will accrue and be cumulative from the Series A-3 Issuance DateNovember 14, 2012, whether or not the terms and provisions set forth in Section 20.3(c) 19.2 C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 Mirror A Preferred Units which may be in arrears, and the holders General Partner, as holder of the Series A-3 Mirror A Preferred Units Units, will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 Mirror A Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 Mirror A Preferred Units. No distributions on the Series A-3 Mirror A Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 Mirror A Preferred Units will accrue and be cumulative from the Series A-3 Issuance DateNovember 14, 2012, whether or not the terms and provisions set forth in Section 20.3(c19.2(c) at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 Mirror A Preferred Units which may be in arrears, and the holders General Partner, as holder of the Series A-3 Mirror A Preferred Units Units, will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 Mirror A Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 Mirror A Preferred Units. No distributions on the Series A-3 Mirror A Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 G Preferred Units will accrue and be cumulative from the Series A-3 G Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c26.3(b) at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 G Preferred Units which may be in arrears, and the holders of the Series A-3 G Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 G Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 G Preferred Units. No distributions on the Series A-3 G Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 C Preferred Units will accrue and be cumulative from the Series A-3 C Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c) 22.3 B at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 C Preferred Units which may be in arrears, and the holders of the Series A-3 C Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 C Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 C Preferred Units. No distributions on the Series A-3 C Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 K Preferred Units will accrue and be cumulative from the Series A-3 K Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c30.3(b) at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 K Preferred Units which may be in arrears, and the holders of the Series A-3 K Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 K Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 K Preferred Units. No distributions on the Series A-3 K Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 A-4 Preferred Units will accrue and be cumulative from the Series A-3 A-4 Issuance Date, whether or not the terms and provisions set forth in Section 20.3(c) 21.3 C at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 A-4 Preferred Units which may be in arrears, and the holders of the Series A-3 A-4 Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 A-4 Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 A-4 Preferred Units. No distributions on the Series A-3 A-4 Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 E Preferred Units will accrue and be cumulative from the Series A-3 E Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c24.3(b) at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 E Preferred Units which may be in arrears, and the holders of the Series A-3 E Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 E Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 E Preferred Units. No distributions on the Series A-3 E Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 L Preferred Units will accrue and be cumulative from the Series A-3 L Issuance Date, whether or not the terms and provisions set forth in the last sentence of this Section 20.3(c31.3(b) at any time prohibit the declaration, setting aside for payment or current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 L Preferred Units which may be in arrears, and the holders of the Series A-3 L Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 L Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 L Preferred Units. No distributions on the Series A-3 L Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.

Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A-3 Preferred Units will accrue and be cumulative from the Series A-3 Issuance Date, whether or not the terms and provisions set forth in Section 20.3(c) 20.3 C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized. No interest, or sum in lieu of interest, will be payable in respect of any distribution payment or payments on Series A-3 Preferred Units which may be in arrears, and the holders of the Series A-3 Preferred Units will not be entitled to any distributions, whether payable in cash, securities or other property, in excess of full cumulative distributions described above. Any distribution payment made on the Series A-3 Preferred Units will first be credited against the earliest accrued but unpaid distribution due with respect to the Series A-3 Preferred Units. No distributions on the Series A-3 Preferred Units shall be authorized, declared, paid or set apart for payment by the Partnership at such time as the terms and provisions of any agreement of the Partnership, including any agreement relating to its indebtedness, directly or indirectly prohibit authorization, declaration, payment or setting apart for payment or provide that such authorization, declaration, payment or setting apart for payment would constitute a breach thereof or a default thereunder, or if such declaration, payment or setting apart for payment shall be restricted or prohibited by law.