Common use of Distributions When Class B Units Have Been Issued on Different Dates Clause in Contracts

Distributions When Class B Units Have Been Issued on Different Dates. If Class B Units which have been issued on different dates are outstanding on the Partnership Record Date for any Distribution Period, then the Class B Units issued on each particular date shall be treated as a separate series of Partnership Units for purposes of making the allocation of Available Cash for such Distribution Period among the holders of Partnership Units (and the formula for making such allocation, and the definitions of variables used therein, shall be modified accordingly). Thus, for example, if two series of Class B Units are outstanding on the Partnership Record Date for any Distribution Period, the allocation formula for each series, “Series B1” and “Series B2” would be as follows: (1) Series B1 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (2) Series B2 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (3) For purposes of the foregoing formulas the definitions set forth in Section 5.1.C(3) remain the same except that (i) “B1” equals the number of Partnership Units in Series B1 outstanding on the Partnership Record Date for such Distribution Period; (ii) “B2” equals the number of Partnership Units in Series B2 outstanding on the Partnership Record Date for such Distribution Period; (iii) “X1” equals the number of days in the Distribution Period for which the Partnership Units in Series B1 were issued and outstanding; and (iv) “X2” equals the number of days in the Distribution Period for which the Partnership Units in Series B2 were issued and outstanding.

Appears in 12 contracts

Samples: Limited Partnership Agreement (Freehold Properties, Inc.), Limited Partnership Agreement (Broad Street Realty, Inc.), Limited Partnership Agreement (Education Realty Operating Partnership L P)

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Distributions When Class B Units Have Been Issued on Different Dates. If Class B Units which have been issued on different dates are outstanding on the Partnership Record Date for any Distribution Period, then the Class B Units issued on each particular date shall be treated as a separate series of Partnership Units for purposes of making the allocation of Available Cash for such Distribution Period among the holders of Partnership Units (and the formula for making such allocation, and the definitions of variables used therein, shall be modified accordingly). Thus, for example, if two series of Class B Units are outstanding on the Partnership Record Date for any Distribution Period, the allocation formula for each series, “Series B1” and “Series B2” would be as follows: (1) Series B1 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (2) Series B2 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (3) For purposes of the foregoing formulas the definitions set forth in Section 5.1.C(3) 5.1.C.3 remain the same except that (i) “B1” equals the number of Partnership Units in Series B1 outstanding on the Partnership Record Date for such Distribution Period; (ii) “B2” equals the number of Partnership Units in Series B2 outstanding on the Partnership Record Date for such Distribution Period; (iii) “X1” equals the number of days in the Distribution Period for which the Partnership Units in Series B1 were issued and outstanding; and (iv) “X2” equals the number of days in the Distribution Period for which the Partnership Units in Series B2 were issued and outstanding.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Carramerica Realty Corp), Limited Partnership Agreement (U-Store-It Trust), Limited Partnership Agreement (Kite Realty Group Trust)

Distributions When Class B Units Have Been Issued on Different Dates. If Class B Units which have been issued on different dates are outstanding on the Partnership Record Date for any Distribution Period, then the Class B Units issued on each particular date shall be treated as a separate series of Partnership Units for purposes of making the allocation of Available Cash for such Distribution Period among the holders of Partnership Units (and the formula for making such allocation, and the definitions of variables used therein, shall be modified accordingly). Thus, for example, if two series of Class B Units are outstanding on the Partnership Record Date for any Distribution Period, the allocation formula for each series, “Series B1” and “Series B2” would be as follows: (1a) Series B1 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (2b) Series B2 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (3c) For purposes of the foregoing formulas the definitions set forth in Section 5.1.C(3) remain the same except that (i) “B1” equals the number of Partnership Units in Series B1 outstanding on the Partnership Record Date for such Distribution Period; (ii) “B2” equals the number of Partnership Units in Series B2 outstanding on the Partnership Record Date for such Distribution Period; (iii) “X1” equals the number of days in the Distribution Period for which the Partnership Units in Series B1 were issued and outstanding; and (iv) “X2” equals the number of days in the Distribution Period for which the Partnership Units in Series B2 were issued and outstanding. For purposes of the foregoing calculations, LTIP Units with an associated Distribution Participation Date that falls on or before the date of the relevant distribution shall be treated as outstanding Class A Units.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Parkway, Inc.), Limited Partnership Agreement (Parkway, Inc.)

Distributions When Class B Units Have Been Issued on Different Dates. If Class B Units which have been issued on different dates are outstanding on the Partnership Record Date for any Distribution Period, then the Class B Units issued on each particular date shall be treated as a separate series of Partnership Units for purposes of making the allocation of Available Cash for such Distribution Period among the holders of Partnership Units (and the formula for making such allocation, and the definitions of variables used therein, shall be modified accordingly). Thus, for example, if two series of Class B Units are outstanding on the Partnership Record Date for any Distribution Period, the allocation formula for each series, “Series B1” and “Series B2” would be as follows: (1) Series B1 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (2) Series B2 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (3) For purposes of the foregoing formulas the definitions set forth in Section 5.1.C(3) remain the same except that (i) “B1” equals the number of Partnership Units in Series B1 outstanding on the Partnership Record Date for such Distribution Period; (ii) “B2” equals the number of Partnership Units in Series B2 outstanding on the Partnership Record Date for such Distribution Period; (iii) X1” equals the number of days in the Distribution Period for which the Partnership Units in Series B1 were issued and outstanding; and (iv) “X2” equals the number of days in the Distribution Period for which the Partnership Units in Series B2 were issued and outstanding.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Republic Property Trust), Limited Partnership Agreement (Republic Property Trust)

Distributions When Class B Units Have Been Issued on Different Dates. If Class B Units which have been issued on different dates are outstanding on the Partnership Record Date for any Distribution Period, then the Class B Units issued on each particular date shall be treated as a separate series of Partnership Units for purposes of making the allocation of Available Cash for such Distribution Period among the holders of Partnership Units (and the formula for making such allocation, and the definitions of variables used therein, shall be modified accordingly). Thus, for example, if two series of Class B Units are outstanding on the Partnership Record Date for any Distribution Period, the allocation formula for each series, “Series B1” and “Series B2” would be as follows: (1) Series B1 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction:: B1 x X1 (A x Y)+(B1 x X1)+(B2 x X2) (2) Series B2 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction:: B2 x X2 (A x Y)+(B1 x X1)+(B2 x X2) (3) For purposes of the foregoing formulas the definitions set forth in Section 5.1.C(3) 5.1.C.3 remain the same except that (i) “B1” equals the number of Partnership Units in Series B1 outstanding on the Partnership Record Date for such Distribution Period; (ii) “B2” equals the number of Partnership Units in Series B2 outstanding on the Partnership Record Date for such Distribution Period; (iii) “X1” equals the number of days in the Distribution Period for which the Partnership Units in Series B1 were issued and outstanding; and (iv) “X2” equals the number of days in the Distribution Period for which the Partnership Units in Series B2 were issued and outstanding.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Host Hotels & Resorts L.P.), Agreement of Limited Partnership (Host Hotels & Resorts, Inc.)

Distributions When Class B Units Have Been Issued on Different Dates. If Class B Units which have been issued on different dates are outstanding on the Partnership Record Date for any Distribution Period, then the Class B Units issued on each particular date shall be treated as a separate series of Partnership Units for purposes of making the allocation of Available Cash for such Distribution Period among the holders of Partnership Units (and the formula for making such allocation, and the definitions of variables used therein, shall be modified accordingly). Thus, for example, if two series of Class B Units are outstanding on the Partnership Record Date for any Distribution Period, the allocation formula for each series, “Series B1” and “Series B2” would be as follows: (1) Series B1 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (2) Series B2 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (3) For purposes of the foregoing formulas the definitions set forth in Section 5.1.C(3) remain the same except that (i) “B1” equals the number of Partnership Units in Series B1 outstanding on the Partnership Record Date for such Distribution Period; (ii) “B2” equals the number of Partnership Units in Series B2 outstanding on the Partnership Record Date for such Distribution Period; (iii) “X1” equals the number of days in the Distribution Period for which the Partnership Units in Series B1 were issued and outstanding; and (iv) “X2” equals the number of days in the Distribution Period for which the Partnership Units in Series B2 were issued and outstanding.Distribution

Appears in 2 contracts

Samples: Limited Partnership Agreement (Chesapeake Lodging Trust), Limited Partnership Agreement (Chesapeake Lodging Trust)

Distributions When Class B Units Have Been Issued on Different Dates. If Class B Units which have been issued on different dates are outstanding on the Partnership Record Date for any Distribution Period, then the Class B Units issued on each particular date shall be treated as a separate series of Partnership Units for purposes of making the allocation of Available Cash for such Distribution Period among the holders of Partnership Units (and the formula for making such allocation, and the definitions of variables used therein, shall be modified accordingly). Thus, for example, if two series of Class B Units are outstanding on the Partnership Record Date for any Distribution Period, the allocation formula for each series, “Series B1” and “Series B2” would be as follows: (14) Series B1 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (25) Series B2 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (36) For purposes of the foregoing formulas the definitions set forth in Section 5.1.C(3) remain the same except that (i) “B1” equals the number of Partnership Units in Series B1 outstanding on the Partnership Record Date for such Distribution Period; (ii) “B2” equals the number of Partnership Units in Series B2 outstanding on the Partnership Record Date for such Distribution Period; (iii) “X1” equals the number of days in the Distribution Period for which the Partnership Units in Series B1 were issued and outstanding; and (iv) “X2” equals the number of days in the Distribution Period for which the Partnership Units in Series B2 were issued and outstanding.

Appears in 1 contract

Samples: Limited Partnership Agreement (Education Realty Operating Partnership L P)

Distributions When Class B Units Have Been Issued on Different Dates. If Class B Units which have been issued on different dates are outstanding on the Partnership Record Date for any Distribution Period, then the Class B Units issued on each particular date shall be treated as a separate series of Partnership Units for purposes of making the allocation of Available Cash for such Distribution Period among the holders of Partnership Units (and the formula for making such allocation, and the definitions of variables used therein, shall be modified accordingly). Thus, for example, if two series of Class B Units are outstanding on the Partnership Record Date for any Distribution Period, the allocation formula for each series, “Series B1” and “Series B2” would be as follows: (1) Series B1 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (2) Series B2 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (3) For purposes of the foregoing formulas the definitions set forth in Section 5.1.C(3) remain the same except that (i) “B1” equals the number of Partnership Units in Series B1 outstanding on the Partnership Record Date for such Distribution Period; (ii) “B2” equals the number of Partnership Units in Series B2 outstanding on the Partnership Record Date for such Distribution Period; (iii) “X1” equals the number of days in the Distribution Period for which the Partnership Units in Series B1 were issued and outstanding; and (iv) “X2” equals the number of days in the Distribution Period for which the Partnership Units in Series B2 were issued and outstanding. For purposes of the foregoing calculations, LTIP Units with an associated Distribution Participation Date that falls on or before the date of the relevant distribution shall be treated as outstanding Class A Units.

Appears in 1 contract

Samples: Limited Partnership Agreement (Cousins Properties Inc)

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Distributions When Class B Units Have Been Issued on Different Dates. If Class B Units which have been issued on different dates are outstanding on the Partnership Record Date for any Distribution Period, then the Class B Units issued on each particular date shall be treated as a separate series of Partnership Units for purposes of making the allocation of Available Cash for such Distribution Period among the holders of Partnership Units (and the formula for making such allocation, and the definitions of variables used therein, shall be modified accordingly). Thus, for example, if two series of Class B Units are outstanding on the Partnership Record Date for any Distribution Period, the allocation formula for each series, "Series B1" and "Series B2" would be as follows: (1) Series B1 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (2) Series B2 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (3) For purposes of the foregoing formulas the definitions set forth in Section 5.1.C(3) 5.1.C.3 remain the same except that (i) "B1" equals the number of Partnership Units in Series B1 outstanding on the Partnership Record Date for such Distribution Period; (ii) "B2" equals the number of Partnership Units in Series B2 outstanding on the Partnership Record Date for such Distribution Period; (iii) “X1” "Xi" equals the number of days in the Distribution Period for which the Partnership Units in Series B1 were issued and outstanding; and (iv) "X2" equals the number of days in the Distribution Period for which the Partnership Units in Series B2 were issued and outstanding.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Host Hotels & Resorts L.P.)

Distributions When Class B Units Have Been Issued on Different Dates. If In the event that Class B Units which have been issued on different dates are outstanding on the Partnership Record Date for any Distribution Period, then the Class B Units issued on each particular date shall be treated as a separate series of Partnership Units for purposes of making the allocation of Available Cash for such Distribution Period among the holders of Partnership Units (and the formula for making such allocation, and the definitions of variables used therein, shall be modified accordingly). Thus, for example, if two series of Class B Units are outstanding on the Partnership Record Date for any Distribution Period, the allocation formula for each series, "Series B1" and "Series B2" would be as follows: (1) Series B1 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction:: Bl × X1 (A × Y)+(Bl × X1)+(B2 × X2) (2) Series B2 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction:: B2 × X2 (A × Y)+(Bl × Xl)+(B2 × X2) (3) For purposes of the foregoing formulas the definitions set forth in Section 5.1.C(3) 5.1.C.3 above remain the same except that (i) “B1” "Bl" equals the number of Partnership Units in Series B1 outstanding on the Partnership Record Date for such Distribution Period; (ii) "B2" equals the number of Partnership Units in Series B2 outstanding on the Partnership Record Date for such Distribution Period; (iii) “X1” "Xl" equals the number of days in the Distribution Period for which the Partnership Units in Series B1 were issued and outstanding; and (iv) "X2" equals the number of days in the Distribution Period for which the Partnership Units in Series B2 were issued and outstanding.

Appears in 1 contract

Samples: Limited Partnership Agreement (Sl Green Realty Corp)

Distributions When Class B Units Have Been Issued on Different Dates. If Class B Units which have been issued on different dates are outstanding on the Partnership Record Date for any Distribution Period, then the Class B Units issued on each particular date shall be treated as a separate series of Partnership Units for purposes of making the allocation of Available Cash for such Distribution Period among the holders of Partnership Units (and the formula for making such allocation, and the definitions of variables used therein, shall be modified accordingly). Thus, for example, if two series of Class B Units are outstanding on the Partnership Record Date for any Distribution Period, the allocation formula for each series, “Series B1” and “Series B2” would be as follows: (1) Series B1 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction:: Table of Contents (2) Series B2 shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (3) For purposes of the foregoing formulas the definitions set forth in Section 5.1.C(3) remain the same except that (i) “B1” equals the number of Partnership Units in Series B1 outstanding on the Partnership Record Date for such Distribution Period; (ii) “B2” equals the number of Partnership Units in Series B2 outstanding on the Partnership Record Date for such Distribution Period; (iii) “X1” equals the number of days in the Distribution Period for which the Partnership Units in Series B1 were issued and outstanding; and (iv) “X2” equals the number of days in the Distribution Period for which the Partnership Units in Series B2 were issued and outstanding. For purposes of the foregoing calculations, LTIP Units with an associated Distribution Participation Date that falls on or before the date of the relevant distribution shall be treated as outstanding Class A Units.

Appears in 1 contract

Samples: Merger Agreement (Parkway Properties Inc)

Distributions When Class B Units Have Been Issued on Different Dates. If In the event that Class B Units which have been issued on different dates are outstanding on the Partnership Record Date for any Distribution Period, then the Class B Units issued on each particular date shall be treated as a separate series of Partnership Units for purposes of making the allocation of Available Cash for such Distribution Period among the holders of Partnership Units (and the formula for making such allocation, and the definitions of variables used therein, shall be modified accordingly). Thus, for example, if two series of Class B Units are outstanding on the Partnership Record Date for any Distribution Period, the allocation formula for each series, "Series B1” B(1)" and "Series B2” B(2)" would be as follows: (1) Series B1 B(1) shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: B(1) x X(1) --------------------------------------- (A x Y)+(B(1) x X(1))+(B(2) x X(2)) (2) Series B2 B(2) shall receive that portion of the Available Cash determined by multiplying the amount of Available Cash by the following fraction: (3) For purposes of the foregoing formulas the definitions set forth in Section 5.1.C(3) 5.1.C.3 above remain the same except that (i) “B1” "B(1)" equals the number of Partnership Units in Series B1 B(1) outstanding on the Partnership Record Date for such Distribution Period; (ii) “B2” "B(2)" equals the number of Partnership Units in Series B2 B(2) outstanding on the Partnership Record Date for such Distribution Period; (iii) “X1” "X(1)" equals the number of days in the Distribution Period for which the Partnership Units in Series B1 B(1) were issued and outstanding; and (iv) “X2” "X(2)" equals the number of days in the Distribution Period for which the Partnership Units in Series B2 B(2) were issued and outstanding.

Appears in 1 contract

Samples: Limited Partnership Agreement (Mendik Co Inc)

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