Common use of Dual Unit Certificate System Clause in Contracts

Dual Unit Certificate System. To implement the policy set forth in subparagraph (a) hereof, the Partnership may institute a Dual Unit Certificate System such that (i) each Unit Certificate representing Units that are Owned by a U.S. Citizen shall be marked “U.S. Citizen” and each Unit Certificate representing Units that are Owned by a Non-U.S. Citizen shall be marked “Non-U.S. Citizen,” but with all such Unit Certificates to be identical in all other respects and to comply with all provisions of the Delaware Act; (ii) to the extent necessary to enable the Partnership to submit any proof of citizenship required by law or by contract with the United States government (or any agency thereof), the Partnership may require the Record Holders and the Owners of such Units to confirm their citizenship status from time to time, and voting rights and distributions payable with respect to Units held by such Record Holder or Owned by such Owner may, in the discretion of the General Partner, be withheld until confirmation of such citizenship status is received; and (iii) the Unit Register of the Partnership shall be maintained in such manner as to enable the percentage of Units that is Owned by Non-U.S. Citizens and by U.S. Citizens to be confirmed. The General Partner is authorized to take such other ministerial actions or make such interpretations as it may deem necessary or advisable in order to implement the policy set forth in subparagraph (a) hereof.

Appears in 3 contracts

Samples: Limited Partnership Agreement (K-Sea Transportation Partners Lp), Limited Partnership Agreement (U.S. Shipping Partners L.P.), Limited Partnership Agreement (K-Sea Transportation Partners Lp)

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Dual Unit Certificate System. To implement the policy set forth in subparagraph (a) hereof, the Partnership may institute a Dual Unit Certificate System such that (i) each Unit Certificate representing Units that are Owned by a U.S. Citizen shall be marked “U.S. Citizen” and each Unit Certificate representing Units that are Owned by a Non-U.S. Citizen shall be marked “Non-U.S. Citizen,” but with all such Unit Certificates to be identical in all other respects and to comply with all provisions of the Delaware Act; , (ii) to the extent necessary to enable the Partnership to submit any proof of citizenship required by law or by contract with the United States government (or any agency thereof), the Partnership may require the Record Holders and the Owners of such Units to confirm their citizenship status from time to time, and voting rights and distributions payable with respect to Units held by such Record Holder or Owned by such Owner may, in the discretion of the General Partner, be withheld until confirmation of such citizenship status is received; received and (iii) the Unit Register of the Partnership shall be maintained in such manner as to enable the percentage of Units of any class that is Owned by Non-U.S. Citizens and by U.S. Citizens to be confirmed. The General Partner is authorized to take such other ministerial actions or make such interpretations as it may deem necessary or advisable in order to implement the policy set forth in subparagraph (a) hereof.

Appears in 1 contract

Samples: Agreement of Limited Partnership (OSG America L.P.)

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