Common use of ELECTION AND COMPUTATION OF PURCHASE PRICE Clause in Contracts

ELECTION AND COMPUTATION OF PURCHASE PRICE. The Purchase Price payable by the General Partner to each Exercising Partner for the Offered Series C Preferred Units shall be payable by the issuance by the General Partner of the number of shares of its Series C Preferred Stock equal to the number of Series C Preferred Units being converted (the "Series C Preferred Stock Purchase Price"). At the election of an Exercising Partner, the Purchase Price shall be paid by the General Partner in shares of its Common Stock rather than in Series C Preferred Stock (the "Common Stock Purchase Price"). The Common Stock Purchase Price shall mean, with respect to the applicable number of Offered Series C Preferred Units for which an Exercising Partner has elected to receive the Common Stock Purchase Price rather than the Series C Preferred Stock Purchase Price, the number of shares of the General Partner's Common Stock that would be issued to the Exercising Partner if the Exercising Partner held the number of shares of the General Partner's Series C Preferred Stock equal to the number of Offered Series C Preferred Units and converted such shares to shares of the General Partner's Common Stock pursuant to the terms and provisions of the General Partner's Articles of Incorporation.

ELECTION AND COMPUTATION OF PURCHASE PRICE. The Purchase Price payable by the General Partner to each Exercising Partner for the Offered Series C Convertible Preferred Units shall be payable by the issuance by the General Partner of the product, expressed as a whole number, of (i) the number of shares of its Series C Convertible Preferred Stock equal to the number of Series C Convertible Preferred Units being converted converted, multiplied by (ii) the Preferred Exchange Factor (the "Series C Convertible Preferred Stock Purchase Price"). At the election of an Exercising Partner, the Purchase Price shall be paid by the General Partner in shares of its Common Stock rather than in Series C Convertible Preferred Stock (the "Common Stock Purchase Price"). The Common Stock Purchase Price shall mean, with respect to the applicable number of Offered Series C Convertible Preferred Units for which an Exercising Partner has elected to receive the Common Stock Purchase Price rather than the Series C Convertible Preferred Stock Purchase Price, the number of shares of the General Partner's Common Stock that would be issued to the Exercising Partner if the Exercising Partner held the number of shares of the General Partner's Series C Convertible Preferred Stock equal to the number of such shares that the Exercising Partner would have received if he had converted his Offered Series C Convertible Preferred Units into such shares and then converted such shares to shares of the General Partner's Common Stock pursuant to the terms and provisions of the General Partner's Articles of Incorporation.