Common use of Election of Form of Payment Clause in Contracts

Election of Form of Payment. If as a result of the prorations and apportionments set forth in Section 12.01, the Transferor Partners owe an amount to the BRI Partnership, the Transferor Partnership shall have the right to elect on behalf of the Transferor Partners to adjust for such amounts owing by the Transferor Partners to the BRI Partnership in the form of BRI Partnership Units rather than cash. In addition, if as a result of the prorations and apportionments set forth in Section 12.01, the BRI Partnership owes an amount to the Transferor Partners, such amount shall be paid in the form of BRI Partnership Units rather than cash. The Transferor Agent shall have the right to elect to adjust for amounts owing to the Transferor Partners or the BRI Partnership, as the case may be, in the form of cash and/or BRI Partnership Units. The Transferor Agent shall notify the BRI Partnership at least seven (7) business days prior to the Closing Date of the manner in which the Transferor Partnership shall have elected to settle adjustments under Section 12.

Election of Form of Payment. If If, as a result of the prorations and apportionments set forth in Section 12.01, the Transferor Partners owe an amount to the BRI Partnership, the Transferor Partnership shall have the right to elect on behalf of the Transferor Partners to adjust for such amounts owing by the Transferor Partners to the BRI Partnership in the form of BRI Partnership Units rather than cash. In addition, if as a result of the prorations and apportionments set forth in Section 12.01, the BRI Partnership owes an amount to the Transferor Partners, such amount shall be paid in the form of BRI Partnership Units rather than cash. The Transferor Agent shall have the right to elect to adjust for amounts owing to the Transferor Partners or the BRI Partnership, as the case may be, in the form of cash and/or BRI Partnership Units. The Transferor Agent shall notify the BRI Partnership at least seven (7) business days prior to the Closing Date of the manner in which the Transferor Partnership shall have elected to settle adjustments under Section 12.

Election of Form of Payment. If If, as a result of the prorations and apportionments set forth in Section 12.01, the Transferor Partners owe an amount to the BRI Partnership, the Transferor Partnership shall have the right to elect on behalf of the Transferor Partners to adjust for such amounts owing by the Transferor Partners to the BRI Partnership in the form of BRI Partnership Units rather than cash. In addition, if as a result of the prorations and apportionments set forth in Section 12.01, the BRI Partnership owes an amount to the Transferor Partners, such amount shall be paid in the form of BRI Partnership Units rather than cash. The Transferor Agent shall have the right to elect to adjust for amounts owing to the Transferor Partners or the BRI Partnership, as the case may be, in the form of cash and/or BRI Partnership Units. The Transferor Agent shall notify the BRI Partnership at least seven (7) business days prior to the Closing Date of the manner in which the Transferor Partnership shall have elected to settle adjustments under Section 12.. SECTION 13 FAILURE TO PERFORM

Election of Form of Payment. If as a result of the prorations and apportionments set forth in Section 12.01, the Transferor Partners owe an amount to the BRI Partnership, the Transferor Partnership shall have the right to elect on behalf of the Transferor Partners to adjust for such amounts owing by the Transferor Partners to the BRI Partnership in the form of BRI Partnership Units rather than cash. In addition, if as a result of the prorations and apportionments set forth in Section 12.01, the BRI Partnership owes an amount to the Transferor Partners, such amount shall be paid in the form of BRI Partnership Units rather than cash. The Transferor Agent shall have the right to elect to adjust for amounts owing to the Transferor Partners or the BRI Partnership, as the case may be, in the form of cash and/or BRI Partnership Units. The Transferor Agent shall notify the BRI Partnership at least seven (7) business days prior to the Closing Date of the manner in which the Transferor Partnership shall have elected to settle adjustments under Section 12.. SECTION 13