Common use of Eligible Investors Clause in Contracts

Eligible Investors. A. If the General Partner determines that a Unit Holder or Substituted Limited Partner is not an Eligible Investor (i) then the Unit Holder shall immediately be divested of its rights to Consent on matters submitted to Unit Holders and Substituted Limited Partners (and no such Depositary Units shall be Consented by the Depositary or otherwise deemed outstanding for purposes of Consents of Unit Holders under this Agreement), and (ii) if such Person is subject to a higher rate of windfall profits tax than the rate imposed upon other Unit Holders and Substituted Limited Partners, the General Partner shall adjust actual cash distributions payable to such Person in order to reflect accurately any varying rate of windfall profits tax imposed. Any amounts so withheld shall be deemed to have been distributed and the tax shall be treated as paid by the Person.

Eligible Investors. A. If the General Partner determines that a Unit Holder or Substituted Limited Partner is not an Eligible Investor (i) then the Unit Holder shall immediately be divested of its his rights to Consent on matters submitted to Unit Holders and Substituted Limited Partners (and no such Depositary Units shall be Consented by the Depositary or otherwise deemed outstanding for purposes of Consents of Unit Holders under this Agreement), and (ii) if such Person is subject to a higher rate of windfall profits tax than the rate imposed upon other Unit Holders and Substituted Limited Partners, the General Partner shall adjust actual cash distributions payable to such Person in order to reflect accurately any varying rate of windfall profits tax imposed. Any amounts so withheld shall be deemed to have been distributed and the tax shall be treated as paid by the Person.