Common use of Exchange Price Adjustments Clause in Contracts

Exchange Price Adjustments. (i) The Exchange Price is subject to adjustment upon certain events, including (i) subdivisions, combinations and reclassification of the Series D Preferred Stock, and (ii) distributions to all holders of Series D Preferred Stock of evidences of indebtedness of the Company or assets (including securities, but excluding dividends and distributions paid in cash out of equity applicable to the Series D Preferred Stock). In addition to the foregoing adjustments, the Company will be permitted to make such reduction in the Exchange Price as it considers to be advisable in order that any event treated for Federal income tax purposes as a dividend of stock or stock rights will not be taxable to the holders of the Common Stock.

Appears in 2 contracts

Samples: Essex Property Trust Inc, Essex Portfolio Lp

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Exchange Price Adjustments. (i) The Exchange Price is subject to adjustment upon certain events, including (i) subdivisions, combinations and reclassification of the Series D B Preferred Stock, and (ii) distributions to all holders of Series D B Preferred Stock of evidences of indebtedness of the Company or assets (including securities, but excluding dividends and distributions paid in cash out of equity applicable to the Series D B Preferred Stock). In addition to the foregoing adjustments, the Company will be permitted to make such reduction in the Exchange Price as it considers to be advisable in order that any event treated for Federal income tax purposes as a dividend of stock or stock rights will not be taxable to the holders of the Common Stock.

Appears in 1 contract

Samples: Essex Property Trust Inc

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Exchange Price Adjustments. (i) The Exchange Price is subject to adjustment upon certain events, including (i) subdivisions, combinations and reclassification of the Series D C Preferred Stock, and (ii) distributions to all holders of Series D C Preferred Stock of evidences of indebtedness of the Company or assets (including securities, but excluding dividends and distributions paid in cash out of equity applicable to the Series D C Preferred Stock). In addition to the foregoing adjustments, the Company will be permitted to make such reduction in the Exchange Price as it considers to be advisable in order that any event treated for Federal income tax purposes as a dividend of stock or stock rights will not be taxable to the holders of the Common Stock.

Appears in 1 contract

Samples: Essex Property Trust Inc

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