Exchange Rights Agreement. An exchange rights agreement on customary terms shall have been entered into by the parties hereto, which shall permit exchange of the Operating Partnership Units for American Spectrum Common Shares subject to customary limitations on and after the first anniversary of the Closing, shall have been executed and delivered.
Exchange Rights Agreement. Attachment 2.........................................................
Exchange Rights Agreement. The Limited Partners have been granted the right, but not the obligation, to exchange all or a portion of their OP Units for cash or at the option of the Company, for shares of REIT Stock on the terms and subject to the conditions and restrictions contained in those certain Exchange Rights Agreements among the Company and the particular Limited Partners (as amended from time to time, the "Exchange Rights Agreements").
Exchange Rights Agreement. (a) The Limited Partners have been granted the right, but not the obligation, to exchange all or a portion of their OP Units for cash or, at the option of the General Partner, for shares of REIT Stock on the terms and subject to the conditions and restrictions contained in that certain Exchange Rights Agreement among the General Partners and the Limited Partners (as amended from time to time, the "Exchange Rights Agreement"), the form of which is attached hereto as Exhibit E.
(b) The Limited Partners and all successors, assignees and transferees (whether by operation of law, including by merger or consolidation, dissolution or liquidation of an entity that is a Limited Partner, or otherwise) shall be bound by the provisions of the Exchange Rights Agreement.
Exchange Rights Agreement. The Starwood Parties shall have entered into the Exchange Rights Agreement and the Exchange Rights Agreement shall be in full force and effect.
Exchange Rights Agreement. The Contributing Parties shall have entered into the Transfer Restriction and Exchange Rights Agreement in the form of Exhibit "B" attached hereto (the "EXCHANGE RIGHTS AGREEMENT"), and the Exchange Rights Agreement shall be in full force and effect.
Exchange Rights Agreement. The Contributors shall have entered into an Exchange Rights Agreement with the Contributee and the Company, substantially in the form of Exhibit H hereto.
Exchange Rights Agreement. 42 ARTICLE 9 BOOKS, RECORDS, ACCOUNTING AND REPORTS................................................42 9.1
Exchange Rights Agreement. (i) The SCI Members have been granted the right to exchange all or a portion of their Special Common Interests for cash from the Company or, at the option of the Managing Member, for CharterMac Common Shares from the Managing Member on the terms and subject to the conditions and restrictions contained in the Exchange Rights Agreement. If Special Common Interests are exchanged for CharterMac Common Shares, the Capital Account of the Managing Member shall be increased in the amount that the Capital Accounts of the SCI Members exchanging such Special Common Interests are decreased.
(ii) The SCI Members and all successors, assignees and transferees (whether by operation of law, including without limitation by merger or consolidation, dissolution or liquidation of an Entity that is an SCI Member) shall be bound by the provisions of the Exchange Rights Agreement.
Exchange Rights Agreement. (a) The Initial Investor Members have been granted the right (and, in the event of a CharterMac Extraordinary Transaction, may in accordance with Section 8.2(d), have the obligation) to exchange all or a portion of their Special Common Units for cash from the Company or, at the option of the Managing Member, for CharterMac Common Shares from the Managing Member on the terms and subject to the conditions and restrictions contained in the Exchange Rights Agreement. Special Common Units that are exchanged for cash or CharterMac Common Shares shall be cancelled. If Special Common Units are exchanged for CharterMac Common Shares, the Capital Account of the Managing Member shall be increased in the amount that the Capital Accounts of the Investor Members exchanging such Special Common Units are decreased.
(b) The Initial Investor Members and all successors, assignees and transferees (whether by operation of law, including without limitation by merger or consolidation, dissolution or liquidation of an Entity that is a Investor Member, or otherwise) shall be bound by the provisions of the Exchange Rights Agreement.
