Common use of Future Plans Clause in Contracts

Future Plans. Following the completion of the Offer, the Purchasers, or their affiliates, may acquire additional Units. Any such acquisitions may be made through private purchases, one or more future tender offers or by any other means deemed advisable or appropriate. Any such acquisitions may be at a consideration higher or lower than the consideration to be paid for the Units purchased pursuant to the Offer. The Purchasers are seeking to purchase a total of 10 Units. If the Purchasers acquire fewer than 10 Units pursuant to the Offer, the Purchasers may seek to make further purchases on the open market at prevailing prices, or solicit Units pursuant to one or more future tender offers at the same price, a higher price or, if the Company’s circumstances change, at a lower price. Alternatively, the Purchasers may discontinue any further purchases of Units after termination of the Offer, regardless of the number of Units purchased. The Offer is not made with any current view toward or plan or purpose of acquiring Units in a series of successive and periodic offers. Nevertheless, as noted above, the Purchasers reserve the right to gauge the response to this solicitation, and, if not successful in purchasing 10 Units in this Offer, may consider future offers. Factors affecting the Purchasers’ future interest in acquiring additional Units include, but are not limited to, the relative success of the current Offer, any increase or decrease in the availability of capital for investment by the Purchasers and their investment fund affiliates, the current diversification and performance of each affiliated fund’s portfolio of real estate interests, the development of any public market in the Units or actions by unrelated parties to tender for or purchase Units, the status of and changes and trends in the Company’s operations, announcement of pending property sales and the proposed terms of sales, and local and national real estate and financial market developments and trends. The Purchasers are acquiring the Units pursuant to the Offer solely for investment purposes. The Purchasers have no present intention to seek control of the Company or to change the management or operations of the Company. The Purchasers intend to vote in favor of the consolidation transaction proposed by the Company, and will vote in favor of the voluntary pro rata reimbursement program. The Purchasers nevertheless reserve the right, at an appropriate time, to exercise their rights to vote on matters subject to a vote, including, but not limited to, any vote to affecting the sale of the Company’s properties and the liquidation and dissolution of the Company. Except as expressly set forth herein, the Purchasers have no present intention to seek control of the Company, to cause the Company to engage in any extraordinary transaction, to cause any purchase, sale or transfer of a material amount of the assets of any Company, to make any change in the distribution policies, indebtedness or capitalization of any Company or to change the structure, management or operations of the Company, the listing status of the Units or the reporting requirements of the Company.

Appears in 2 contracts

Samples: Offer to Purchase (Mackenzie Capital Management, Lp), Offer to Purchase (Mackenzie Capital Management, Lp)

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Future Plans. Following the completion of the Offer, the Purchasers, or their affiliates, may acquire additional Units. Any such acquisitions may be made through private purchases, one or more future tender offers or by any other means deemed advisable or appropriate. Any such acquisitions may be at a consideration higher or lower than the consideration to be paid for the Units purchased pursuant to the Offer. The Purchasers are seeking to purchase a total of 10 40 Units. If the Purchasers acquire fewer than 10 40 Units pursuant to the Offer, the Purchasers may seek to make further purchases on the open market at prevailing prices, or solicit Units pursuant to one or more future tender offers at the same price, a higher price or, if the Company’s circumstances change, at a lower price. Alternatively, the Purchasers may discontinue any further purchases of Units after termination of the Offer, regardless of the number of Units purchased. The Offer is not made with any current view toward or plan or purpose of acquiring Units in a series of successive and periodic offers. Nevertheless, as noted above, the Purchasers reserve the right to gauge the response to this solicitation, and, if not successful in purchasing 10 40 Units in this Offer, may consider future offers. Factors affecting the Purchasers’ future interest in acquiring additional Units include, but are not limited to, the relative success of the current Offer, any increase or decrease in the availability of capital for investment by the Purchasers and their investment fund affiliates, the current diversification and performance of each affiliated fund’s portfolio of real estate interests, the development of any public market in the Units or actions by unrelated parties to tender for or purchase Units, the status of and changes and trends in the Company’s operations, announcement of pending property sales and the proposed terms of sales, and local and national real estate and financial market developments and trends. The Purchasers are acquiring the Units pursuant to the Offer solely for investment purposes. The Purchasers have no present intention to seek control of the Company or to change the management or operations of the Company. The Purchasers intend to vote in favor of the consolidation transaction proposed by the Company, and will vote in favor of the voluntary pro rata reimbursement program. The Purchasers nevertheless reserve the right, at an appropriate time, to exercise their rights to vote on matters subject to a vote, including, but not limited to, any vote to affecting the sale of the Company’s properties and the liquidation and dissolution of the Company. Except as expressly set forth herein, the Purchasers have no present intention to seek control of the Company, to cause the Company to engage in any extraordinary transaction, to cause any purchase, sale or transfer of a material amount of the assets of any Company, to make any change in the distribution policies, indebtedness or capitalization of any Company or to change the structure, management or operations of the Company, the listing status of the Units or the reporting requirements of the Company.

Appears in 2 contracts

Samples: Offer to Purchase (Mackenzie Capital Management, Lp), Offer to Purchase (Mackenzie Capital Management, Lp)

Future Plans. Following the completion of the Offer, the Purchasers, or their affiliates, may acquire additional Units. Any such acquisitions may be made through private purchases, one or more future tender offers or by any other means deemed advisable or appropriate. Any such acquisitions may be at a consideration higher or lower than the consideration to be paid for the Units purchased pursuant to the Offer. The Purchasers are seeking to purchase a total of 10 170 Units. If the Purchasers acquire fewer than 10 170 Units pursuant to the Offer, the Purchasers may seek to make further purchases on the open market at prevailing prices, or solicit Units pursuant to one or more future tender offers at the same price, a higher price or, if the Company’s circumstances change, at a lower price. Alternatively, the Purchasers may discontinue any further purchases of Units after termination of the Offer, regardless of the number of Units purchased. The Offer is not made with any current view toward or plan or purpose of acquiring Units in a series of successive and periodic offers. Nevertheless, as noted above, the Purchasers reserve the right to gauge the response to this solicitation, and, if not successful in purchasing 10 170 Units in this Offer, may consider future offers. Factors affecting the Purchasers’ future interest in acquiring additional Units include, but are not limited to, the relative success of the current Offer, any increase or decrease in the availability of capital for investment by the Purchasers and their investment fund affiliates, the current diversification and performance of each affiliated fund’s portfolio of real estate interests, the development of any public market in the Units or actions by unrelated parties to tender for or purchase Units, the status of and changes and trends in the Company’s operations, announcement of pending property sales and the proposed terms of sales, and local and national real estate and financial market developments and trends. The Purchasers are acquiring the Units pursuant to the Offer solely for investment purposes. The Purchasers have no present intention to seek control of the Company or to change the management or operations of the Company. The Purchasers intend to vote in favor of the consolidation transaction proposed by the Company, and will vote in favor of the voluntary pro rata reimbursement program. The Purchasers nevertheless reserve the right, at an appropriate time, to exercise their rights to vote on matters subject to a vote, including, but not limited to, any vote to affecting the sale of the Company’s properties and the liquidation and dissolution of the Company. Except as expressly set forth herein, the Purchasers have no present intention to seek control of the Company, to cause the Company to engage in any extraordinary transaction, to cause any purchase, sale or transfer of a material amount of the assets of any Company, to make any change in the distribution policies, indebtedness or capitalization of any Company or to change the structure, management or operations of the Company, the listing status of the Units or the reporting requirements of the Company.

Appears in 2 contracts

Samples: Offer to Purchase (Mackenzie Capital Management, Lp), Offer to Purchase (Mackenzie Capital Management, Lp)

Future Plans. Following the completion of the Offer, the Purchasers, or their affiliates, may acquire additional Units. Any such acquisitions may be made through private purchases, one or more future tender offers or by any other means deemed advisable or appropriate. Any such acquisitions may be at a consideration higher or lower than the consideration to be paid for the Units purchased pursuant to the Offer. The Purchasers are seeking to purchase a total of 10 300 Units. If the Purchasers acquire fewer than 10 300 Units pursuant to the Offer, the Purchasers may seek to make further purchases on the open market at prevailing prices, or solicit Units pursuant to one or more future tender offers at the same price, a higher price or, if the CompanyPartnership’s circumstances change, at a lower price. Alternatively, the Purchasers may discontinue any further purchases of Units after termination of the Offer, regardless of the number of Units purchased. The Offer is not made with any current view toward or plan or purpose of acquiring Units in a series of successive and periodic offers. Nevertheless, as noted above, the Purchasers reserve the right to gauge the response to this solicitation, and, if not successful in purchasing 10 300 Units in this Offer, may consider future offers. Factors affecting the Purchasers’ future interest in acquiring additional Units include, but are not limited to, the relative success of the current Offer, any increase or decrease in the availability of capital for investment by the Purchasers and their investment fund affiliates, the current diversification and performance of each affiliated fund’s portfolio of real estate interests, the development of any public market in the Units or actions by unrelated parties to tender for or purchase Units, the status of and changes and trends in the CompanyPartnership’s operations, announcement of pending property oil well sales and the proposed terms of sales, and local and national real estate and financial market developments and trends. The Purchasers are acquiring the Units pursuant to the Offer solely for investment purposes. The Purchasers have no present intention to seek control of the Company Partnership or to change the management or operations of the CompanyPartnership. The Purchasers intend do not have any present intention to vote take any action in favor connection with the liquidation of the consolidation transaction proposed by the Company, and will vote in favor of the voluntary pro rata reimbursement programPartnership. The Purchasers nevertheless reserve the right, at an appropriate time, to exercise their rights as limited partners to vote on matters subject to a limited partner vote, including, but not limited to, any vote to affecting the sale of the CompanyPartnership’s properties xxxxx and the liquidation and dissolution of the CompanyPartnership. Except as expressly set forth herein, the Purchasers have no present intention to seek control of the CompanyPartnership, to cause the Company Partnership to engage in any extraordinary transaction, to cause any purchase, sale or transfer of a material amount of the assets of any CompanyPartnership, to make any change in the distribution policies, indebtedness or capitalization of any Company Partnership or to change the structure, management or operations of the CompanyPartnership, the listing status of the Units or the reporting requirements of the CompanyPartnership. However, if the Purchasers purchase over 50% of the outstanding Units of the Partnership (pursuant to this and any other tender offers and other purchases), they will be in a position to control the Partnership by virtue of being able to remove and replace the General Partner, to cause the Partnership to sell its assets, and to liquidate the Partnership.

Appears in 1 contract

Samples: Offer to Purchase (Mackenzie Patterson Fuller, Lp)

Future Plans. Following the completion of the Offer, the Purchasers, or their affiliates, may acquire additional UnitsShares. Any such acquisitions may be made through private purchases, one or more future tender offers or by any other means deemed advisable or appropriate. Any such acquisitions may be at a consideration higher or lower than the consideration to be paid for the Units Shares purchased pursuant to the Offer. The Purchasers are seeking to purchase a total of 10 Units4,000,000 Shares. If the Purchasers acquire fewer than 10 Units 4,000,000 Shares pursuant to the Offer, the Purchasers may seek to make further purchases on the open market at prevailing prices, or solicit Units Shares pursuant to one or more future tender offers at the same price, a higher price or, if the Company’s Corporation's circumstances change, at a lower price. Alternatively, the Purchasers may discontinue any further purchases of Units Shares after termination of the Offer, regardless of the number of Units Shares purchased. The Offer is not made with any current view toward or plan or purpose of acquiring Units Shares in a series of successive and periodic offers. Nevertheless, as noted above, the Purchasers reserve the right to gauge the response to this solicitation, and, if not successful in purchasing 10 Units 4,000,000 Shares in this Offer, may consider future offers. Factors affecting the Purchasers' future interest in acquiring additional Units Shares include, but are not limited to, the relative success of the current Offer, any increase or decrease in the availability of capital for investment by the Purchasers and their investment fund affiliates, the current diversification and performance of each affiliated fund’s 's portfolio of real estate interests, the development of any public market in the Units Shares or actions by unrelated parties to tender for or purchase UnitsShares, the status of and changes and trends in the Company’s Corporation's operations, announcement of pending property sales and the proposed terms of sales, and local and national real estate and financial market developments and trends. The Purchasers are acquiring the Units Shares pursuant to the Offer solely for investment purposes. The Purchasers have no present intention to seek control of the Company Corporation or to change the management or operations of the CompanyCorporation. The Purchasers intend do not have any present intention to vote take any action in favor connection with the liquidation of the consolidation transaction proposed by the Company, and will vote in favor of the voluntary pro rata reimbursement programCorporation. The Purchasers nevertheless reserve the right, at an appropriate time, to exercise their rights as shareholders to vote on matters subject to a shareholder vote, including, but not limited to, any vote to affecting the sale of the Company’s Corporation's properties and the liquidation and dissolution of the CompanyCorporation. Except as expressly set forth herein, the Purchasers have no present intention to seek control of the CompanyCorporation, to cause the Company Corporation to engage in any extraordinary transaction, to cause any purchase, sale or transfer of a material amount of the assets of any CompanyCorporation, to make any change in the distribution dividend policies, indebtedness or capitalization of any Company Corporation or to change the structure, management or operations of the CompanyCorporation, the listing status of the Units Shares or the reporting requirements of the CompanyCorporation. However, if the Purchasers purchase a significant number of the outstanding Shares of the Corporation (pursuant to this and any other tender offers and other purchases), they may be in a position to control the Corporation by virtue of being able to vote in board of directors elections and other matters requiring shareholder consent.

Appears in 1 contract

Samples: Offer to Purchase (Mackenzie Capital Management, Lp)

Future Plans. Following the completion of the Offer, the Purchasers, or their affiliates, may acquire additional UnitsShares. Any such acquisitions may be made through private purchases, one or more future tender offers or by any other means deemed advisable or appropriate. Any such acquisitions may be at a consideration higher or lower than the consideration to be paid for the Units Shares purchased pursuant to the Offer. The Purchasers are seeking to purchase a total of 10 Units1,000,000 Shares. If the Purchasers acquire fewer than 10 Units 1,000,000 Shares pursuant to the Offer, the Purchasers may seek to make further purchases on the open market at prevailing prices, or solicit Units Shares pursuant to one or more future tender offers at the same price, a higher price or, if the CompanyCorporation’s circumstances change, at a lower price. Alternatively, the Purchasers may discontinue any further purchases of Units Shares after termination of the Offer, regardless of the number of Units Shares purchased. The Offer is not made with any current view toward or plan or purpose of acquiring Units Shares in a series of successive and periodic offers. Nevertheless, as noted above, the Purchasers reserve the right to gauge the response to this solicitation, and, if not successful in purchasing 10 Units 1,000,000 Shares in this Offer, may consider future offers. Factors affecting the Purchasers’ future interest in acquiring additional Units Shares include, but are not limited to, the relative success of the current Offer, any increase or decrease in the availability of capital for investment by the Purchasers and their investment fund affiliates, the current diversification and performance of each affiliated fund’s portfolio of real estate interests, the development of any public market in the Units Shares or actions by unrelated parties to tender for or purchase UnitsShares, the status of and changes and trends in the CompanyCorporation’s operations, announcement of pending property sales and the proposed terms of sales, and local and national real estate and financial market developments and trends. The Purchasers are acquiring the Units Shares pursuant to the Offer solely for investment purposes. The Purchasers have no present intention to seek control of the Company Corporation or to change the management or operations of the CompanyCorporation. The Purchasers intend do not have any present intention to vote take any action in favor connection with the liquidation of the consolidation transaction proposed by the Company, and will vote in favor of the voluntary pro rata reimbursement programCorporation. The Purchasers nevertheless reserve the right, at an appropriate time, to exercise their rights as shareholders to vote on matters subject to a shareholder vote, including, but not limited to, any vote to affecting the sale of the CompanyCorporation’s properties and the liquidation and dissolution of the CompanyCorporation. Except as expressly set forth herein, the Purchasers have no present intention to seek control of the CompanyCorporation, to cause the Company Corporation to engage in any extraordinary transaction, to cause any purchase, sale or transfer of a material amount of the assets of any CompanyCorporation, to make any change in the distribution dividend policies, indebtedness or capitalization of any Company Corporation or to change the structure, management or operations of the CompanyCorporation, the listing status of the Units Shares or the reporting requirements of the CompanyCorporation. However, if the Purchasers purchase a significant number of the outstanding Shares of the Corporation (pursuant to this and any other tender offers and other purchases), they may be in a position to control the Corporation by virtue of being able to vote in board of directors elections and other matters requiring shareholder consent.

Appears in 1 contract

Samples: Offer to Purchase (Mackenzie Patterson Fuller, Lp)

Future Plans. Following the completion of the Offer, the Purchasers, or their affiliates, may acquire additional Units. Any such acquisitions may be made through private purchases, one or more future tender offers or by any other means deemed advisable or appropriate. Any such acquisitions may be at a consideration higher or lower than the consideration to be paid for the Units purchased pursuant to the Offer. The Purchasers are seeking to purchase a total of 10 25 Units. If the Purchasers acquire fewer than 10 25 Units pursuant to the Offer, the Purchasers may seek to make further purchases on the open market at prevailing prices, or solicit Units pursuant to one or more future tender offers at the same price, a higher price or, if the Company’s circumstances change, at a lower price. Alternatively, the Purchasers may discontinue any further purchases of Units after termination of the Offer, regardless of the number of Units purchased. The Offer is not made with any current view toward or plan or purpose of acquiring Units in a series of successive and periodic offers. Nevertheless, as noted above, the Purchasers reserve the right to gauge the response to this solicitation, and, if not successful in purchasing 10 25 Units in this Offer, may consider future offers. Factors affecting the Purchasers’ future interest in acquiring additional Units include, but are not limited to, the relative success of the current Offer, any increase or decrease in the availability of capital for investment by the Purchasers and their investment fund affiliates, the current diversification and performance of each affiliated fund’s portfolio of real estate interests, the development of any public market in the Units or actions by unrelated parties to tender for or purchase Units, the status of and changes and trends in the Company’s operations, announcement of pending property sales and the proposed terms of sales, and local and national real estate and financial market developments and trends. The Purchasers are acquiring the Units pursuant to the Offer solely for investment purposes. The Purchasers have no present intention to seek control of the Company or to change the management or operations of the Company. The Purchasers intend to vote in favor of the consolidation transaction proposed by the Company, and will vote in favor of the voluntary pro rata reimbursement program. The Purchasers nevertheless reserve the right, at an appropriate time, to exercise their rights to vote on matters subject to a vote, including, but not limited to, any vote to affecting the sale of the Company’s properties and the liquidation and dissolution of the Company. Except as expressly set forth herein, the Purchasers have no present intention to seek control of the Company, to cause the Company to engage in any extraordinary transaction, to cause any purchase, sale or transfer of a material amount of the assets of any Company, to make any change in the distribution policies, indebtedness or capitalization of any Company or to change the structure, management or operations of the Company, the listing status of the Units or the reporting requirements of the Company.

Appears in 1 contract

Samples: Offer to Purchase (Mackenzie Capital Management, Lp)

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Future Plans. Following the completion of the Offer, the Purchasers, or their affiliates, may acquire additional Units. Any such acquisitions may be made through private purchases, one or more future tender offers or by any other means deemed advisable or appropriate. Any such acquisitions may be at a consideration higher or lower than the consideration to be paid for the Units purchased pursuant to the Offer. The Purchasers are seeking to purchase a total of 10 5,000,000 Units. If the Purchasers acquire fewer than 10 5,000,000 Units pursuant to the Offer, the Purchasers may seek to make further purchases on the open market at prevailing prices, or solicit Units pursuant to one or more future tender offers at the same price, a higher price or, if the CompanyCorporation’s circumstances change, at a lower price. Alternatively, the Purchasers may discontinue any further purchases of Units after termination of the Offer, regardless of the number of Units purchased. The Offer is not made with any current view toward or plan or purpose of acquiring Units in a series of successive and periodic offers. Nevertheless, as noted above, the Purchasers reserve the right to gauge the response to this solicitation, and, if not successful in purchasing 10 5,000,000 Units in this Offer, may consider future offers. Factors affecting the Purchasers’ future interest in acquiring additional Units include, but are not limited to, the relative success of the current Offer, any increase or decrease in the availability of capital for investment by the Purchasers and their investment fund affiliates, the current diversification and performance of each affiliated fund’s portfolio of real estate interests, the development of any public market in the Units or actions by unrelated parties to tender for or purchase Units, the status of and changes and trends in the CompanyCorporation’s operations, announcement of pending property sales and the proposed terms of sales, and local and national real estate and financial market developments and trends. The Purchasers are acquiring the Units pursuant to the Offer solely for investment purposes. The Purchasers have no present intention to seek control of the Company Corporation or to change the management or operations of the CompanyCorporation. The Purchasers intend do not have any present intention to vote take any action in favor connection with the liquidation of the consolidation transaction proposed by the Company, and will vote in favor of the voluntary pro rata reimbursement programCorporation. The Purchasers nevertheless reserve the right, at an appropriate time, to exercise their rights as Unitholders to vote on matters subject to a Unitholder vote, including, but not limited to, any vote to affecting the sale of the CompanyCorporation’s properties and the liquidation and dissolution of the CompanyCorporation. Except as expressly set forth herein, the Purchasers have no present intention to seek control of the CompanyCorporation, to cause the Company Corporation to engage in any extraordinary transaction, to cause any purchase, sale or transfer of a material amount of the assets of any CompanyCorporation, to make any change in the distribution dividend policies, indebtedness or capitalization of any Company Corporation or to change the structure, management or operations of the CompanyCorporation, the listing status of the Units or the reporting requirements of the CompanyCorporation. However, if the Purchasers purchase a significant number of the outstanding Units of the Corporation (pursuant to this and any other tender offers and other purchases), they may be in a position to control the Corporation by virtue of being able to vote in board of directors elections and other matters requiring Unitholder consent.

Appears in 1 contract

Samples: Offer to Purchase (Mackenzie Patterson Fuller, Lp)

Future Plans. Following the completion of the Offer, the Purchasers, or their affiliates, may acquire additional UnitsShares. Any such acquisitions may be made through private purchases, one or more future tender offers or by any other means deemed advisable or appropriate. Any such acquisitions may be at a consideration higher or lower than the consideration to be paid for the Units Shares purchased pursuant to the Offer. The Purchasers are seeking to purchase a total of 10 Units40 Shares. If the Purchasers acquire fewer than 10 Units 40 Shares pursuant to the Offer, the Purchasers may seek to make further purchases on the open market at prevailing prices, or solicit Units Shares pursuant to one or more future tender offers at the same price, a higher price or, if the CompanyCorporation’s circumstances change, at a lower price. Alternatively, the Purchasers may discontinue any further purchases of Units Shares after termination of the Offer, regardless of the number of Units Shares purchased. The Offer is not made with any current view toward or plan or purpose of acquiring Units Shares in a series of successive and periodic offers. Nevertheless, as noted above, the Purchasers reserve the right to gauge the response to this solicitation, and, if not successful in purchasing 10 Units 40 Shares in this Offer, may consider future offers. Factors affecting the Purchasers’ future interest in acquiring additional Units Shares include, but are not limited to, the relative success of the current Offer, any increase or decrease in the availability of capital for investment by the Purchasers and their investment fund affiliates, the current diversification and performance of each affiliated fund’s portfolio of real estate interests, the development of any public market in the Units Shares or actions by unrelated parties to tender for or purchase UnitsShares, the status of and changes and trends in the CompanyCorporation’s operations, announcement of pending property sales and the proposed terms of sales, and local and national real estate and financial market developments and trends. The Purchasers are acquiring the Units Shares pursuant to the Offer solely for investment purposes. The Purchasers have no present intention to seek control of the Company Corporation or to change the management or operations of the CompanyCorporation. The Purchasers intend do not have any present intention to vote take any action in favor connection with the liquidation of the consolidation transaction proposed by the Company, and will vote in favor of the voluntary pro rata reimbursement programCorporation. The Purchasers nevertheless reserve the right, at an appropriate time, to exercise their rights as shareholders to vote on matters subject to a shareholder vote, including, but not limited to, any vote to affecting the sale of the CompanyCorporation’s properties and the liquidation and dissolution of the CompanyCorporation. Except as expressly set forth herein, the Purchasers have no present intention to seek control of the CompanyCorporation, to cause the Company Corporation to engage in any extraordinary transaction, to cause any purchase, sale or transfer of a material amount of the assets of any CompanyCorporation, to make any change in the distribution dividend policies, indebtedness or capitalization of any Company Corporation or to change the structure, management or operations of the CompanyCorporation, the listing status of the Units Shares or the reporting requirements of the CompanyCorporation. However, if the Purchasers purchase a significant number of the outstanding Shares of the Corporation (pursuant to this and any other tender offers and other purchases), they may be in a position to control the Corporation by virtue of being able to vote in board of directors elections and other matters requiring shareholder consent.

Appears in 1 contract

Samples: Offer to Purchase (Mackenzie Patterson Fuller, Lp)

Future Plans. Following the completion of the Offer, the Purchasers, or their affiliates, may acquire additional UnitsShares. Any such acquisitions may be made through private purchases, one or more future tender offers or by any other means deemed advisable or appropriate. Any such acquisitions may be at a consideration higher or lower than the consideration to be paid for the Units Shares purchased pursuant to the Offer. The Purchasers are seeking to purchase a total of 10 Units10,000,000 Shares. If the Purchasers acquire fewer than 10 Units 10,000,000 Shares pursuant to the Offer, the Purchasers may seek to make further purchases on the open market at prevailing prices, or solicit Units Shares pursuant to one or more future tender offers at the same price, a higher price or, if the CompanyCorporation’s circumstances change, at a lower price. Alternatively, the Purchasers may discontinue any further purchases of Units Shares after termination of the Offer, regardless of the number of Units Shares purchased. The Offer is not made with any current view toward or plan or purpose of acquiring Units Shares in a series of successive and periodic offers. Nevertheless, as noted above, the Purchasers reserve the right to gauge the response to this solicitation, and, if not successful in purchasing 10 Units 10,000,000 Shares in this Offer, may consider future offers. Factors affecting the Purchasers’ future interest in acquiring additional Units Shares include, but are not limited to, the relative success of the current Offer, any increase or decrease in the availability of capital for investment by the Purchasers and their investment fund affiliates, the current diversification and performance of each affiliated fund’s portfolio of real estate interests, the development of any public market in the Units Shares or actions by unrelated parties to tender for or purchase UnitsShares, the status of and changes and trends in the CompanyCorporation’s operations, announcement of pending property sales and the proposed terms of sales, and local and national real estate and financial market developments and trends. The Purchasers are acquiring the Units Shares pursuant to the Offer solely for investment purposes. The Purchasers have no present intention to seek control of the Company Corporation or to change the management or operations of the CompanyCorporation. The Purchasers intend do not have any present intention to vote take any action in favor connection with the liquidation of the consolidation transaction proposed by the Company, and will vote in favor of the voluntary pro rata reimbursement programCorporation. The Purchasers nevertheless reserve the right, at an appropriate time, to exercise their rights as shareholders to vote on matters subject to a shareholder vote, including, but not limited to, any vote to affecting the sale of the CompanyCorporation’s properties and the liquidation and dissolution of the CompanyCorporation. Except as expressly set forth herein, the Purchasers have no present intention to seek control of the CompanyCorporation, to cause the Company Corporation to engage in any extraordinary transaction, to cause any purchase, sale or transfer of a material amount of the assets of any CompanyCorporation, to make any change in the distribution dividend policies, indebtedness or capitalization of any Company Corporation or to change the structure, management or operations of the CompanyCorporation, the listing status of the Units Shares or the reporting requirements of the CompanyCorporation.

Appears in 1 contract

Samples: Offer to Purchase (Mackenzie Patterson Fuller, Lp)

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