Investor List. In addition to the other records maintained by the Company, the Company shall maintain at all times, in alphabetical order and on white paper with printing in not less than 10 point type, a list of Limited Members, including the names, addresses and business telephone numbers of the Limited Members and the number of Units held by each, which shall be updated at least quarterly to reflect changes in the information contained therein. The list of Limited Members shall be available for inspection by any Limited Member or such Limited Member's designated agent at the office of the Company upon request of such Limited Member. In addition, a copy of the Limited Member list shall be mailed to any Limited Member requesting the same within ten (10) days of the receipt of a written request. The Company may charge a reasonable fee to such Limited Member to cover the costs of reproduction and postage. The purposes for which such list may be requested by the Limited Members shall include, without limitation, matters relating to voting rights of the Limited Members and the exercise of rights of the Limited Members under federal proxy laws. If the Managing Member neglects or refuses to exhibit, produce or mail a copy of the Limited Member list as requested, the Managing Member shall be liable for the costs, including attorneys' fees, incurred by the Limited Member in compelling the production of the list and for the actual damages suffered by the Limited Member by reason of such refusal or neglect. It shall be a defense of the Managing Member that the actual purpose and reason for the request for inspection or for a copy of the Limited Member list is to secure such list or other information for the purpose of selling such list or copies thereof, or of using the same for a commercial purpose other than in the interest of the applicant as a Limited Member relative to the affairs of the Company. The Managing Member may require the Limited Member requesting such list to represent that the list is not requested for a commercial purpose unrelated to the Limited Member's interest in the Company. For all such purposes, the acquisition of additional Units shall be considered a commercial purpose unrelated to the Limited Member's interest in the Company. The Managing Member may also require, as a condition to making such list available, (i) that the list be requested under the signature of the Limited Member of record rather than a person or entity holding a power of attorney for ...
Investor List. A list of investors in the Partnership shall be maintained, and investors shall have access to such list, as follows:
A. During the term of the Partnership and for a period of four years thereafter, the Depositary, at the expense of the Partnership, shall maintain in the Partnership's principal place of business specified in Article IV hereof an alphabetical list of the names, addresses, business telephone numbers and interests held by each of the Partners and Interest Holders of the Partnership (including the dates on which each of the Partners and Interest Holders became or ceased to be a Partner or Interest Holder) (the "investor list"). The investor list shall be updated at least quarterly to reflect changes in the information contained therein. For federal tax purposes, the Depositary shall be the designated person for maintaining investor lists.
B. An Interest Holder or an assignee of an Interest Holder's SDIs (an "inspecting person"), on written request, may examine and copy the investor list at the Partnership's principal place of business, in person or by the inspecting person's representative, at any reasonable time, and at the inspecting person's expense.
C. Within 10 days following receipt of a written request from any inspecting person made to the Depositary at the address specified in Article IV hereof, the Depositary shall mail to the inspecting person a copy of the investor list, which shall be printed in alphabetical order, on white paper and in a readily readable type size (in no event smaller than 10-point type). The Depositary may require the inspecting person to pay a reasonable charge for costs of reproduction and mailing.
D. The purposes for which an inspecting person may examine, copy or request a copy of the investor list include, without limitation, matters relating to the inspecting person's voting rights under this Agreement and the exercise of the inspecting person's rights under federal proxy laws. Before making the investor list available for examination and copying by an inspecting person or mailing a copy of the investor list to an inspecting person, the Depositary may require the inspecting person to represent in writing that the investor list is not being requested for a commercial purpose unrelated to the inspecting person's interest in the Partnership.
E. If the Depositary neglects or refuses to exhibit, produce or mail a copy of the investor list pursuant to a request from an inspecting person properly made in accordan...
Investor List. Prior to the Closing Date, the Representative shall provide the Company with a list of investors to which the Underwriters allocated Warrants (the “Investor List”). The Investor List shall specify the name, address and number of Warrants to be sold to each such investor. Prior to the Closing Date, the Company shall provide a draft of the Warrants to the Representative for review. On the Closing Date, the Company shall deliver the Warrants to the investors by mailing such instruments to each investor in accordance with the Investor List through a U.S. nationally recognized overnight courier service. If the Company, upon the instruction of the Representative, registers a Warrant in the name of any person or entity to which any Underwriter intends to sell such Warrant, then such Underwriter shall have the right to thereafter, but prior to the Closing Date, request the re-registration of such Warrant (and the Company shall be required to re-register such Warrant) in the name of any other person or entity (it being understood that such re-registration is intended to permit an Underwriter to resell such Warrant in the event that the person or entity to which such Underwriter originally intended to sell such Warrant shall fail to pay the purchase price of such Warrant).
Investor List. The Issuer and the Depositor have agreed in the Placement Agency Agreement dated as of December 1, 2011 (the “PAA”), to have the Escrow Agent hold in safekeeping the sealed envelope containing the List as defined in the PAA. The sealed envelope with the List will be delivered by the Depositor to the Escrow Agent within five (5) days of the final closing of the Offering along with a written notice identifying the date of the final closing. Unless otherwise directed, the Escrow Agent will hold the sealed envelope in safekeeping for a period of twenty four (24) months from the date of the final closing and shall have no duty to examine the contents of such envelope. The Escrow Agent will release and deliver the List upon receipt of a written notice signed by both the Issuer and the Depositor directing the Escrow Agent to forward the sealed envelope to the Issuer. If such notice has not been received, the Escrow Agent shall automatically release and deliver the sealed envelope to the Depositor promptly following the expiration of the twenty four (24) month period. All notices will be in writing and sent to the addresses provided in this Escrow Agreement.
