Issuance of Additional Common Units Sample Clauses

Issuance of Additional Common Units. At any time without the consent of any Partner, but subject to the provisions of Section 8.4 hereof, the General Partner may, upon its determination that the issuance of additional Units (“Additional Units”) is in the best interests of the Partnership, cause the Partnership to issue Additional Units to and admit as a Limited Partner in the Partnership, any Person (the “Additional Partner”) in exchange for such consideration as the General Partner deems appropriate, including, without limitation, the contribution by such Person of cash and/or property desirable to further the purposes of the Partnership under Section 2.3 hereof or past or future services rendered by such Person to or for the benefit of the Partnership. The General Partner may admit an Additional Partner to the Partnership upon such terms as it deems appropriate. The General Partner shall be authorized on behalf of each of the Partners to amend this Agreement to reflect the admission of any Additional Partner in accordance with the provisions of this Section 8.3 in the event that the General Partner deems such amendment to be desirable, and the General Partner promptly shall deliver a copy of such amendment to each Limited Partner. Notwithstanding anything contained herein to the contrary, an Additional Partner that acquires Additional Units pursuant to this Section 8.3 shall not acquire any interest in and may not exercise or otherwise participate in any Rights pursuant to the Rights Agreements unless they are expressly granted such rights.
AutoNDA by SimpleDocs
Issuance of Additional Common Units. (a) At any time without the consent of any Partner, but subject to the provisions of Section 8.4 hereof, the General Partner may, upon its determination that the issuance of additional Common Units (“Additional Units”) is in the best interests of the Partnership, cause the Partnership to issue Additional Units to and admit as a Limited Partner in the Partnership, any Person (the “Additional Partner”) in exchange for the contribution by such Person of cash and/or property desirable to further the purposes of the Partnership under Section 2.3 hereof. The number of Additional Units issued to any Additional Partner shall be equal to the product of the (a) Conversion Factor multiplied by (b) the quotient of (i) the Gross Asset Value of the property contributed by the Additional Partner (net of liabilities assumed by the Partnership in connection with the contribution of such property to the Partnership or to which such property is subject) as of the date of contribution (the “Contribution Date”) divided by (ii) Current Per Share Market Price in respect of such transaction, and the General Partner may admit an Additional Partner to the Partnership upon such other terms as it deems appropriate. The General Partner shall be authorized on behalf of each of the Partners to amend this Agreement to reflect the admission of any Additional Partner in accordance with the provisions of this Section 8.3 in the event that the General Partner deems such amendment to be desirable, and the General Partner promptly shall deliver a copy of such amendment to each Limited Partner. Notwithstanding anything contained herein to the contrary, an Additional Partner that acquires Additional Units pursuant to this Section 8.3 shall not acquire any interest in and may not exercise or otherwise participate in any Rights pursuant to the Rights Agreements unless they are expressly granted such rights. (i) Upon issuance by either of the General Partner or the Public REIT of shares of its common stock pursuant to the CSA or in settlement of any dispute relating to the CSA, the Partnership shall issue to the General Partner an equal number of Common Units and (ii) upon issuance of shares of its preferred stock pursuant to the CSA, the Partnership shall issue to the General Partner an equal number of Preferred Units with terms that are equivalent to the terms of such shares of preferred stock. Notwithstanding anything to the contrary contained in the Partnership Agreement, if there are one or mo...
Issuance of Additional Common Units. Upon the earlier to occur of the expiration of the Over-Allotment Option period or the exercise in full of the Over-Allotment Option, the Partnership will (A) issue to NRGY a number of additional Common Units that is equal to the excess, if any, of (x) [—] over (y) the aggregate number of Common Units, if any, actually purchased by and issued to the Underwriters pursuant to the exercise of the Over-Allotment Option on the Option Closing Date(s), and (B) make a cash distribution to NRGY equal to the aggregate amount of cash, if any, contributed by the Underwriters to the Partnership on the Option Closing Date(s) pursuant to Section 3.1 hereof, less the amount of the Spread and the Structuring Fee.
Issuance of Additional Common Units. Since the Over-Allotment Option has been exercised in full, the Partnership will not issue any additional Common Units to Marketing LLC, in connection with the Over-Allotment Option.
Issuance of Additional Common Units. Upon the expiration of the Option Period, the Partnership will issue to Marketing LLC a number of additional Common Units that is equal to the excess, if any, of (x) [ ] over (y) the aggregate number of Common Units, if any, actually purchased by and issued to the Underwriters pursuant to each exercise of the Over-Allotment Option.
Issuance of Additional Common Units. Upon the expiration of the Option Period, the Partnership will issue to TO a number of additional Common Units that is equal to the excess, if any, of (x) 407,500 over (y) the aggregate number of additional Option Units, if any, actually purchased by and issued to the Underwriters pursuant to each additional exercise of the Over-Allotment Option after the Closing Date.
Issuance of Additional Common Units i. Until the Company consummates its IPO, in the event the Company shall issue any Additional Common Units (as defined below), at a price per share less than the Exercise Price then in effect or without consideration, then the Exercise Price upon each such issuance shall be adjusted to that price determined by multiplying the Exercise Price then in effect by a fraction: (A) the numerator of which shall be equal to the sum of (x) the number of outstanding Common Units (assuming full exercise, conversion or exchange of all warrants and other securities which are convertible into or exercisable or exchangeable for, and any right to subscribe for, Common Units) immediately prior to the issuance of such Additional Common Units plus (y) the number of Common Units (rounded to the nearest whole Common Unit) which the aggregate consideration for the total number of such Additional Common Units so issued would purchase at a price per share equal to the Exercise Price then in effect, and (B) the denominator of which shall be equal to the number of outstanding Common Units (assuming full exercise, conversion or exchange of all warrants and other securities which are convertible into or exercisable or exchangeable for, and any right to subscribe for, Common Units) immediately after the issuance of such Additional Common Units.
AutoNDA by SimpleDocs
Issuance of Additional Common Units. Article VIII of the Second Restated Partnership Agreement is hereby amended by the deletion of Section 8.3 thereof in its entirety and by the substitution of the following new Section 8.3 in its place and stead:
Issuance of Additional Common Units. As consideration for Chardan’s initial capital contribution to the Company, the Company shall issue to Chardan that number of Common Units equal to the number of shares of Chardan Ordinary Shares issued by Chardan pursuant to the terms of the Warrant Sale Agreement, up to a maximum of 233,000 Common Units, at the same time as Chardan issues such Chardan Ordinary Shares.
Issuance of Additional Common Units. Upon the expiration of the Option Period, the Partnership will issue to Tallgrass Development a number of additional Common Units that is equal to the excess, if any, of (x) over (y) the aggregate number of Common Units, if any, actually purchased by and issued to the Underwriters pursuant to each exercise of the Over-Allotment Option.
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!