Issuance of Preferred Units. Subject to Sections 4.5(f)(ii), 4.6(f)(ii), 4.7(f)(ii), 4.8(f)(ii) and 4.9(f)(ii), Preferred Units may be issued to any Limited Partner if, as a result of such issuance and the application of the proceeds therefrom, the sum of (i) the aggregate liquidation preference of all outstanding Preferred Units entitled to priority upon liquidation and (ii) the Partnership's gross sales price of outstanding Preferred Units entitled to priority only with respect to distributions of Available Cash would not exceed twenty thirty percent (230%) of the Partnership's book value before depreciation and amortization as of the end of the calendar quarter preceding the date of issuance, determined in accordance with generally accepted accounting principles. Nothing in this Section 4.2(b)(i) shall be construed to prohibit the General Partner from (i) redeeming Series A Preferred Units or other Preferred Units issued from time to time pursuant to this Section 4.2(b)(i) to third parties who are not Affiliates of the General Partner and (ii) holding and receiving distributions on such Redeemed Preferred Units where such Units are redeemed in exchange for preferred stock of the General Partner having designations, preferences and other rights substantially similar to the designations, preferences and other rights of the Units so redeemed."
Issuance of Preferred Units. The Preferred Units shall be issued by the Partnership pursuant to a Class D Preferred Unit Purchase Agreement, dated as of April 16, 2013 (the “Purchase Agreement”), by and among the Partnership and the purchasers named therein.
Issuance of Preferred Units. The Preferred Units shall be issued by the Partnership pursuant to a Class C Preferred Unit Purchase Agreement, dated as of [ ], 2013 (the “Purchase Agreement”), by and between the Partnership and Atlas Energy, L.P.
Issuance of Preferred Units. Pursuant to Section 4.3(a)(i) of the Partnership Agreement, the Partnership hereby agrees to issue up to an aggregate of 600,000 Preferred Units to the Purchaser, at one or more closings. The Preferred Units will have the rights, powers, privileges, restrictions, qualifications, and limitations specified in Exhibit I hereto. In consideration for the issuance of the Preferred Units, the Purchaser agrees to make a Capital Contribution to the Partnership in an amount up to an aggregate of $15,000,000, at one or more closings, in accordance with the terms of the Purchase Agreement. The admission of the Purchaser as an additional Limited Partner of the Partnership shall become effective as of the date of this Amendment, which shall also be the date upon which the name of the Purchaser is recorded on the books and records of the Partnership and Exhibit A to the Partnership Agreement is amended to reflect such admission.
Issuance of Preferred Units. Pursuant to Section 4.2A of the Partnership Agreement, the Partnership hereby designates a new series for Preferred Units as 8.95% Series B Cumulative Redeemable Preferred Units (the "SERIES B PREFERRED UNITS"), with a liquidation preference of $25.00 per Series B Preferred Unit, and the Series B Preferred Units shall have the rights, preferences, exchange rights, voting powers and restrictions, limitations as to distributions, qualifications and terms and conditions specified in the Partnership Unit Designation attached as SCHEDULE A to this Amendment (which schedule shall be titled Schedule B when attached to the Partnership Agreement). The number of Series B Preferred Units shall be 3,800,000.
Issuance of Preferred Units. On the terms and subject to the conditions of this Agreement, at the Closing, the JV Entity agrees to issue and sell to Partner, and Partner agrees to purchase from the JV Entity, the Partner Units, for an aggregate purchase price equal to the Partner Investment Amount, which aggregate purchase price shall be paid by wire transfer in immediately available funds on the Closing Date to the account designated in writing by the JV Entity at least five Business Days in advance of the Closing Date. Upon receipt of the Partner Investment Amount, the JV Entity shall immediately contribute the Partner Investment Amount to Xxxxxx Intermediate.
Issuance of Preferred Units. Upon execution and delivery by a Person --------------------------- of (a) a Forest Bank Management Easement or a Forest Bank Management and Conservation Easement (including any and all documents as may be required to file such documents and give such documents effect), (b) a Subscription Agreement and (c) this Agreement, the LLC shall (x) issue Preferred Units of the class and in the number set forth in the Subscription Agreement to such Person, as evidenced by delivery of an appropriate Certificate to such Person, (y) admit such Person as a Member and (z) revise the Unit Record hereto to reflect the admission of such Person as a Member and the issuance of such Preferred Units to such Member.
Issuance of Preferred Units. Pursuant to Section 4.2(a)(i) of the Partnership Agreement, the Partnership hereby agrees to issue up to an aggregate of 15,000,000 Preferred Units to the Purchaser, at one or more closings. The Preferred Units will have the rights, powers, privileges, restrictions, qualifications, and limitations specified in Exhibit I hereto. In consideration for the issuance of the Preferred Units, the Purchaser agrees to make a Capital Contribution to the Partnership in an amount up to an aggregate of $150,000,000, at one or more closings, in accordance with the terms of the Purchase Agreement; provided, however, that the aggregate amount of Purchaser's outstanding investment in the Preferred Units at any given time shall not exceed $50,000,000. The admission of the Purchaser as an additional Limited Partner of the Partnership shall become effective as of the date of this Amendment, which shall also be the date upon which the name of the Purchaser is recorded on the books and records of the Partnership and Exhibit A to the Partnership Agreement is amended to reflect such admission.
Issuance of Preferred Units. Pursuant to Section 4.2.A of the Partnership Agreement, the Partnership hereby designates a new series of Preferred Units as 8.75% Series C Cumulative Redeemable Preferred Units ("Series C Preferred Units") and the Series C Preferred Units shall have the rights, preferences, exchange rights, voting powers and other restrictions, limitations as to distributions, qualifications and terms and conditions specified in the Partnership Unit Designation attached as SCHEDULE A to this Amendment to the Partnership Agreement (which schedule shall be titled Schedule C when attached to the Partnership Agreement).
Issuance of Preferred Units. At or prior to the Initial Closing, the Issuers shall cause the limited partnership agreements of each of OZ Management, OZ Advisors I, and OZ Advisors II to be amended to provide for the issuance of the Preferred Units.
