Common use of Option Units Clause in Contracts

Option Units. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, hereby grants to the several Underwriters, an option to purchase all or any portion of the Option Units at the same purchase price as the Firm Units, for use solely in covering any over allotments made by the Underwriters in the sale and distribution of the Firm Units. The option granted hereunder may be exercised in whole or in part at any time (but not more than once) within 30 days after the effective date of this Agreement upon notice (confirmed in writing) by the Representative to the Company setting forth the aggregate number of Option Units as to which the Underwriters are exercising the option, the names and denominations in which the certificates for the Option Units are to be registered and the date and time, as determined by the Representative, when the Option Units are to be delivered, such time and date being herein referred to as the “Second Closing” and “Second Closing Date”, respectively; provided, however, that the Second Closing Date shall not be earlier than the First Closing Date nor earlier than the second business day after the date on which the option shall have been exercised. No Option Units shall be sold and delivered unless the Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company to the account of the Representative for the respective accounts of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Date.

Option Units. On In addition, upon the basis of the representationsagreements, warranties and agreements herein contained, but subject to the representations and other terms and conditions herein set forth, at the Companypurchase price per share of Common Units set forth in paragraph (a) above, the Partnership hereby grants to the several Underwriters, an option to the Underwriters, acting severally and not jointly, to purchase from the Partnership all or any portion part of the Option Units at set forth in Schedule I, plus any additional number of Option Units which such Underwriter may become obligated to purchase pursuant to the same purchase price as the Firm Units, for use solely in covering any over allotments made by the Underwriters in the sale and distribution provisions of the Firm UnitsSection 8 hereof. The option hereby granted hereunder will expire 30 days after the date hereof and may be exercised in whole or in part at any from time (but not more than once) to time within 30 days after such 30-day period only for the effective date purpose of this Agreement covering over-allotments which may be made in connection with the offering and distribution of the Initial Units upon written notice (confirmed in writing) by the Representative Representatives to the Company Partnership setting forth the aggregate number of Option Units as to which the several Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as determined by the Representative, when the delivery for such Option Units are to be delivered, Units. Any such time and date being herein referred to as of delivery (an “Option Closing Time”) shall be determined by the “Second Closing” and “Second Closing Date”Representatives, respectively; provided, however, that the Second Closing Date but shall not be earlier later than three full business days (or earlier, without the First Closing Date nor earlier consent of the Partnership, than the second two full business day days) after the date on exercise of such option and the delivery of notice of same to the Partnership, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Units, the Partnership will sell that number of Option Units then being purchased, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Schedule II opposite the Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company name of such Underwriter bears to the account total number of Initial Units, subject in each case to such adjustments among the Representative for Underwriters as the respective accounts Representatives in their sole discretion shall make to eliminate any sales or purchases of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional units.

Option Units. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Company hereby grants to the several Underwriters, Underwriters an option to purchase all or any portion of the Option Units at the same purchase price as the Firm Units, for use solely in covering any over over-allotments made by the Underwriters in the sale and distribution of the Firm Units. The option granted hereunder may be exercised in whole or in part at any time (but not more than once) within 30 days after the effective date of this Agreement upon notice (confirmed in writing) by the Representative to the Company setting forth the aggregate number of Option Units as to which the several Underwriters are exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the date and time, as determined by the Representativeyou, when the Option Units are to be delivered, such time and date being herein referred to as the “Second Closing” and “Second Closing Date”, respectively; provided, however, that the Second Closing Date shall not be but in no event earlier than the First Closing Date (as defined below) nor earlier than the second business day or later than the tenth business day after the date on which the option shall have been exercised. The number of Option Units to be purchased by each Underwriter shall be the same percentage of the total number of Option Units to be purchased by the several Underwriters as the number of Firm Units to be purchased by such Underwriter is of the total number of Firm Units to be purchased by the several Underwriters, as adjusted by the Representative in such manner as the Representative deems advisable to avoid fractional shares. No Option Units shall be sold and delivered unless the Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will In no event may the option granted pursuant to this Section 3(b) be delivered by the Company to the account exercised after separation of the Representative for the respective accounts of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing DateFirm Units occurs.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to the Underwriters, severally and not jointly, to purchase all or any portion of the Option up to an additional 315,000 Common Units at the same price per unit of $28.30; provided that the purchase price as per unit for any Option Units purchased upon the Firm Units, for use solely exercise of the overallotment option described in covering this Section 2(b) shall be reduced by an amount per common unit equal to any over allotments made cash distributions declared by the Underwriters in Partnership and payable on the sale and distribution of Initial Units but not payable on the Firm Option Units. The option hereby granted hereunder will expire 30 days after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after to time only for the effective date purpose of this Agreement covering overallotments which may be made in connection with the offering and distribution of the Initial Units upon notice (confirmed in writing) by the Representative Underwriters to the Company Partnership setting forth the aggregate number of Option Units as to which the Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as delivery for such Option Units. Any such time and date of delivery (a “Date of Delivery”) shall be determined by the Representative, when the Option Units are to be delivered, such time and date being herein referred to as the “Second Closing” and “Second Closing Date”, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Units, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Annex I opposite the Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company name of such Underwriter bears to the account total number of Initial Units, subject in each case to such adjustments as the Representative for the respective accounts in its discretion shall make to eliminate any sales or purchases of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional securities.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to the Underwriters, severally and not jointly, to purchase all or any portion of the Option up to an additional 390,000 Common Units at the same price per unit of $22.56; provided that the purchase price as per unit for any Option Units purchased upon the Firm Units, for use solely exercise of the overallotment option described in covering this Section 2(b) shall be reduced by an amount per common unit equal to any over allotments made cash distributions declared by the Underwriters in Partnership and payable on the sale and distribution of Initial Units but not payable on the Firm Option Units. The option hereby granted hereunder will expire 30 days after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after to time only for the effective date purpose of this Agreement covering overallotments which may be made in connection with the offering and distribution of the Initial Units upon notice (confirmed in writing) by the Representative Underwriters to the Company Partnership setting forth the aggregate number of Option Units as to which the Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as determined by the Representative, when the delivery for such Option Units are to be delivered, Units. Any such time and date being herein referred to as of delivery (a “Date of Delivery”) shall be determined by the “Second Closing” and “Second Closing Date”Representatives, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Units, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Annex I opposite the Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company name of such Underwriter bears to the account total number of Initial Units, subject in each case to such adjustments as the Representative for the respective accounts Representatives in their discretion shall make to eliminate any sales or purchases of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional securities.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to the Underwriters, severally and not jointly, to purchase all or any portion of the Option up to an additional 731,155 Common Units at the same price per unit of $28.01; provided that the purchase price as per unit for any Option Units purchased upon the Firm Units, for use solely exercise of the overallotment option described in covering this Section 2(b) shall be reduced by an amount per common unit equal to any over allotments made cash distributions declared by the Underwriters in Partnership and payable on the sale and distribution of Initial Units but not payable on the Firm Option Units. The option hereby granted hereunder will expire 30 days after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after to time only for the effective date purpose of this Agreement covering overallotments which may be made in connection with the offering and distribution of the Initial Units upon notice (confirmed in writing) by the Representative Underwriters to the Company Partnership setting forth the aggregate number of Option Units as to which the Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as determined by the Representative, when the delivery for such Option Units are to be delivered, Units. Any such time and date being herein referred to as of delivery (a “Date of Delivery”) shall be determined by the “Second Closing” and “Second Closing Date”Representatives, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Units, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Annex II opposite the Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company name of such Underwriter bears to the account total number of Initial Units, subject in each case to such adjustments as the Representative for the respective accounts Representatives in their discretion shall make to eliminate any sales or purchases of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional securities.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to the Underwriters, severally and not jointly, to purchase all or any portion of the Option up to an additional 300,000 Common Units at the same price per unit of $23.31; provided that the purchase price as per unit for any Option Units purchased upon the Firm Units, for use solely exercise of the overallotment option described in covering this Section 2(b) shall be reduced by an amount per common unit equal to any over allotments made cash distributions declared by the Underwriters in Partnership and payable on the sale and distribution of Initial Units but not payable on the Firm Option Units. The option hereby granted hereunder will expire 30 days after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after to time only for the effective date purpose of this Agreement covering overallotments which may be made in connection with the offering and distribution of the Initial Units upon notice (confirmed in writing) by the Representative Underwriters to the Company Partnership setting forth the aggregate number of Option Units as to which the Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as delivery for such Option Units. Any such time and date of delivery (a “Date of Delivery”) shall be determined by the Representative, when the Option Units are to be delivered, such time and date being herein referred to as the “Second Closing” and “Second Closing Date”, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Units, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Annex I opposite the Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company name of such Underwriter bears to the account total number of Initial Units, subject in each case to such adjustments as the Representative for the respective accounts in their discretion shall make to eliminate any sales or purchases of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional securities.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to the Underwriters, severally and not jointly, to purchase all or any portion of the up to 1,545,000 Option Units at a price per share equal to the same purchase Purchase Price referred to in Section 2(a) above; provided that the price as the Firm Unitsper share for any Option Units shall be reduced by an amount per share equal to any dividends or distributions declared, for use solely in covering any over allotments made paid or payable by the Underwriters in Partnership on the sale and distribution of the Firm Initial Units but not payable on such Option Units. The option hereby granted hereunder will expire at 11:59 P.M. (New York City time) on the 30th day after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after the effective date of this Agreement to time upon notice (confirmed in writing) by the Representative Representatives to the Company Partnership setting forth the aggregate number of Option Units as to which the several Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as determined by the Representative, when the delivery for such Option Units are to be delivered, Units. Any such time and date being herein referred to as the of delivery (an “Second Closing” and “Second Option Closing Date”) shall be determined by the Representatives, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option (unless postponed in accordance with the provisions of Section 10), nor in any event prior to the Closing Date. If the option is exercised as to all or any portion of the Option Units, the Partnership will sell to the Underwriters, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Exhibit A opposite the Firm name of such Underwriter, plus any additional number of Initial Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company which such Underwriter may become obligated to purchase pursuant to the account provisions of the Representative for the respective accounts of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable Section 10 hereof, bears to the order total number of Initial Units, subject in each case to such adjustments as the Company, as appropriate, at the offices Representatives in their discretion shall make to eliminate any sales or purchases of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional shares.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to purchase all or any portion of the Option Underwriters to purchase, severally and not jointly, up to an additional [—] Common Units at the same purchase price as per unit set forth in Schedule A, less an amount per unit equal to any distributions declared by the Partnership and payable on the Firm Units, for use solely in covering any over allotments made by Units but not payable on the Underwriters in the sale and distribution of the Firm Option Units. The option hereby granted hereunder may be exercised for 30 days after the date hereof and may be exercised in whole or in part at any time (but not more than once) within 30 days after the effective date of this Agreement from time to time upon notice (confirmed in writing) by the Representative Representatives to the Company Partnership setting forth the aggregate number of Option Units as to which the several Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as determined by the Representative, when the delivery for such Option Units are to be delivered, Units. Any such time and date being herein referred of delivery (a “Date of Delivery”) shall be determined by the Representatives, but shall not be sooner than three full business days nor later than seven full business days after the exercise of said option, nor in any event prior to as the “Second Closing” and “Second Closing Date”, respectivelyTime; provided, however, that the Second Closing a Date shall not of Delivery may be earlier sooner than the First Closing Date nor earlier than the second three full business day days after the date on exercise of said option if such Date of Delivery is the Closing Time. If the option is exercised as to all or any portion of the Option Units, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option Units shall be sold and delivered unless the number of Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by set forth in Schedule A opposite the Company name of such Underwriter bears to the account total number of Firm Units, subject, in each case, to such adjustments as the Representative for the respective accounts Representatives in their sole and absolute discretion shall make to eliminate any sales or purchases of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional Units.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to the Underwriters, severally and not jointly, to purchase all or any portion of the Option up to 750,000 Common Units at a price per share equal to the same purchase price as the Firm Units, for use solely Purchase Price referred to in covering any over allotments made by the Underwriters in the sale and distribution of the Firm UnitsSection 2(a) above. The option hereby granted hereunder may be exercised up to 30 days after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after to time only for the effective date purpose of this Agreement covering over-allotments that may be made in connection with the offering and distribution of the Initial Units upon notice (confirmed in writing) by the Representative Representatives to the Company Partnership setting forth the aggregate number of Option Units as to which the several Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as determined by the Representative, when the delivery for such Option Units are to be delivered, Units. Any such time and date being herein referred to as the of delivery (an “Second Closing” and “Second Option Closing Date”) shall be determined by the Representatives, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option, nor in any event prior to the Closing Date, as hereinafter defined. If the option is exercised as to all or any portion of the Option Units, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Exhibit A opposite the Firm name of such Underwriter, plus any additional number of Initial Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company that such Underwriter may become obligated to purchase pursuant to the account provisions of the Representative for the respective accounts of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable Section 9 hereof, bears to the order total number of Initial Units, subject in each case to such adjustments as the Company, as appropriate, at the offices Representatives in their discretion shall make to eliminate any sales or purchases of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional shares.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Parent and the Selling Unitholder hereby grants to the several Underwriters, grant an option to the Underwriters, severally and not jointly, to purchase all or any portion of the Option up to 690,000 Common Units at a price per share equal to the same purchase price as the Firm Units, for use solely Purchase Price referred to in covering any over allotments made by the Underwriters in the sale and distribution of the Firm UnitsSection 2(a) above. The option hereby granted hereunder may be exercised up to 30 days after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after to time only for the effective date purpose of this Agreement covering over-allotments which may be made in connection with the offering and distribution of the Initial Units upon notice (confirmed in writing) by the Representative Representatives to the Company Partnership and the Parent setting forth the aggregate number of Option Units as to which the several Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as determined by the Representative, when the delivery for such Option Units are to be delivered, Units. Any such time and date being herein referred to as the of delivery (an “Second Closing” and “Second Option Closing Date”) shall be determined by the Representatives, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option, nor in any event prior to the Closing Date, as hereinafter defined. If the option is exercised as to all or any portion of the Option Units, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Exhibit A opposite the Firm name of such Underwriter, plus any additional number of Initial Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company which such Underwriter may become obligated to purchase pursuant to the account provisions of the Representative for the respective accounts of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable Section 10 hereof, bears to the order total number of Initial Units, subject in each case to such adjustments as the Company, as appropriate, at the offices Representatives in their discretion shall make to eliminate any sales or purchases of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional shares.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to the Underwriters, severally and not jointly, to purchase all or any portion of the Option up to 810,000 Common Units at a price per share equal to the same purchase price as the Firm Units, for use solely Purchase Price referred to in covering any over allotments made by the Underwriters in the sale and distribution of the Firm UnitsSection 2(a) above. The option hereby granted hereunder may be exercised up to 30 days after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after to time only for the effective date purpose of this Agreement covering over-allotments that may be made in connection with the offering and distribution of the Initial Units upon notice (confirmed in writing) by the Representative to the Company Partnership setting forth the aggregate number of Option Units as to which the several Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as delivery for such Option Units. Any such time and date of delivery (an “Option Closing Date”) shall be determined by the Representative, when the Option Units are to be delivered, such time and date being herein referred to as the “Second Closing” and “Second Closing Date”, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option, nor in any event prior to the Closing Date, as hereinafter defined. If the option is exercised as to all or any portion of the Option Units, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Exhibit A opposite the Firm name of such Underwriter, plus any additional number of Initial Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company that such Underwriter may become obligated to purchase pursuant to the account provisions of Section 9 hereof, bears to the total number of Initial Units, subject in each case to such adjustments as the Representative for the respective accounts in its discretion shall make to eliminate any sales or purchases of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional shares.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to the Underwriters, severally and not jointly, to purchase all or any portion of the Option up to an additional 210,000 Common Units at the same price per unit of $24.15; provided that the purchase price as per unit for any Option Units purchased upon the Firm Units, for use solely exercise of the overallotment option described in covering this Section 2(b) shall be reduced by an amount per common unit equal to any over allotments made cash distributions declared by the Underwriters in Partnership and payable on the sale and distribution of Initial Units but not payable on the Firm Option Units. The option hereby granted hereunder will expire 30 days after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after to time only for the effective date purpose of this Agreement covering overallotments which may be made in connection with the offering and distribution of the Initial Units upon notice (confirmed in writing) by the Representative Underwriters to the Company Partnership setting forth the aggregate number of Option Units as to which the Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as delivery for such Option Units. Any such time and date of delivery (a “Date of Delivery”) shall be determined by the Representative, when the Option Units are to be delivered, such time and date being herein referred to as the “Second Closing” and “Second Closing Date”, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Units, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Annex I opposite the Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company name of such Underwriter bears to the account total number of Initial Units, subject in each case to such adjustments as the Representative for the respective accounts in their discretion shall make to eliminate any sales or purchases of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional securities.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to the Underwriters, severally and not jointly, to purchase all or any portion of the up to 1,462,500 Option Units at a price per share equal to the same purchase Purchase Price referred to in Section 2(a) above; provided that the price as the Firm Unitsper share for any Option Units shall be reduced by an amount per share equal to any dividends or distributions declared, for use solely in covering any over allotments made paid or payable by the Underwriters in Partnership on the sale and distribution of the Firm Initial Units but not payable on such Option Units. The option hereby granted hereunder will expire at 11:59 P.M. (New York City time) on the 30th day after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after the effective date of this Agreement to time upon notice (confirmed in writing) by the Representative Xxxxx Fargo to the Company Partnership setting forth the aggregate number of Option Units as to which the several Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as determined by the Representative, when the delivery for such Option Units are to be delivered, Units. Any such time and date being herein referred to as the of delivery (an “Second Closing” and “Second Option Closing Date”) shall be determined by Xxxxx Fargo, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option (unless postponed in accordance with the provisions of Section 10), nor in any event prior to the Closing Date. If the option is exercised as to all or any portion of the Option Units, the Partnership will sell to the Underwriters, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Exhibit A opposite the Firm name of such Underwriter, plus any additional number of Initial Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company which such Underwriter may become obligated to purchase pursuant to the account provisions of the Representative for the respective accounts of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable Section 10 hereof, bears to the order total number of the CompanyInitial Units, subject in each case to such adjustments as appropriate, at the offices Xxxxx Fargo in its discretion shall make to eliminate any sales or purchases of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional shares.

Option Units. On In addition, upon the basis of the representations, representations and warranties and agreements herein contained, but subject to the other terms and conditions herein set forth, at the purchase price per Unit set forth in paragraph (a) above, the Company hereby grants an option to the Underwriters, acting severally and not jointly, to purchase from the Company, hereby grants to the several Underwriters, an option to purchase all or any portion part of the Option Units at set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Option Units that such Underwriter may become obligated to purchase pursuant to the same purchase price as the Firm Units, for use solely in covering any over allotments made by the Underwriters in the sale and distribution provisions of the Firm UnitsSection 8 hereof. The option hereby granted hereunder will expire 30 days after the date hereof and may be exercised in whole or in part at any from time (but not to time within such 30-day period, on no more than once) within 30 days after two occasions only for the effective date purpose of this Agreement covering over-allotments that may be made in connection with the offering and distribution of the Initial Units upon notice (confirmed in writing) by the Representative Representatives to the Company setting forth the aggregate number of Option Units as to which the several Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as determined by the Representative, when the delivery for such Option Units are to be delivered, Units. Any such time and date being herein referred to as of delivery (each, an “Option Closing Time”) shall be determined by the “Second Closing” and “Second Closing Date”Representatives, respectively; provided, however, that the Second Closing Date but shall not be earlier later than three (3) full business days (or earlier, without the First Closing Date nor earlier than the second business day after the date on which the option shall have been exercised. No Option Units shall be sold and delivered unless the Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company to the account of the Representative for the respective accounts of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order consent of the Company, than two (2) full business days) after the exercise of such option, nor in any event prior to the Closing Time, as appropriatehereinafter defined. If the option is exercised as to all or any portion of the Option Units, at the offices Company will sell that number of Xxxxx Xxxxxxx & Co.Option Units then being purchased and each of the Underwriters, U.S. Bancorp Centeracting severally and not jointly, 800 Nicollet Mallwill purchase that proportion of the total number of Option Units then being purchased which the number of Initial Units set forth in Schedule I opposite the name of such Underwriter bears to the total number of Initial Units, Minneapolis, Minnesota, subject in each case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datepurchases of fractional Units.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to the Underwriters, severally and not jointly, to purchase all or any portion of the up to 660,000 Option Units at a price per share equal to the same purchase Purchase Price referred to in Section 2(a) above; provided that the price as the Firm Unitsper share for any Option Units shall be reduced by an amount per share equal to any dividends or distributions declared, for use solely in covering any over allotments made paid or payable by the Underwriters in Partnership on the sale and distribution of the Firm Initial Units but not payable on such Option Units. The option hereby granted hereunder will expire at 11:59 P.M. (New York City time) on the 30th day after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after the effective date of this Agreement to time upon notice (confirmed in writing) by the Representative Representatives to the Company Partnership setting forth the aggregate number of Option Units as to which the several Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as determined by the Representative, when the delivery for such Option Units are to be delivered, Units. Any such time and date being herein referred to as the of delivery (an “Second Closing” and “Second Option Closing Date”) shall be determined by the Representatives, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option (unless postponed in accordance with the provisions of Section 10), nor in any event prior to the Closing Date. If the option is exercised as to all or any portion of the Option Units, the Partnership will sell to the Underwriters, and each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Exhibit A opposite the Firm name of such Underwriter, plus any additional number of Initial Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company which such Underwriter may become obligated to purchase pursuant to the account provisions of the Representative for the respective accounts of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable Section 10 hereof, bears to the order total number of Initial Units, subject in each case to such adjustments as the Company, as appropriate, at the offices Representatives in their discretion shall make to eliminate any sales or purchases of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional shares.

Option Units. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Company hereby grants to the several Underwriters, Underwriters an option to purchase all or any portion of the Option Units at the same purchase price as the Firm Units, for use solely in covering any over over-allotments made by the Underwriters in the sale and distribution of the Firm Units. The option granted hereunder may be exercised in whole or in part at any time (but not more than once) within 30 45 days after the effective date of this Agreement upon notice (confirmed in writing) by the Representative Representatives to the Company setting forth the aggregate number of Option Units as to which the several Underwriters are exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the date and time, as determined by the Representativeyou, when the Option Units are to be delivered, such time and date being herein referred to as the “Second Closing” and “Second Closing Date”, respectively; provided, however, that the Second Closing Date shall not be but in no event earlier than the First Closing Date (as defined below) nor earlier than the second business day or later than the tenth business day after the date on which the option shall have been exercised. The number of Option Units to be purchased by each Underwriter shall be the same percentage of the total number of Option Units to be purchased by the several Underwriters as the number of Firm Units to be purchased by such Underwriter is of the total number of Firm Units to be purchased by the several Underwriters, as adjusted by the Representatives in such manner as the Representatives deem advisable to avoid fractional shares. No Option Units shall be sold and delivered unless the Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will In no event may the option granted pursuant to this Section 3(b) be delivered by the Company to the account exercised after separation of the Representative for the respective accounts of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing DateFirm Units occurs.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to the Underwriters, severally and not jointly, to purchase all or any portion of the Option up to 675,000 Common Units at a price per share equal to the same purchase price as the Firm Units, for use solely Purchase Price referred to in covering any over allotments made by the Underwriters in the sale and distribution of the Firm UnitsSection 2(a) above. The option hereby granted hereunder may be exercised up to 30 days after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after to time only for the effective date purpose of this Agreement covering over-allotments that may be made in connection with the offering and distribution of the Initial Units upon notice (confirmed in writing) by the Representative Representatives to the Company Partnership setting forth the aggregate number of Option Units as to which the several Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as determined by the Representative, when the delivery for such Option Units are to be delivered, Units. Any such time and date being herein referred to as the of delivery (an “Second Closing” and “Second Option Closing Date”) shall be determined by the Representatives, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option, nor in any event prior to the Closing Date, as hereinafter defined. If the option is exercised as to all or any portion of the Option Units, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Exhibit A opposite the Firm name of such Underwriter, plus any additional number of Initial Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company that such Underwriter may become obligated to purchase pursuant to the account provisions of the Representative for the respective accounts of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable Section 9 hereof, bears to the order total number of Initial Units, subject in each case to such adjustments as the Company, as appropriate, at the offices Representatives in their discretion shall make to eliminate any sales or purchases of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional shares.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Partnership hereby grants to the several Underwriters, an option to the Underwriters, severally and not jointly, to purchase all or any portion of the Option up to an additional 300,000 Common Units at the same price per unit of $22.60; provided that the purchase price as per unit for any Option Units purchased upon the Firm Units, for use solely exercise of the overallotment option described in covering this Section 2(b) shall be reduced by an amount per common unit equal to any over allotments made cash distributions declared by the Underwriters in Partnership and payable on the sale and distribution of Initial Units but not payable on the Firm Option Units. The option hereby granted hereunder will expire 30 days after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after to time only for the effective date purpose of this Agreement covering overallotments which may be made in connection with the offering and distribution of the Initial Units upon notice (confirmed in writing) by the Representative Underwriters to the Company Partnership setting forth the aggregate number of Option Units as to which the Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as delivery for such Option Units. Any such time and date of delivery (a “Date of Delivery”) shall be determined by the Representative, when the Option Units are to be delivered, such time and date being herein referred to as the “Second Closing” and “Second Closing Date”, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option, nor in any event prior to the Closing Time, as hereinafter defined. If the option is exercised as to all or any portion of the Option Units, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Annex I opposite the Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company name of such Underwriter bears to the account total number of Initial Units, subject in each case to such adjustments as the Representative for the respective accounts in its discretion shall make to eliminate any sales or purchases of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional securities.

Option Units. On In addition, on the basis of the representations, representations and warranties herein contained and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Parent and the Selling Unitholder hereby grants to the several Underwriters, grant an option to the Underwriters, severally and not jointly, to purchase all or any portion of the Option up to 787,500 Common Units at a price per share equal to the same purchase price as the Firm Units, for use solely Purchase Price referred to in covering any over allotments made by the Underwriters in the sale and distribution of the Firm UnitsSection 2(a) above. The option hereby granted hereunder may be exercised up to 30 days after the date hereof and may be exercised in whole or in part at any from time (but not more than once) within 30 days after to time only for the effective date purpose of this Agreement covering over-allotments which may be made in connection with the offering and distribution of the Initial Units upon notice (confirmed in writing) by the Representative Representatives to the Company Partnership and the Parent setting forth the aggregate number of Option Units as to which the several Underwriters are then exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the time and date of payment and time, as determined by the Representative, when the delivery for such Option Units are to be delivered, Units. Any such time and date being herein referred to as the of delivery (an “Second Closing” and “Second Option Closing Date”) shall be determined by the Representatives, respectively; provided, however, that the Second Closing Date but shall not be earlier later than the First Closing Date nor earlier than the second seven full business day days after the date on exercise of said option, nor in any event prior to the Closing Date, as hereinafter defined. If the option is exercised as to all or any portion of the Option Units, each of the Underwriters, acting severally and not jointly, will purchase that proportion of the total number of Option Units then being purchased which the option shall have been exercised. No Option number of Initial Units shall be sold and delivered unless set forth in Exhibit A opposite the Firm name of such Underwriter, plus any additional number of Initial Units previously have been, or simultaneously are, sold and delivered. The Option Units will be delivered by the Company which such Underwriter may become obligated to purchase pursuant to the account provisions of the Representative for the respective accounts of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable Section 10 hereof, bears to the order total number of Initial Units, subject in each case to such adjustments as the Company, as appropriate, at the offices Representatives in their discretion shall make to eliminate any sales or purchases of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing Datefractional shares.

Option Units. On the basis of the representations, warranties and agreements herein contained, but subject to the terms and conditions herein set forth, the Company, Company hereby grants to the several Underwriters, Underwriters an option to purchase all or any portion of the Option Units at the same purchase price as the Firm Units, for use solely in covering any over over-allotments made by the Underwriters in the sale and distribution of the Firm Units. The option granted hereunder may be exercised in whole or in part at any time (but not more than once) within 30 45 days after the effective date of this Agreement upon notice (confirmed in writing) by the Representative to the Company setting forth the aggregate number of Option Units as to which the several Underwriters are exercising the option, the names and denominations in which the certificates for the Option Units are to be registered option and the date and time, as determined by the Representativeyou, when the Option Units are to be delivered, such time and date being herein referred to as the “Second Closing” and “Second Closing Date”, respectively; provided, however, that the Second Closing Date shall not be but in no event earlier than the First Closing Date (as defined below) nor earlier than the second business day or later than the tenth business day after the date on which the option shall have been exercised. The number of Option Units to be purchased by each Underwriter shall be the same percentage of the total number of Option Units to be purchased by the several Underwriters as the number of Firm Units to be purchased by such Underwriter is of the total number of Firm Units to be purchased by the several Underwriters, as adjusted by the Representative in such manner as the Representative deems advisable to avoid fractional shares. No Option Units shall be sold and delivered unless the Firm Units previously have been, or simultaneously are, sold and delivered. The Option Units will In no event may the option granted pursuant to this Section 3(b) be delivered by the Company to the account exercised after separation of the Representative for the respective accounts of the several Underwriters against payment of the purchase price therefor by wire transfer of same day funds payable to the order of the Company, as appropriate, at the offices of Xxxxx Xxxxxxx & Co., U.S. Bancorp Center, 800 Nicollet Mall, Minneapolis, Minnesota, or such other location as may be mutually acceptable at 9:00 a.m., Central time, on the Second Closing DateFirm Units occurs.