Options Granted to Persons other than Partnership Employees. If at any time or from time to time, in connection with any Stock Option Plan, a stock option granted for stock in the General Partner to a Person other than a Partnership Employee is duly exercised: (1) The General Partner, shall, as soon as practicable after such exercise, make a Capital Contribution to the Partnership in an amount equal to the exercise price paid to the General Partner by such exercising party in connection with the exercise of such stock option. (2) Notwithstanding the amount of the Capital Contribution actually made pursuant to Section 4.4.A(1) hereof, the General Partner shall be deemed to have contributed to the Partnership as a Capital Contribution, in lieu of the Capital Contribution actually made and in consideration of an additional Limited Partner Interest (expressed in and as additional Common Units), an amount equal to the Value of a REIT Share as of the date of exercise multiplied by the number of REIT Shares then being issued in connection with the exercise of such stock option. (3) An equitable Percentage Interest adjustment shall be made in which the General Partner shall be treated as having made a cash contribution equal to the amount described in Section 4.4.A(2) hereof.
Appears in 12 contracts
Samples: Limited Partnership Agreement (Parking REIT, Inc.), Agreement of Limited Partnership (Parking REIT, Inc.), Limited Partnership Agreement (Mobile Infrastructure Corp)
Options Granted to Persons other than Partnership Employees. If at any time or from time to time, in connection with any Stock Option Plan, a stock option granted for stock in the General Partner REIT Shares to a Person other than a Partnership Employee is duly exercised:
(1) The General Partner, shall, as soon as practicable after such exercise, make a Capital Contribution to the Partnership in an amount equal to the exercise price paid to the General Partner by such exercising party in connection with the exercise of such stock option.
(2) Notwithstanding the amount of the Capital Contribution actually made pursuant to Section 4.4.A(1) hereof, the General Partner shall be deemed to have contributed to the Partnership as a Capital Contribution, in lieu of the Capital Contribution actually made and in consideration of an additional Limited Partner Interest (expressed in and as additional Partnership Common Units), an amount equal to the Value of a REIT Share as of the date of exercise multiplied by the number of REIT Shares then being issued in connection with the exercise of such stock option.
(3) An equitable Percentage Interest adjustment shall be made in which the General Partner shall be treated as having made a cash contribution equal to the amount described in Section 4.4.A(2) hereof.
Appears in 11 contracts
Samples: Agreement of Limited Partnership (Wheeler Real Estate Investment Trust, Inc.), Limited Partnership Agreement (Wheeler Real Estate Investment Trust, Inc.), Limited Partnership Agreement (American Assets Trust, Inc.)
Options Granted to Persons other than Partnership Employees. If at any time or from time to time, in connection with any Stock Option Plan, a stock option granted for stock in the General Partner REIT Common Shares to a Person other than a Partnership Employee is duly exercised:
(1) The General Partner, MGP shall, as soon as practicable after such exercise, make a Capital Contribution to the Partnership in an amount equal to the exercise price paid to the General Partner MGP by such exercising party in connection with the exercise of such stock option.
(2) Notwithstanding the amount of the Capital Contribution actually made pursuant to Section 4.4.A(1) hereof), the General Partner MGP shall be deemed to have contributed to the Partnership as a Capital Contribution, in lieu of the Capital Contribution actually made and in consideration of an additional Limited Partner Interest (expressed in and as additional Common Units), an amount equal to the Fair Market Value of a REIT Class A Share as of the date of exercise multiplied by the number of REIT Common Shares then being issued in connection with the exercise of such stock option.
(3) An equitable Percentage Interest adjustment shall be made in which the General Partner MGP shall be treated as having made a cash contribution equal to the amount described in Section 4.4.A(2) hereof).
Appears in 4 contracts
Samples: Limited Partnership Agreement (MGM Growth Properties Operating Partnership LP), Limited Partnership Agreement (MGM Growth Properties LLC), Limited Partnership Agreement (MGM Growth Properties LLC)
Options Granted to Persons other than Partnership Employees. If at any time or from time to time, in connection with any Stock Option Plan, a stock option granted for stock in the General Partner REIT Shares to a Person other than a Partnership Employee is duly exercised:
(1) The General Partner, shall, as soon as practicable after such exercise, make a Capital Contribution to the Partnership in an amount equal to the exercise price paid to the General Partner by such exercising party in connection with the exercise of such stock option.
(2) Notwithstanding the amount of the Capital Contribution actually made pursuant to Section 4.4.A(1) hereof, the General Partner shall be deemed to have contributed to the Partnership as a Capital Contribution, in lieu of the Capital Contribution actually made and in consideration of an additional Limited Partner Interest (expressed in and as additional Common Units), an amount equal to the Value of a REIT Share as of the date of exercise multiplied by the number of REIT Shares then being issued in connection with the exercise of such stock option.
(3) An equitable Percentage Interest adjustment shall be made in which the The General Partner shall be treated receive in exchange for such Capital Contributions (as having deemed made a cash contribution equal to the amount described in under Section 4.4.A(2) hereof), a corresponding number of Partnership Units of a class correlative to the class of Capital Stock for which such stock options were granted.
Appears in 3 contracts
Samples: Limited Partnership Agreement (CoreSite Realty Corp), Limited Partnership Agreement (CoreSite Realty Corp), Limited Partnership Agreement (CoreSite Realty Corp)
Options Granted to Persons other than Partnership Employees. If at any time or from time to time, in connection with any Stock Option Equity Plan, a stock option granted for stock in the General Partner REIT Shares to a Person other than a Partnership Employee is duly exercised:
(1) The General PartnerVICI REIT, shall, as soon as practicable after such exercise, make a Capital Contribution to the Partnership in an amount equal to the exercise price paid to the General Partner VICI REIT by such exercising party in connection with the exercise of such stock option.
(2) Notwithstanding the amount of the Capital Contribution actually made pursuant to Section 4.4.A(1) hereof, the General Partner VICI REIT shall be deemed to have contributed to the Partnership as a Capital Contribution, in lieu of the Capital Contribution actually made and made, in consideration of an additional Limited Partner Interest (expressed in and as additional Partnership Common Units), an amount equal to the Value of a REIT Share as of the date of exercise multiplied by the number of REIT Shares then being issued in connection with the exercise of such stock option.
(3) An equitable Percentage Interest adjustment VICI REIT shall be made issued a number of Common Units in which consideration of the General Partner shall be treated deemed Capital Contribution as having made a cash contribution equal to the amount described in Section 4.4.A(2) hereofhereof equal to the number of REIT Shares then being issued divided by the Adjustment Factor then in effect.
Appears in 2 contracts
Samples: Agreement of Limited Partnership (Vici Properties Inc.), Limited Partnership Agreement (Vici Properties Inc.)
Options Granted to Persons other than Partnership Employees. If at any time or from time to time, in connection with any Stock Option Plan, a stock option granted for stock in the General Partner REIT Shares to a Person other than a Partnership Employee is duly exercised:
(1) The General Partner, shall, as soon as practicable after such exercise, make a Capital Contribution to the Partnership in an amount equal to the exercise price paid to the General Partner by such exercising party in connection with the exercise of such stock option.
(2) Notwithstanding the amount of the Capital Contribution actually made pursuant to Section 4.4.A(1) hereof, the General Partner shall be deemed to have contributed to the Partnership as a Capital Contribution, in lieu of the Capital Contribution actually made and in consideration of an additional Limited Partner Interest (expressed in and as additional Common Units), an amount equal to the Value of a REIT Share as of the date of exercise multiplied by the number of REIT Shares then being issued in connection with the exercise of such stock option.
(3) An equitable Percentage Interest adjustment shall be made in which the The General Partner shall be treated receive in exchange for such Capital Contributions (as having deemed made a cash contribution equal to the amount described in under Section 4.4.A(2) hereof, a corresponding number of Partnership Units of a class correlative to the class of Capital Stock for which such stock options were granted.
Appears in 2 contracts
Samples: Agreement of Limited Partnership (CoreSite Realty Corp), Agreement of Limited Partnership (CoreSite Realty Corp)
Options Granted to Persons other than Partnership Employees. If at any time or from time to time, in connection with any Stock Option Plan, a stock option granted for stock in the General Partner REIT Shares to a Person other than a Partnership Employee is duly exercised:
(1i) The General Partner, shall, as soon as practicable after such exercise, make a Capital Contribution to the Partnership in an amount equal to the exercise price paid to the General Partner by such exercising party in connection with the exercise of such stock option.
(2ii) Notwithstanding the amount of the Capital Contribution actually made pursuant to Section 4.4.A(14.4(a)(i) hereof, the General Partner shall be deemed to have contributed to the Partnership as a Capital Contribution, in lieu of the Capital Contribution actually made and made, in consideration of an additional Limited Partner Interest (expressed in and as additional Partnership Common Units), an amount equal to the Value of a REIT Share as of the date of exercise multiplied by the number of REIT Shares then being issued in connection with the exercise of such stock option.
(3iii) An equitable Percentage Interest adjustment shall be made in which the The General Partner shall be treated issued a number of Common Units in consideration of the deemed Capital Contribution as having made a cash contribution described in Section 4.4(a)(ii) hereof equal to the amount described number of REIT Shares then being issued divided by the Adjustment Factor then in Section 4.4.A(2) hereofeffect.
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Options Granted to Persons other than Partnership Employees. If at any time or from time to time, in connection with any Stock Option Plan, a stock option granted for stock in the General Partner REIT Shares to a Person other than a Partnership Employee is duly exercised:
(1) The General Partner, IMC REIT shall, as soon as practicable after such exercise, make a Capital Contribution to the Partnership in an amount equal to the exercise price paid to the General Partner IMC REIT by such exercising party in connection with the exercise of such stock option.
(2) Notwithstanding the amount of the Capital Contribution actually made pursuant to Section 4.4.A(1) hereof, the General Partner shall be deemed to have contributed to the Partnership as a Capital Contribution, in lieu of the Capital Contribution actually made and in consideration of an additional Limited Partner Interest (expressed in and as additional Common Units), an amount equal to the Value of a REIT Share as of the date of exercise multiplied by the number of REIT Shares then being issued in connection with the exercise of such stock option.
(3) An equitable Percentage Interest adjustment IMC REIT shall be receive in exchange for such Capital Contributions (as deemed made in which the General Partner shall be treated as having made a cash contribution equal to the amount described in under Section 4.4.A(2) hereof), a corresponding number of Partnership Units of a class correlative to the class of Capital Stock for which such stock options were granted.
Appears in 1 contract
Samples: Limited Partnership Agreement (International Market Centers, Inc.)
Options Granted to Persons other than Partnership Employees. If at any time or from time to time, in connection with any Stock Option Plan, a stock option granted for stock in the General Partner REIT Shares to a Person other than a Partnership Employee is duly exercised:
(1a) The General Partner, shall, as soon as practicable after such exercise, make a Capital Contribution to the Partnership in an amount equal to the exercise price paid to the General Partner by such exercising party in connection with the exercise of such stock option.
(2b) Notwithstanding the amount of the Capital Contribution actually made pursuant to Section 4.4.A(14.4(B)(1)(a) hereof, the General Partner shall be deemed to have contributed to the Partnership as a Capital Contribution, in lieu of the Capital Contribution actually made and in consideration of an additional Limited Partner Interest (expressed in and as additional Common Partnership Units), an amount equal to the Fair Market Value of a REIT Share as of the date of exercise multiplied by the number of REIT Shares then being issued in connection with the exercise of such stock option.
(3c) An equitable Percentage Interest adjustment shall be made in which the General Partner shall be treated as having made a cash contribution equal to the amount described in Section 4.4.A(24.4.B(1)(b) hereof.
Appears in 1 contract
Samples: Amendment to the Fourth Amended and Restated Agreement of Limited Partnership (BioMed Realty L P)
Options Granted to Persons other than Partnership Employees. If at any time or from time to time, in connection with any Stock Share Option Plan, a stock share option granted for stock in the General Partner REIT Shares to a Person other than a Partnership Employee is duly exercised:
(1) The General Partner, shall, as soon as practicable after such exercise, make a Capital Contribution to the Partnership in an amount equal to the exercise price paid to the General Partner by such exercising party in connection with the exercise of such stock share option.
(2) Notwithstanding the amount of the Capital Contribution actually made pursuant to Section 4.4.A(1) hereof), the General Partner shall be deemed to have contributed to the Partnership as a Capital Contribution, in lieu of the Capital Contribution actually made and in consideration of an additional Limited Partner Interest (expressed in and as additional Partnership Common Units), an amount equal to the Value of a REIT Share as of the date of exercise multiplied by the number of REIT Shares then being issued in connection with the exercise of such stock share option.
(3) An equitable Percentage Interest adjustment shall be made in which the General Partner shall be treated as having made a cash contribution equal to the amount described in Section 4.4.A(2) hereof).
Appears in 1 contract
Samples: Limited Partnership Agreement (Workspace Property Trust)
Options Granted to Persons other than Partnership Employees. If at any time or from time to time, in connection with any Stock Option Plan, a stock option granted for stock in the General Partner GTJ REIT to a Person other than a Partnership Employee is duly exercised:
(1) The General PartnerGTJ REIT, shall, as soon as practicable after such exercise, make a Capital Contribution to the Partnership in an amount equal to the exercise price paid to the General Partner GTJ REIT by such exercising party in connection with the exercise of such stock option.
(2) Notwithstanding the amount of the Capital Contribution actually made pursuant to Section 4.4.A(1) hereof, the General Partner GTJ REIT shall be deemed to have contributed to the Partnership as a Capital Contribution, in lieu of the Capital Contribution actually made and in consideration of an additional Limited Partner Interest (expressed in and as additional Common Units), an amount equal to the Value of a REIT Share as of the date of exercise multiplied by the number of REIT Shares then being issued in connection with the exercise of such stock option.
(3) An equitable Percentage Interest adjustment shall be made in which the General Partner GTJ REIT shall be treated as having made a cash contribution equal to the amount described in Section 4.4.A(2) hereof.
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