Common use of PAYMENT OF THE CONVERSION PRICE Clause in Contracts

PAYMENT OF THE CONVERSION PRICE. (a) The Surviving Partnership shall deliver, in immediately available funds and in Units (hereinafter defined), to Wolf, Block, Schorr and Solis-Cohxx (xxe "Dixxxxxxxx Xxent") the Reserve Amount. (b) The "Cash Portion of the Conversion Price shall be the aggregate amount of the Conversion Price payable to the holders of Interests who have failed to provide the Surviving Partnership with evidence satisfactory to it that such holders are "Accredited Investors" as such term is defined in Regulation D promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "Securities Act"). Notwithstanding anything to the contrary contained in this Agreement if the total of the Interests held by Dissenting Partners and by partners who are not Accredited Investors exceeds fifteen percent of all of the Interests, the Merged Partnership shall have the right, by giving written notice thereof to the Surviving Partnership at any time prior to the Effective Date, to terminate this Agreement. (c) The Conversion Price payable to the holders of Interests other than those described in (b) above shall be paid by the issuance of Units of limited partnership in the Surviving Partnership ("Units"). The number of Units to be issued to each holder of an Interest shall be the Conversion Price for the Interest of such holder divided by the average of the daily market price for the ten (10) consecutive trading days immediately preceding the Effective Date of the shares of common stock of HME (the "Effective Date Price"). The market price for each such trading day shall be the closing price of the common stock on the New York Stock Exchange, regular way, on such day as reported in the Wall Street Journal, Eastern Edition.

PAYMENT OF THE CONVERSION PRICE. (a) The Surviving Partnership shall deliver, in immediately available funds and in Units (hereinafter defined), to Wolf, Block, Schorr and Solis-Cohxx Solis- Cohen (xxe xxx "Dixxxxxxxx XxentXisburxxxx Xxxxx") the Reserve Amount. (b) The "Cash Portion of the Conversion Price shall be the aggregate amount of the Conversion Price payable to the holders of Interests who have failed to provide the Surviving Partnership with evidence satisfactory to it that such holders are "Accredited Investors" as such term is defined in Regulation D promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "Securities Act"). Notwithstanding anything to the contrary contained in this Agreement if the total of the Interests held by Dissenting Partners and by partners who are not Accredited Investors exceeds fifteen percent of all of the Interests, the Merged Partnership shall have the right, by giving written notice thereof to the Surviving Partnership at any time prior to the Effective Date, to terminate this Agreement. (c) The Conversion Price payable to the holders of Interests other than those described in (b) above shall be paid by the issuance of Units of limited partnership in the Surviving Partnership ("Units"). The number of Units to be issued to each holder of an Interest shall be the Conversion Price for the Interest of such holder divided by the average of the daily market price for the ten (10) consecutive trading days immediately preceding the Effective Date of the shares of common stock of HME (the "Effective Date Price"). The market price for each such trading day shall be the closing price of the common stock on the New York Stock Exchange, regular way, on such day as reported in the Wall Street Journal, Eastern Edition.

PAYMENT OF THE CONVERSION PRICE. (a) The Surviving Partnership shall deliver, in immediately available funds and in Units (hereinafter defined), to Wolf, Block, Schorr and Solis-Solis- Cohxx (xxe "Dixxxxxxxx XxentXxxnt") the Reserve Amount. (b) The "Cash Portion of the Conversion Price shall be the aggregate amount of the Conversion Price payable to the holders of Interests who have failed to provide the Surviving Partnership with evidence satisfactory to it that such holders are "Accredited Investors" as such term is defined in Regulation D promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "Securities Act"). Notwithstanding anything to the contrary contained in this Agreement if the total of the Interests held by Dissenting Partners and by partners who are not Accredited Investors exceeds fifteen percent of all of the Interests, the Merged Partnership shall have the right, by giving written notice thereof to the Surviving Partnership at any time prior to the Effective Date, to terminate this Agreement. (c) The Conversion Price payable to the holders of Interests other than those described in (b) above shall be paid by the issuance of Units of limited partnership in the Surviving Partnership ("Units"). The number of Units to be issued to each holder of an Interest shall be the Conversion Price for the Interest of such holder divided by the average of the daily market price for the ten (10) consecutive trading days immediately preceding the Effective Date of the shares of common stock of HME (the "Effective Date Price"). The market price for each such trading day shall be the closing price of the common stock on the New York Stock Exchange, regular way, on such day as reported in the Wall Street Journal, Eastern Edition.

PAYMENT OF THE CONVERSION PRICE. (a) The Surviving Partnership shall deliver, in immediately available funds and in Units (hereinafter defined), to Wolf, Block, Schorr and Solis-Cohxx Solis- Cohex (xxe xxx "Dixxxxxxxx XxentDisxxxxxxx Xxxxt") the Reserve Amount. (b) The "Cash Portion of the Conversion Price shall be the aggregate amount of the Conversion Price payable to the holders of Interests who have failed to provide the Surviving Partnership with evidence satisfactory to it that such holders are "Accredited Investors" as such term is defined in Regulation D promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "Securities Act"). Notwithstanding anything to the contrary contained in this Agreement if the total of the Interests held by Dissenting Partners and by partners who are not Accredited Investors exceeds fifteen percent of all of the Interests, the Merged Partnership shall have the right, by giving written notice thereof to the Surviving Partnership at any time prior to the Effective Date, to terminate this Agreement. (c) The Conversion Price payable to the holders of Interests other than those described in (b) above shall be paid by the issuance of Units of limited partnership in the Surviving Partnership ("Units"). The number of Units to be issued to each holder of an Interest shall be the Conversion Price for the Interest of such holder divided by the average of the daily market price for the ten (10) consecutive trading days immediately preceding the Effective Date of the shares of common stock of HME (the "Effective Date Price"). The market price for each such trading day shall be the closing price of the common stock on the New York Stock Exchange, regular way, on such day as reported in the Wall Street Journal, Eastern Edition.

PAYMENT OF THE CONVERSION PRICE. (a) The Surviving Partnership shall deliver, in immediately available funds and in Units (hereinafter defined), to Wolf, Block, Schorr and Solis-Cohxx (xxe "Dixxxxxxxx Xxent") the Reserve Amount. (b) The "Cash Portion of the Conversion Price shall be the aggregate amount of the Conversion Price payable to the holders of Interests in the Merged Partnership who have failed to provide the Surviving Partnership with evidence satisfactory to it that such holders are "Accredited Investors" as such term is defined in Regulation D promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "Securities Act"). Notwithstanding anything to the contrary contained in this Agreement if the total of the Interests held by Dissenting Partners and by partners who are not Accredited Investors exceeds fifteen percent of all of the Interests, the Merged Partnership shall have the right, by giving written notice thereof to the Surviving Partnership at any time prior to the Effective Date, to terminate this Agreement. (c) The Conversion Price payable to the holders of Interests other than those described in (b) above shall be paid by the issuance of Units of limited partnership in the Surviving Partnership ("Units"). The number of Units to be issued to each holder of an Interest shall be the Conversion Price for the Interest of such holder divided by the average of the daily market price for the ten (10) consecutive trading days immediately preceding the Effective Date of the shares of common stock of HME (the "Effective Date Price"). The market price for each such trading day shall be the closing price of the common stock on the New York Stock Exchange, regular way, on such day as reported in the Wall Street Journal, Eastern Edition.

PAYMENT OF THE CONVERSION PRICE. (a) The Surviving Partnership shall deliver, in immediately available funds and in Units (hereinafter defined), to Wolf, Block, Schorr and Solis-Cohxx Cohen (xxe xxx "Dixxxxxxxx XxentDisbxxxxxx Xxxxt") the Reserve Amount. (b) The "Cash Portion of the Conversion Price shall be the aggregate amount of the Conversion Price payable to the holders of Interests who have failed to provide the Surviving Partnership with evidence satisfactory to it that such holders are "Accredited Investors" as such term is defined in Regulation D promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "Securities Act"). Notwithstanding anything to the contrary contained in this Agreement if the total of the Interests held by Dissenting Partners and by partners who are not Accredited Investors exceeds fifteen percent of all of the Interests, the Merged Partnership shall have the right, by giving written notice thereof to the Surviving Partnership at any time prior to the Effective Date, to terminate this Agreement. (c) The Conversion Price payable to the holders of Interests other than those described in (b) above shall be paid by the issuance of Units of limited partnership in the Surviving Partnership ("Units"). The number of Units to be issued to each holder of an Interest shall be the Conversion Price for the Interest of such holder divided by the average of the daily market price for the ten (10) consecutive trading days immediately preceding the Effective Date of the shares of common stock of HME (the "Effective Date Price"). The market price for each such trading day shall be the closing price of the common stock on the New York Stock Exchange, regular way, on such day as reported in the Wall Street Journal, Eastern Edition.