Priority. Subject to the provisions of this Section 4.04 and the special provisions of Sections 4.05 and 5.01(g), the LTIP Units shall rank pari passu with the Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units are entitled to transfer their Common Units pursuant to Article IX.
Appears in 11 contracts
Samples: Agreement (CapRocq Core REIT, Inc.), Agreement (CapRocq Core REIT, Inc.), Agreement (Medalist Diversified REIT, Inc.)
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)5.1.E, the LTIP Units shall rank pari passu with the Common Class A Units and Class B Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Class A Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Class A Units are entitled to transfer their Common Class A Units pursuant to Article IXXI.
Appears in 8 contracts
Samples: Agreement (Broad Street Realty, Inc.), www.sec.gov, MedEquities Realty Trust, Inc.
Priority. Subject to the provisions of this Section 4.04 and 4.04, the special provisions of Sections 4.05 and 5.01(g)) hereof and any Vesting Agreement, the LTIP Units shall rank pari passu with the Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units are entitled to transfer their Common Units pursuant to Article IX.
Appears in 8 contracts
Samples: Agreement (Physicians Realty Trust), Armada Hoffler Properties, Inc., Summit Hotel Properties, Inc.
Priority. Subject to the provisions of this Section 4.04 and the special provisions of Sections 4.05 and 5.01(g)) hereof, the LTIP Units shall rank pari passu with the Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units are entitled to transfer their Common Units pursuant to Article IX.
Appears in 7 contracts
Samples: Agreement (Capterra Financial Group, Inc.), Agreement (Pebblebrook Hotel Trust), Pebblebrook Hotel Trust
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 Section 4.7 and 5.01(g)Section 5.1, the LTIP Units shall rank pari passu with the Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Units shall also rank junior to, or pari passu on parity with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units are entitled to transfer their Common Units pursuant to Article IX11.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Nexpoint Diversified Real Estate Trust), Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.), Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.)
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 , 5.1.E, 5.1.F and 5.01(g)5.1.G, the LTIP Units shall rank pari passu with the Common Class A Units and Class B Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Class A Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Award Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Class A Units are entitled to transfer their Common Class A Units pursuant to Article IXXI.
Appears in 3 contracts
Samples: Parkway, Inc., Cousins Properties Inc, Parkway, Inc.
Priority. Subject to the provisions of this Section 4.04 and 4.04, the special provisions of Sections 4.05 and 5.01(g)) hereof and any Vesting Agreement, the LTIP Units shall rank pari passu with the Class A Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units are entitled to transfer their Common Units pursuant to Article IX.
Appears in 2 contracts
Samples: Postal Realty Trust, Inc., Postal Realty Trust, Inc.
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)5.1, the LTIP Units shall rank pari passu with the Class C Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Class C Common Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Class C Common Units are entitled to transfer their Class C Common Units pursuant to Article IXXI.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Vinebrook Homes Trust, Inc.), Limited Partnership Agreement (Vinebrook Homes Trust, Inc.)
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)5.1.E, the LTIP Units shall rank pari passu with the Class A Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Class A Common Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Class A Common Units are entitled to transfer their Class A Common Units pursuant to Article IXXI.
Appears in 2 contracts
Samples: Steadfast Apartment REIT, Inc., Steadfast Apartment REIT, Inc.
Priority. Subject to the provisions of this Section 4.04 and the special provisions of Sections 4.05 5.01(g) and 5.01(g)4.05, the LTIP Units shall rank pari passu with the Common OP Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units or Partnership Interests which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common OP Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common OP Units are entitled to transfer their Common OP Units pursuant to Article IX.
Appears in 2 contracts
Samples: Midlantic Office Trust, Inc., Columbia Equity Trust, Inc.
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)5.1.E, the LTIP Units shall rank pari passu with the Common Class A Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Class A Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Class A Units are entitled to transfer their Common Class A Units pursuant to Article IXXI.
Appears in 2 contracts
Samples: Agreement (Pillarstone Capital Reit), Agreement (Whitestone REIT)
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)5.1, the LTIP Units shall rank pari passu with the Class C Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Class C Common Units shall also rank junior to, or pari passu on parity with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Class C Common Units are entitled to transfer their Class C Common Units pursuant to Article IX11.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Vinebrook Homes Trust, Inc.), Limited Partnership Agreement (Nexpoint Diversified Real Estate Trust)
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 6.3.C and 5.01(g)4.10, the LTIP Units shall rank pari passu with the Common OP Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units or Partnership Interests which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common OP Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common OP Units are entitled to transfer their Common OP Units pursuant to Article IXXI.
Appears in 2 contracts
Samples: Management and Operations (Invesco Mortgage Capital Inc.), Invesco Agency Securities Inc.
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 6.3.C and 5.01(g)4.9, the LTIP Units shall rank pari passu with the Common OP Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units or Partnership Interests which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common OP Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common OP Units are entitled to transfer their Common OP Units pursuant to Article IXXI.
Appears in 2 contracts
Samples: Ny Credit Corp., Cogdell Spencer Inc.
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 , 5.1.E, 5.1.F and 5.01(g)5.1.G, the LTIP Units shall rank pari passu with the Common Class A Units and Class B Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Class A Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Class A Units are entitled to transfer their Common Class A Units pursuant to Article IXXI.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (New York REIT, Inc.), Stockholders Agreement (Parkway Properties Inc)
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 , 5.1.C, 5.1.D and 5.01(g)5.1.E, the LTIP Units shall rank pari passu with the Common OP Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Membership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common OP Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common OP Units are entitled to transfer their Common OP Units pursuant to Article IXXI.
Appears in 2 contracts
Samples: Operating Agreement (Broadstone Net Lease, Inc.), Operating Agreement (Broadstone Net Lease, Inc.)
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)5.1.C, the LTIP Units shall rank pari passu with the Common Class A Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Class A Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units Class A Units, are entitled to transfer their Common Class A Units pursuant to Article IXXI.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Nexpoint Diversified Real Estate Trust)
Priority. Subject to the provisions of this Section 4.04 4.09 and the special provisions of Sections 4.05 4.10 and 5.01(g)5.01(m) hereof, the LTIP Units shall rank pari passu with the Common Partnership Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Partnership Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions restrictions, as holders of Common Partnership Units are entitled to transfer their Common Partnership Units pursuant to Article IX.
Appears in 1 contract
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)6.1.E, the LTIP Units shall rank pari passu with the Common Class A Units and Class B Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Class A Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Class A Units are entitled to transfer their Common Class A Units pursuant to Article IXXI.
Appears in 1 contract
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)5.1.C, the LTIP Units shall rank pari passu with the Common Class A Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Class A Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Class A Units are entitled to transfer their Common Class A Units pursuant to Article IXXI.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Jernigan Capital, Inc.)
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)5.1.C, the LTIP Units shall rank pari passu with the Common Class A Units as to the payment of regular and special periodic or other distributions and distribution of assets in accordance with Section 13.2 upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Class A Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Class A Units are entitled to transfer their Common Class A Units pursuant to Article IXXI.
Appears in 1 contract
Samples: Jernigan Capital, Inc.
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)5.1.E, the LTIP Units shall rank pari passu with the Common Class A Units and Class B Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Class A Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions restrictions, as holders of Common Class A Units are entitled to transfer their Common Class A Units pursuant to Article IXXI.
Appears in 1 contract
Samples: Freehold Properties, Inc.
Priority. Subject to the provisions of this Section 4.04 and 4.04, the special provisions of Sections 4.05 and 5.01(g)) hereof and any Vesting Agreement, the LTIP Units shall rank pari passu with the Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, with or senior to the Common Units shall also rank junior to, or pari passu with, with or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units are entitled to transfer their Common Units pursuant to Article IX.
Appears in 1 contract
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)5.1, the LTIP Units shall rank pari passu with the Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units are entitled to transfer their Common Units pursuant to Article IXXI.
Appears in 1 contract
Samples: Limited Partnership Agreement (Vinebrook Homes Trust, Inc.)
Priority. Subject to the provisions of this Section 4.04 4.5 and the special provisions of Sections 4.05 and 5.01(g)Section 6.3.F, the LTIP Units shall rank pari passu with the Membership Common Units as to the payment of regular and special periodic or other distributions and, subject to Sections 13.2.A(4) and 13.2.C, distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Membership Units or Membership Interests which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Membership Common Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units are entitled to transfer their Common Units pursuant to Article IX.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Colony Financial, Inc.)
Priority. Subject to the provisions of this Section 4.04 and the special provisions of Sections 4.05 5.01(g) and 5.01(g)4.05, the LTIP Units shall rank pari passu with the Common OP Units as to the payment of regular and special periodic or other distributions and, to the extent an LTIP Unitholder has a positive Capital Account and in accordance with Section 5.05(a), distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units or Partnership Interests which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common OP Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common OP Units are entitled to transfer their Common OP Units pursuant to Article IX.
Appears in 1 contract
Samples: Asset Capital Corporation, Inc.
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)5.1, the LTIP Units shall rank pari passu with the Common Class B Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Membership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Class B Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Class B Units are entitled to transfer their Common Class B Units pursuant to Article IXXI.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Nexpoint Diversified Real Estate Trust)
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 Section 4.7 and 5.01(g)Section 5.1, the LTIP Units shall rank pari passu with the Class C Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Class C Common Units shall also rank junior to, or pari passu on parity with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Class C Common Units are entitled to transfer their Class C Common Units pursuant to Article IX11.
Appears in 1 contract
Samples: Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.)
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 6.3.C and 5.01(g)4.11, the LTIP Units shall rank pari passu with the Common OP Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units or Partnership Interests which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common OP Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common OP Units are entitled to transfer their Common OP Units pursuant to Article IXXI.
Appears in 1 contract
Samples: MFResidential Investments, Inc.
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 , 5.1C, 5.1D and 5.01(g)5.1E, the LTIP Units shall rank pari passu with the Common OP Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common OP Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common OP Units are entitled to transfer their Common OP Units pursuant to Article IXXI.
Appears in 1 contract
Samples: FrontView REIT, Inc.
Priority. Subject to the provisions of this Section 4.04 and 4.04, the special provisions of Sections Section 4.05 hereof and 5.01(g)any Vesting Agreement, the LTIP Units shall rank pari passu with the Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units are entitled to transfer their Common Units pursuant to Article IX.
Appears in 1 contract
Samples: Physicians Realty Trust
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7, 5.1.E, 5.1.F, and 5.01(g)5.1.G, the LTIP Units shall rank pari passu with the Common Class A Units and Class B Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Class A Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Class A Units are entitled to transfer their Common Class A Units pursuant to Article IXXI.
Appears in 1 contract
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 Section 4.7 and 5.01(g)Section 5.1C, the LTIP Units shall rank pari passu with the Common Class A Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Class A Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Class A Units are entitled to transfer their Common Class A Units pursuant to Article IXXI.
Appears in 1 contract
Samples: Agreement of Limited Partnership (Great Ajax Corp.)
Priority. Subject to the provisions of this Section 4.04 and 4.04, the special provisions of Sections Section 4.05 and Section 5.01(g)) hereof and any Vesting Agreement, the LTIP Units shall rank pari passu with the Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units are entitled to transfer their Common Units pursuant to Article IX.
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Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 4.7 and 5.01(g)5.1, the LTIP Units shall rank pari passu with the Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Units shall also rank junior to, or pari passu on parity with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units are entitled to transfer their Common Units pursuant to Article IX11.
Appears in 1 contract
Samples: Limited Partnership Agreement (Vinebrook Homes Trust, Inc.)
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 6.3.D and 5.01(g)4.9, the LTIP Units shall rank pari passu with the Common OP Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units or Partnership Interests which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common OP Units shall also rank junior to, or pari passu with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common OP Units are entitled to transfer their Common OP Units pursuant to Article IXXI.
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Samples: Vintage Wine Trust Inc
Priority. Subject to the provisions of this Section 4.04 4.6 and the special provisions of Sections 4.05 Section 4.7 and 5.01(g)Section 5.1, the LTIP Units shall rank pari passu with the Common Units as to the payment of regular and special periodic or other distributions and distribution of assets upon liquidation, dissolution or winding up. As to the payment of distributions and as to distribution of assets upon liquidation, dissolution or winding up, any class or series of Partnership Units which by its terms specifies that it shall rank junior to, on a parity with, or senior to the Common Units shall also rank junior to, or pari passu on parity with, or senior to, as the case may be, the LTIP Units. Subject to the terms of any Vesting Agreement, an LTIP Unitholder shall be entitled to transfer his or her LTIP Units to the same extent, and subject to the same restrictions as holders of Common Units are entitled to transfer their Common Units pursuant to Article IX.11. AmericasActive:14016784.12
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Samples: NexPoint Real Estate Finance, Inc.