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: Limited Partnership Agreement (Medalist Diversified REIT, Inc.), Limited Partnership Agreement (Medalist Diversified REIT, Inc.), Agreement of Limited Partnership (CapRocq Core REIT, 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: Limited Partnership Agreement (Armada Hoffler Properties, Inc.), Limited Partnership Agreement (Physicians Realty Trust), Limited Partnership Agreement (Summit Hotel Properties, 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: Limited Partnership Agreement (Broad Street Realty, Inc.), Limited Partnership Agreement, Limited Partnership Agreement (MedEquities Realty Trust, 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: Limited Partnership Agreement (Pebblebrook Hotel Trust), Limited Partnership Agreement (Pebblebrook Hotel Trust), Limited Partnership Agreement (Capterra Financial Group, 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 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: Limited Partnership Agreement (Parkway, Inc.), Limited Partnership Agreement (Cousins Properties Inc), Limited Partnership Agreement (Parkway, 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: Limited Partnership Agreement (Pillarstone Capital Reit), Limited Partnership 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 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: Agreement of Limited Partnership (Steadfast Apartment REIT, Inc.), Agreement of Limited Partnership (Steadfast Apartment REIT, 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: Limited Partnership Agreement (Postal Realty Trust, Inc.), Limited Partnership Agreement (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 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 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 , 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: Master Combination Agreement (New York REIT, Inc.), Merger Agreement (Parkway Properties 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: Limited Partnership Agreement (Midlantic Office Trust, Inc.), Limited Partnership Agreement (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 , 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 2 contracts
Samples: Agreement of Limited Partnership (FrontView REIT, Inc.), Agreement of Limited Partnership (FrontView REIT, 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)4.10, 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: Limited Partnership Agreement (Invesco Agency Securities Inc.), Limited Partnership Agreement (Invesco Mortgage Capital 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: Limited Partnership Agreement (Cogdell Spencer Inc.), Limited Partnership Agreement (Ny Credit Corp.)
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: Limited Partnership Agreement (Jernigan Capital, 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: Limited Partnership Agreement (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 4.09 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
Samples: Agreement of Limited Partnership (Landmark Apartment Trust of America, 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 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 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.
Appears in 1 contract
Samples: Limited Partnership Agreement (Richmond Honan Medical Properties 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: Limited Partnership Agreement (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 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 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: Limited Partnership Agreement (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
Samples: Amended and Restated Agreement of Limited Partnership (Kite Realty Group Trust)
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 4.6 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 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
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
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.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.
Appears in 1 contract
Samples: Limited Partnership Agreement (Vintage Wine 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, 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
Samples: Limited Partnership Agreement (Priam Properties 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 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.)