Common use of Procedure for Exchange Clause in Contracts

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H Preferred Shares issued pursuant to this Section 8 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 3 contracts

Samples: Agreement (Cabot Industrial Properties Lp), Agreement (Cabot Industrial Properties Lp), Cabot Industrial Trust

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Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Series E Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H E Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Series E Exchange Notice by delivering certificates, if any, representing such Series H E Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H E Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H E Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Series E Exchange Price shall have been paid. Any Series H E Preferred Shares issued pursuant to this Section 8 9 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 3 contracts

Samples: Agreement (Cabot Industrial Properties Lp), Agreement (Cabot Industrial Properties Lp), Cabot Industrial Properties Lp

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H F Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H F Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H F Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H F Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H F Preferred Shares issued pursuant to this Section 8 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 3 contracts

Samples: Agreement (Cabot Industrial Properties Lp), Agreement (Cabot Industrial Properties Lp), Cabot Industrial Properties Lp

Procedure for Exchange. (iA) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (Ai) fax and (Bii) by certified mail postage prepaid. Upon request of the General Partner, such holder delivering the Exchange Notice shall provide to the General Partner in writing such information as the General Partner may reasonably request to determine whether any portion of the exchange by the delivering holder will result in the violation of the restrictions of Article 5 of the Articles of Incorporation, including the Ownership Limit and the Related Tenant Limit. The exchange of Series H A Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day Days following receipt by the General Partner of the Exchange Notice and such requested information by delivering certificates, if any, representing such Series H A Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H A Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx000 Xxxx Xxxxxxx Xxxxxx, Xxxxx 000, XxxxxxXxxxxxxxxxxx, Xxxxxxxxxxxxx Xxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H A Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H A Preferred Shares Stock issued pursuant to this Section 8 4.5(g) shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the CharterArticles of Incorporation, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 3 contracts

Samples: Regency Centers Corp, Regency Realty Corp, Regency Centers Lp

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H D Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H D Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H D Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H D Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H D Preferred Shares issued pursuant to this Section 8 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 3 contracts

Samples: Agreement (Cabot Industrial Properties Lp), Agreement (Cabot Industrial Properties Lp), Cabot Industrial Properties Lp

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (Ai) fax and (Bii) by certified mail postage prepaid. Upon request of the General Partner, such holder delivering the Exchange Notice shall provide to the General Partner in writing such information as the General Partner may reasonably request to determine whether any portion of the exchange by the delivering holder will result in the violation of the restrictions of Article 5 of the Charter, including the Ownership Limit and the Related Tenant Limit. The exchange of Series H B Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day Days following receipt by the General Partner of the Exchange Notice and such requested information by delivering certificates, if any, representing such Series H B Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H B Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx000 Xxxx Xxxxxxx Xxxxxx, Xxxxx 000, XxxxxxXxxxxxxxxxxx, Xxxxxxxxxxxxx Xxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H B Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H B Preferred Shares Stock issued pursuant to this Section 8 10 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 3 contracts

Samples: Regency Centers Corp, Regency Realty Corp, Regency Centers Lp

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H B Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H B Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H B Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H B Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H B Preferred Shares issued pursuant to this Section 8 9 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 3 contracts

Samples: Agreement (Cabot Industrial Properties Lp), Agreement (Cabot Industrial Properties Lp), Cabot Industrial Trust

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (Ai) fax and (Bii) by certified mail postage prepaid. Upon request of the General Partner, such holder delivering the Exchange Notice shall provide to the General Partner in writing such information as the General Partner may reasonably request to determine whether any portion of the exchange by the delivering holder will result in the violation of the restrictions of Article 5 of the Charter, including the Ownership Limit and the Related Tenant Limit. The exchange of Series H C Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice and such requested information by delivering certificates, if any, representing such Series H C Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H C Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx000 Xxxx Xxxxxxx Xxxxxx, Xxxxx 000, XxxxxxXxxxxxxxxxxx, Xxxxxxxxxxxxx Xxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H C Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H C Preferred Shares issued pursuant to this Section 8 10 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 3 contracts

Samples: Regency Centers Lp, Regency Centers Corp, Regency Realty Corp

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H C Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H C Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H C Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H C Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H C Preferred Shares issued pursuant to this Section 8 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 3 contracts

Samples: Agreement (Cabot Industrial Properties Lp), Agreement (Cabot Industrial Properties Lp), Cabot Industrial Trust

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H G Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H G Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H G Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H G Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H G Preferred Shares issued pursuant to this Section 8 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 3 contracts

Samples: Agreement (Cabot Industrial Properties Lp), Agreement (Cabot Industrial Properties Lp), Cabot Industrial Trust

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange NoticeEXCHANGE NOTICE") delivered to the --------------- General Partner by the holder Holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H B Preferred Units, or a specified portion thereof, may be effected after the fifth (5th5{th}) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H B Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H B Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx35 Century Park-Way, Xxxxx 000Salt Xxxx Xxxx, Xxxxxx, Xxxxxxxxxxxxx Xxxx 00000. Each exchange will be deemed Xxxx xxxxxxxx xxxx xx xeemed to have been effected immediately prior to the close of business on the date on which such Series H B Preferred Units to be exchanged exchange (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any shares of Series H B Preferred Shares Stock issued pursuant to this Section 8 SECTION 9 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 2 contracts

Samples: Jp Realty Inc, Price Development Co Lp

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange NoticeEXCHANGE NOTICE") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by fax (Aif the holder of the Series B Preferred Units shall have provided the Partnership with such holder's fax number) fax and (Bii) by certified mail postage prepaid. The exchange of Series H B Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day Days following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H B Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H B Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxxlocated at 0000 X. Xxxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx Xxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H B Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H B Preferred Shares issued pursuant to this Section SECTION 8 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the CharterDeclaration, the Bylaws of the General PartnerTrust, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Prentiss Properties Trust/Md

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice"“EXCHANGE NOTICE”) delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (Aa) fax and (Bb) by certified mail postage prepaid. The exchange of Series H B Preferred Units, or a specified portion thereof, may be effected after the fifth tenth (5th10th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H B Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H B Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx 2000 Xxxxx Xxxxxx Xxxxx, Xxxxx 000, XxxxxxXxxxxxxxxx, Xxxxxxxxxxxxx Xxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H B Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H B Preferred Shares issued pursuant to this Section 8 SECTION shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 1933, as amended, and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Colonial Properties Trust

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H F Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H F Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H F Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxxis: 500 Xxxxxxxxxxxx Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000. Xxxxxxxxxxxx 00000 Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H F Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H F Preferred Shares issued pursuant to this Section 8 9 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Liberty Property Limited Partnership

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (Aa) fax and (Bb) by certified mail postage prepaid. The exchange of Series H N Preferred Units, or a specified portion thereof, Units may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H N Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H N Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxxc/o PS Business Parks, Xxxxx 000Inc., 700 Xxxxxxx Xxxxxx, Xxxxxxxxxxxxx Xxxxxxxx, Xxxxxxxxxx 00000, Attention: Exxxxx X. Xxxxx. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H N Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Series N Exchange Price shall have been paid. Any Series H N Preferred Shares Stock issued pursuant to this Section 8 shall be delivered delivered, as promptly as practicable, as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 1933, as amended, and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Redemption Agreement (Ps Business Parks Inc/Ca)

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised ---------------------- pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by fax (Aif the holder of the Series C Preferred Units shall have provided the Partnership with such holder's fax number) fax and (B) by certified mail postage prepaid. The exchange of Series H C Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day Days following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H C Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H C Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxxlocated at 0000 X. Xxxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx Xxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H C Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H C Preferred Shares issued pursuant to this Section 8 4.02(e)(viii) shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the CharterDeclaration of Trust, the Bylaws of the General PartnerCompany, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Prentiss Properties Trust/Md

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxxis: 500 Xxxxxxxxxxxx Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000. Xxxxxxxxxxxx 00000 Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H Preferred Shares issued pursuant to this Section 8 9 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Liberty Property Limited Partnership

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H G Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H G Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H G Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxxis: 500 Xxxxxxxxxxxx Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000. Xxxxxxxxxxxx 00000 Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H G Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H G Preferred Shares issued pursuant to this Section 8 9 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Liberty Property Trust

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Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H D Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H D Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H D Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxxis: 65 Valley Stream Parkway Malvern, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000. Each exchange will be deemed to have been effected immediately Pennsyxxxxxx 00000 Xxxx xxxxxxxx xxxx xx xxxxxx xx xxxx xxxx xxxxxxxx xxxxxiately prior to the close of business on the date on which such Series H D Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H D Preferred Shares issued pursuant to this Section 8 10 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Liberty Property Limited Partnership

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H B Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H B Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H B Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx 60 Xxxxxx XxxxxXxxxxx Xxxxxxx, Xxxxx 000Xxxxxxx, Xxxxxx, Xxxxxxxxxxxxx Xxxxxxxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H B Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H B Preferred Shares issued pursuant to this Section 8 9 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Liberty Property Limited Partnership

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H Preferred D Preference Units, or a specified portion thereof, may be effected after the fifth fifteenth (5th15th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H Preferred D Preference Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H Preferred D Preference Units to the office of the General Partner maintained for such purpose. Currently, such office is located at Xxx Xxxxxx Xxxxx Xxxxxxxxx Xxxxx, Xxxxx 000Xxxxxxx, Xxxxxx, Xxxxxxxxxxxxx Xxxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H Preferred D Preference Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the exchange shall be at the Exchange Price shall have been paidin effect at such time and on such date. Any Series H D Preferred Shares Stock issued pursuant to this Section 8 10 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General PartnerCompany, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Equity Lifestyle Properties Inc

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange NoticeEXCHANGE NOTICE") delivered to the --------------- General Partner Company by the holder who is exercising such exchange right, by (Ai) fax and (Bii) by certified mail postage prepaid. The exchange of Series H A Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner Company of the Exchange Notice by delivering certificates, if any, representing such Series H A Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H A Preferred Units to the office of the General Partner Company maintained for such purpose. Currently, such office is Xxx located at 0000 X. Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx Xxxxxxxxx, Xxxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H A Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner Company as aforesaid and the Exchange Price shall have been paid. Any Series H A Preferred Shares Stock issued pursuant to this Section SECTION 8 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General PartnerCompany, the Securities Act of 1933 Federal securities acts and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Cp LTD Partnership

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H Preferred F Preference Units, or a specified portion thereof, may be effected after the fifth fifteenth (5th15th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H Preferred F Preference Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H Preferred F Preference Units to the office of the General Partner maintained for such purpose. Currently, such office is located at Xxx Xxxxxx Xxxxx Xxxxxxxxx Xxxxx, Xxxxx 000Xxxxxxx, Xxxxxx, Xxxxxxxxxxxxx Xxxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H Preferred F Preference Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the exchange shall be at the Exchange Price shall have been paidin effect at such time and on such date. Any Series H F Preferred Shares Stock issued pursuant to this Section 8 10 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General PartnerCompany, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Equity Lifestyle Properties Inc

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H E Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H E Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H E Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxxis: 500 Xxxxxxxxxxxx Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx 00000. Xxxxxxxxxxxx 00000 Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H E Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H E Preferred Shares issued pursuant to this Section 8 9 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Liberty Property Trust

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H C Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H C Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H C Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx is: 60 Xxxxxx XxxxxXxxxxx Xxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxx, Xxxxxxxxxxxxx Xxxxxxxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H C Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H C Preferred Shares issued pursuant to this Section 8 10 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Liberty Property Limited Partnership

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange NoticeEXCHANGE NOTICE") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (Aa) fax and (Bb) by certified mail postage prepaid. The exchange of Series H B Preferred Units, or a specified portion thereof, may be effected after the fifth tenth (5th10th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H B Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H B Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx 0000 Xxxxx Xxxxxx Xxxxx, Xxxxx 000, XxxxxxXxxxxxxxxx, Xxxxxxxxxxxxx Xxxxxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H B Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H B Preferred Shares issued pursuant to this Section 8 SECTION shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 1933, as amended, and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Colonial Properties Trust

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (Aa) fax and (Bb) by certified mail postage prepaid. The exchange of Series H G Preferred Units, or a specified portion thereof, Units may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H G Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H G Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxxc/o PS Business Parks, Xxxxx 000Inc., 000 Xxxxxxx Xxxxxx, Xxxxxxxxxxxxx Xxxxxxxx, Xxxxxxxxxx 00000, Attention: Xxxx X. Xxxxxxxx. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H G Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Series G Exchange Price shall have been paid. Any Series H G Preferred Shares Stock issued pursuant to this Section 8 shall be delivered delivered, as promptly as practicable, as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 1933, as amended, and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Redemption Agreement (Ps Business Parks Inc/Ca)

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange Notice") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail mail, postage prepaid. Upon request of the General Partner, such holder delivering the Exchange Notice shall provide to the General Partner in writing such information as the General Partner may reasonably request to determine whether any portion of the exchange by the delivering holder will result in the violation of the restrictions of Article 7 of the Charter, including the Ownership Limit. The exchange of Series H C Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice and such requested information by delivering certificates, if any, representing such Series H C Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H C Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxxlocated at 900 X. Xxxxxxxx Xxxxxx, Xxxxx 0000000, XxxxxxXxxxxxx, Xxxxxxxxxxxxx XX 00000. Each Xxch exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H C Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H C Preferred Shares issued pursuant to this Section 8 4.2.9.8 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws of the General Partner, the Securities Act of 1933 and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Urban Shopping Centers Inc

Procedure for Exchange. (i) Any exchange pursuant to this Amendment shall be exercised pursuant to a notice of exchange (the "Exchange NoticeEXCHANGE NOTICE") delivered to the --------------- General Partner by the holder who is exercising such exchange right, by (A) fax and (B) by certified mail postage prepaid. The exchange of Series H C Preferred Units, or a specified portion thereof, may be effected after the fifth (5th) Business Day following receipt by the General Partner of the Exchange Notice by delivering certificates, if any, representing such Series H C Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series H C Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxxlocated at 00 Xxxxxxx Xxxx-Xxx, Xxxxx 000Xxxx Xxxx Xxxx, Xxxxxx, Xxxxxxxxxxxxx Xxxx 00000. Each exchange will be deemed to have been effected immediately prior to the close of business on the date on which such Series H C Preferred Units to be exchanged (together with all required documentation) shall have been surrendered and notice shall have been received by the General Partner as aforesaid and the Exchange Price shall have been paid. Any Series H C Preferred Shares Stock issued pursuant to this Section SECTION 8 shall be delivered as shares which are duly authorized, validly issued, fully paid and nonassessable, free of pledge, lien, encumbrance or restriction other than those provided in the Charter, the Bylaws ByLaws of the General Partner, the Securities Act of 1933 1933, as amended, and relevant state securities or blue sky laws.

Appears in 1 contract

Samples: Jp Realty Inc

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