Common use of Procedure for Exchange Clause in Contracts

Procedure for Exchange. 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 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 G Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series 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 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 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.

Procedure for Exchange. 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 G 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 G H Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series G 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 G 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 G 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.

Procedure for Exchange. 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 G 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 G F Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series G 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 G 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 G 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.

Procedure for Exchange. 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 G 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 G E Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series G 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 G 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 G 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.

Procedure for Exchange. 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 Owner- ship Limit and the Related Tenant Limit. The exchange of Series G 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 G C Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series G C Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx121 West Forsyth Street, Xxxxx Suxxx 000, XxxxxxXxxxxxxxxxxx, Xxxxxxxxxxxxx Xxxxxxx 00000. Each exchange will be deemed Xxxx xxxxxxxx xxxx xx xxxmed to have been effected immediately prior to the close of business on the date on which such Series G 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 G 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.

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 G 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 G E Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series G 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 G 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 G 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. (ii) If the event of an exchange of Series E Preferred Units for shares of Series E Preferred Shares, an amount equal to the accrued and unpaid distributions, whether or not declared, to the date of exchange on any Series E Preferred Units tendered for exchange shall (A) accrue on the Series E Preferred Shares into which such Series E Preferred Units are exchanged, and (B) continue to accrue on such Series E Preferred Units, which shall remain outstanding following such exchange, with the General Partner as the holder of such Series E Preferred Units. Notwithstanding anything to the contrary set forth herein, in no event shall a holder of a Series E Preferred Unit that was validly exchanged into Series E Preferred Shares pursuant to this Section 9 (other than the General Partner now holding such Series E Preferred Unit), receive a cash distribution out of Available Cash of the Partnership, if such holder, after exchange, is entitled to receive a distribution out of Available Cash with respect to the Series E Preferred Shares for which such Series E Preferred Unit was exchanged or redeemed. (iii) Fractional shares of Series E Preferred Shares are not to be issued upon exchange but, in lieu thereof, the General Partner will pay a cash adjustment based upon the fair market value of the Series E Preferred Shares on the day prior to the exchange date as determined in good faith by the Board of Directors of the General Partner.

Procedure for Exchange. 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 G 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 G B Preferred Units to be exchanged together with, if applicable, written notice of exchange and a proper assignment of such Series G B Preferred Units to the office of the General Partner maintained for such purpose. Currently, such office is Xxx Xxxxxx Xxxxx121 West Forsyth Street, Xxxxx Suxxx 000, XxxxxxXxxxxxxxxxxx, Xxxxxxxxxxxxx Xxxxxxx 00000. Each exchange will be deemed Xxxx xxxxxxxx xxxx xx xxxmed to have been effected immediately prior to the close of business on the date on which such Series G 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 G 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.