Common use of Procedure for Purchase of Shares Clause in Contracts

Procedure for Purchase of Shares. (a) In the event of a Distribution Shortfall, the Company shall deliver to NRFC and RXR a written notice within ten (10) Business Days following the Company’s filing with the SEC of its Periodic Report for such calendar quarter or year, as the case may be, specifying the number of Shares to be purchased by each of NRFC and RXR pursuant to Section 2 above and the Company’s calculation of the Distribution Shortfall. (b) On the fifth Business Day following the delivery of such notice (the “Issue Date”), the Company shall issue to each of NRFC and RXR the Shares being sold against NRFC’s and RXR’s delivery of its executed subscription for the Offering and payment of the purchase price for such Shares by wire transfer of immediately available funds. (c) If either NFRC or RXR fails to deliver the required amount of funds (“Deficit Amount”) pursuant to Section 3(b) above (the party so failing, hereinafter, the “Defaulting Party”), then within three (3) Business Days thereafter, the non-defaulting party shall pay to the Company the Deficit Amount. Thereafter, from time to time when the Company would otherwise be obligated to pay fees to the Defaulting Party (or its Affiliates) for services performed for the Company, the Company shall instead pay to the non-defaulting party any such fees until such time as the non-defaulting party has been repaid the Deficit Amount. After the non-defaulting party has been repaid the Deficit Amount, any Shares purchased by the non-defaulting party as a result of the Defaulting Party’s failure to deliver the Deficit Amount pursuant to Section 3(b) above shall be transferred to the Defaulting Party.

Procedure for Purchase of Shares. (a) In the event of a Distribution Shortfall, the Company Master Fund shall deliver to NRFC and RXR OZCI a written notice within ten (10) Business Days following the CompanyMaster Fund’s filing with the SEC of its a Periodic Report for such calendar quarter or year, as the case may be, specifying the number of Shares to be purchased by each of NRFC and RXR OZCI pursuant to Section 2 above and the CompanyMaster Fund’s calculation of the Distribution Shortfall. (b) On the fifth (5th) Business Day following the delivery of such notice (the “Issue Date”), the Company Master Fund shall issue to each of NRFC and RXR OZCI the Shares being sold against NRFC’s and RXROZCI’s delivery of its executed subscription for the Offering and payment of the purchase price for such Shares by wire transfer of immediately available funds. (c) If either NFRC or RXR OZCI fails to deliver the required amount of funds (“Deficit Amount”) pursuant to Section 3(b) above (the party so failing, hereinafter, the “Defaulting Party”), then within three (3) Business Days thereafter, the nonparty that has not failed to deliver the required amount of funds pursuant to Section 3(b) above (the “Non-defaulting party Defaulting Party”) shall pay to the Company Master Fund the Deficit Amount. Notwithstanding the foregoing, in no event shall NRFC or OZCI be required to purchase in aggregate greater than $5,000,000 each in purchase amount of shares (including its respective Seed Investment). Thereafter, from time to time when the Company Master Fund would otherwise be obligated to pay fees to the Defaulting Party (or its Affiliates) for services performed for the CompanyMaster Fund, the Company Master Fund shall instead pay to the nonNon-defaulting party Defaulting Party any such fees until such time as the non-defaulting party has been repaid the Deficit Amount. After the nonNon-defaulting party Defaulting Party has been repaid the Deficit Amount, any Shares purchased by the nonNon-defaulting party Defaulting Party as a result of the Defaulting Party’s failure to deliver the Deficit Amount pursuant to Section 3(b) above shall be transferred to the Defaulting Party.

Procedure for Purchase of Shares. (a) In the event of a Distribution Shortfall, the Company Master Fund shall deliver to NRFC and RXR OZCI a written notice within ten (10) Business Days following the CompanyMaster Fund’s filing with the SEC of its a Periodic Report for such calendar quarter or year, as the case may be, specifying the number of Shares to be purchased by each of NRFC and RXR OZCI pursuant to Section 2 above and the CompanyMaster Fund’s calculation of the Distribution Shortfall. (b) On the fifth (5th) Business Day following the delivery of such notice (the “Issue Date”), the Company Master Fund shall issue to each of NRFC and RXR OZCI the Shares being sold against NRFC’s and RXROZCI’s delivery of its executed subscription for the Offering and payment of the purchase price for such Shares by wire transfer of immediately available funds. (c) If either NFRC or RXR OZCI fails to deliver the required amount of funds (“Deficit Amount”) pursuant to Section 3(b) above (the party so failing, hereinafter, the “Defaulting Party”), then within three (3) Business Days thereafter, the nonparty that has not failed to deliver the required amount of funds pursuant to Section 3(b) above (the “Non-defaulting party Defaulting Party”) shall pay to the Company Master Fund the Deficit Amount. Notwithstanding the foregoing, in no event shall NRFC or OZCI be required to purchase in aggregate greater than $4,000,000 each in purchase amount of shares. Thereafter, from time to time when the Company Master Fund would otherwise be obligated to pay fees to the Defaulting Party (or its Affiliates) for services performed for the CompanyMaster Fund, the Company Master Fund shall instead pay to the nonNon-defaulting party Defaulting Party any such fees until such time as the non-defaulting party has been repaid the Deficit Amount. After the nonNon-defaulting party Defaulting Party has been repaid the Deficit Amount, any Shares purchased by the nonNon-defaulting party Defaulting Party as a result of the Defaulting Party’s failure to deliver the Deficit Amount pursuant to Section 3(b) above shall be transferred to the Defaulting Party.

Procedure for Purchase of Shares. (a) In the event of a Distribution Shortfall, the Company Trust shall deliver to NRFC and RXR OZCI a written notice within ten (10) Business Days following the CompanyTrust’s filing with the SEC of its a Periodic Report for such calendar quarter or year, as the case may be, specifying the number of Shares to be purchased by each of NRFC and RXR OZCI pursuant to Section 2 above and the CompanyTrust’s calculation of the Distribution Shortfall. (b) On the fifth (5th) Business Day following the delivery of such notice (the “Issue Date”), the Company Trust shall issue to each of NRFC and RXR OZCI the Shares being sold against NRFC’s and RXROZCI’s delivery of its executed subscription for the Offering and payment of the purchase price for such Shares by wire transfer of immediately available funds. (c) If either NFRC or RXR OZCI fails to deliver the required amount of funds (“Deficit Amount”) pursuant to Section 3(b) above (the party so failing, hereinafter, the “Defaulting Party”), then within three (3) Business Days thereafter, the nonparty that has not failed to deliver the required amount of funds pursuant to Section 3(b) above (the “Non-defaulting party Defaulting Party”) shall pay to the Company Trust the Deficit Amount. Notwithstanding the foregoing, in no event shall NRFC or OZCI be required to purchase in aggregate greater than $5,000,000 each in purchase amount of shares. Thereafter, from time to time when the Company Trust would otherwise be obligated to pay fees to the Defaulting Party (or its Affiliates) for services performed for the CompanyTrust, the Company Trust shall instead pay to the nonNon-defaulting party Defaulting Party any such fees until such time as the non-defaulting party has been repaid the Deficit Amount. After the nonNon-defaulting party Defaulting Party has been repaid the Deficit Amount, any Shares purchased by the nonNon-defaulting party Defaulting Party as a result of the Defaulting Party’s failure to deliver the Deficit Amount pursuant to Section 3(b) above shall be transferred to the Defaulting Party.