Common use of Procedures for Redemption Clause in Contracts

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 6 contracts

Samples: Agreement of Limited Partnership (Amb Property Lp), Agreement of Limited Partnership (Amb Property Corp), Agreement of Limited Partnership (Amb Property Lp)

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Procedures for Redemption. The following provisions set forth the procedures for Redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K A Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, ; (dD) the place or places where such the Series K A Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series A Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K A Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K A Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series A Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series A Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K A Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series A Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Amb Property Corp), Limited Partnership Agreement (Amb Property Corp), Limited Partnership Agreement (Amb Property Lp)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K G Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K G Preferred Units to be redeemed, ; (dD) the place or places where such the Series K G Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K G Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series G Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K G Preferred UnitsUnits to be redeemed. (ii2) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K G Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series G Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units. (3) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series G Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series G Preferred Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but not including the redemption date) of the Series K G Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series G Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K G Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K G Preferred Units to be redeemed, ; (dD) the place or places where such the Series K G Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; (eE) that distributions on the Series K G Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series G Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K G Preferred UnitsUnits to be redeemed. (ii2) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K G Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series G Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units. (3) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series G Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series G Preferred Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but not including the redemption date) of the Series K G Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series G Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Digital Realty Trust, L.P.), Limited Partnership Agreement (Digital Realty Trust, L.P.), Limited Partnership Agreement (Digital Realty Trust, L.P.)

Procedures for Redemption. (iA) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K A Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (ai) the redemption date, (bii) the Series A Redemption Price, (ciii) the aggregate number of Series K A Preferred Units to be redeemed and if fewer than all of the outstanding Series K A Preferred Units are to be redeemed, the number of Series K A Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K A Preferred Units that the total number of Series K A Preferred Units held by such holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, (div) the place or places where such Series K A Preferred Units are to be surrendered for payment of the Series A Redemption Price, (ev) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (fvi) that payment of the Series A Redemption Price will be made upon presentation and surrender of such Series K A Preferred Units. (iiB) If the Partnership gives a notice of redemption in respect of Series K A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K A Preferred Units being redeemed funds sufficient to pay the applicable Series A Redemption Price and will give irrevocable instructions and authority to pay such Series A Redemption Price to the holders of the Series K A Preferred Units upon surrender of the Series K A Preferred Units by such holders at the place designated in the notice of redemption. If the Series A Preferred Units are evidenced by a certificate and if fewer than all Series A Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series A Preferred Units, evidencing the unredeemed Series A Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K A Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K A Preferred Units is not a Business Day, then payment of the Series A Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series A Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K A Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series A Redemption Price.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Regency Centers Corp), Limited Partnership Agreement (Regency Centers Lp), Limited Partnership Agreement (Regency Centers Lp)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K E Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K E Preferred Units to be redeemed, ; (dD) the place or places where such the Series K E Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K E Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series E Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K E Preferred UnitsUnits to be redeemed. (ii2) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K E Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series E Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units. (3) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series E Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series E Preferred Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but not including the redemption date) of the Series K E Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series E Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Digital Realty Trust, L.P.), Limited Partnership Agreement (Digital Realty Trust, L.P.), Limited Partnership Agreement (Digital Realty Trust, L.P.)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K I Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K I Preferred Units to be redeemed, ; (dD) the place or places where such the Series K I Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K I Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series I Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K I Preferred UnitsUnits to be redeemed. (ii2) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K I Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series I Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units. (3) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series I Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series I Preferred Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but not including the redemption date) of the Series K I Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series I Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.)

Procedures for Redemption. The following provisions set forth the procedures for Redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K O Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K O Preferred Units to be redeemed, ; (dD) the place or places where such the Series K O Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K O Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series O Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K O Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K O Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series O Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series O Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K O Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series O Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 5 contracts

Samples: Agreement of Limited Partnership (Prologis, L.P.), Agreement of Limited Partnership (Amb Property Corp), Limited Partnership Agreement (Amb Property Lp)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K H Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K H Preferred Units to be redeemed, ; (dD) the place or places where such the Series K H Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K H Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series H Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K H Preferred UnitsUnits to be redeemed. (ii2) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K H Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series H Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units. (3) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series H Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series H Preferred Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but not including the redemption date) of the Series K H Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series H Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 4 contracts

Samples: Agreement of Limited Partnership (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxedgiven by publication in a newspaper of general circulation in the City of New York, such publication to be made once a week for two successive weeks commencing not less than 30 nor more than 60 days prior to the redemption date, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K B Preferred Units to be redeemed at their respective addresses as they appear on the stock transfer records of the Partnership. No failure to give or defect in such notice or any defect thereto or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series K B Preferred Units except as to the holder to whom such notice was defective or not given. . (ii) In addition to any information required by lawlaw or by the applicable rules of any exchange upon which Series B Preferred Units may be listed or admitted to trading, each such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K B Preferred Units to be redeemed, ; (dD) the place or places where such the Series K B Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K Preferred Units units to be redeemed will cease to accumulate accrue on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series B Preferred Units held by any holder are to be made upon presentation and surrender redeemed, the notice mailed to such holder shall also specify the number of Series B Preferred Units held by such Series K Preferred Unitsholder to be redeemed. (iiiii) If the Partnership gives a notice of redemption in respect of any Series K B Preferred Units (which notice will be irrevocable) then, has been given and if the funds necessary for such redemption have been set aside by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the holders of any Series K B Preferred Units being so called for redemption, then from and after the redemption date distributions will cease to accrue on such Series B Preferred Units, such Series B Preferred Units shall no longer be deemed outstanding and all rights of the holders of such units will terminate, except the right to receive the redemption price. Such Series B Preferred Units shall be redeemed by the Partnership at the redemption price plus any accrued and unpaid distributions payable upon such redemption. (iv) The deposit of funds sufficient with a bank or trust corporation for the purpose of redeeming Series B Preferred Units shall be irrevocable except that: (A) the Partnership shall be entitled to pay receive from such bank or trust corporation the applicable Redemption Price interest or other earnings, if any, earned on any money so deposited in trust, and will give irrevocable instructions the holders of any units redeemed shall have no claim to such interest or other earnings; and authority to pay such Redemption Price to (B) any balance of monies so deposited by the Partnership and unclaimed by the holders of the Series K B Preferred Units upon surrender of the Series K Preferred Units by such holders entitled thereto at the place designated in expiration of two years from the notice of redemption. On and after the date of redemptionapplicable redemption dates shall be repaid, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without together with any interest or other payment in respect of any such delay) except thatearnings thereon, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by to the Partnership, distributions on and after any such Series K Preferred Units will continue to accumulate from repayment, the original redemption date holders of the units entitled to the date of payment, in which case funds so repaid to the actual Partnership shall look only to the Partnership for payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Pricewithout interest or other earnings.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Gables Realty Limited Partnership), Limited Partnership Agreement (Gables Realty Limited Partnership), Limited Partnership Agreement (Gables Residential Trust)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K C Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K C Preferred Units to be redeemed, ; (dD) the place or places where such the Series K C Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K C Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Unitsdate. (ii2) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K C Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series C Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units. (3) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series C Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series C Preferred Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but not including the redemption date) of the Series K C Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series C Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's ’s pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 4 contracts

Samples: Agreement of Limited Partnership (Amb Property Corp), Limited Partnership Agreement (Amb Property Corp), Limited Partnership Agreement (Amb Property Lp)

Procedures for Redemption. (iA) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K F Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K F Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (ai) the redemption date, (bii) the Series F Redemption Price, (ciii) the aggregate number of Series K F Preferred Units to be redeemed and if fewer than all of the outstanding Series K F Preferred Units are to be redeemed, the number of Series K F Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K F Preferred Units that the total number of Series K F Preferred Units held by such holder represents) of the aggregate number of Series K F Preferred Units to be redeemed, (div) the place or places where such Series K F Preferred Units are to be surrendered for payment of the Series F Redemption Price, (ev) that distributions on the Series K F Preferred Units to be redeemed will cease to accumulate on such redemption date and (fvi) that payment of the Series F Redemption Price will be made upon presentation and surrender of such Series K F Preferred Units. (iiB) If the Partnership gives a notice of redemption in respect of Series K F Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K F Preferred Units being redeemed funds sufficient to pay the applicable Series F Redemption Price and will give irrevocable instructions and authority to pay such Series F Redemption Price to the holders of the Series K F Preferred Units upon surrender of the Series K F Preferred Units by such holders at the place designated in the notice of redemption. If the Series F Preferred Units are evidenced by a certificate and if fewer than all Series F Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series F Preferred Units, evidencing the unredeemed Series F Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K F Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K F Preferred Units is not a Business Day, then payment of the Series F Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series F Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K F Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series F Redemption Price.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Regency Centers Lp), Limited Partnership Agreement (Regency Centers Corp), Amendment No. 5 to Third Amended and Restated Agreement of Limited Partnership (Regency Centers Lp)

Procedures for Redemption. (i) Notice of redemption will of the Series B Preferred Stock shall be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders each holder of record of the Series K Preferred Units shares to be redeemed by first class mail, postage prepaid at their respective addresses such holder’s address as they appear the same appears on the stock records of the PartnershipCorporation. No failure Any notice which was mailed as described above shall be conclusively presumed to give have been duly given on the date mailed whether or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to not the holder to whom such notice was defective or not givenreceives the notice. In addition to any information required by lawlaw or by the applicable rules of the exchange upon which the Series B Preferred Stock may be listed or admitted to trading, each such notice shall state: (ai) the redemption date, ; (bii) the Redemption Price, redemption price; (ciii) the aggregate number of shares of Series K B Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are Stock to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share ; and (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (div) the place or places where certificates for such shares of Series K B Preferred Units Stock are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to cash. Any such redemption may be redeemed will cease to accumulate made conditional on such redemption date factors as may be determined by the Board and (f) that payment as set forth in the notice of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Unitsredemption. (ii) If On or after the Partnership gives a notice Redemption Date, each holder of redemption in respect shares of Series K B Preferred Units (which notice will Stock to be irrevocable) then, by 12:00 noon, New York City time, on redeemed shall present and surrender the redemption date, the Partnership will deposit irrevocably in trust for the benefit certificates representing his shares of the Series K B Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price Stock to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Corporation at the place designated in the notice of redemption. On redemption and after thereupon the date cash redemption price of redemption, distributions will cease such shares shall be paid to accumulate or on the order of the person whose name appears on such certificate representing shares of Series K B Preferred Units or portions Stock as the owner thereof and each surrendered certificate shall be canceled. If fewer than all the shares represented by any such certificate representing shares of Series B Preferred Stock are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) If notice of redemption has been mailed in accordance with Section 6(c)(i) above and if the funds necessary for such redemption have been set aside by the Corporation in trust for the benefit of the holders of the Series B Preferred Stock so called for redemption, then from and after the Redemption Date (unless the Partnership Corporation defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all dividends on the next succeeding day that is a Business Day shares of Series B Preferred Stock called for redemption in such notice shall cease to accumulate and all rights of the holders thereof, except the right to receive the redemption price thereof (including all accumulated and without any interest or other payment in respect unpaid dividends up to the Redemption Date), shall cease and terminate and such shares shall not thereafter be transferred (except with the consent of any such delaythe Corporation) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business DayCorporation’s books, in each case with and such shares shall not be deemed to be outstanding for any purpose whatsoever. At its election, the same force Corporation, prior to a Redemption Date, may irrevocably deposit the redemption price (including accumulated and effect as if made on such date fixed for redemption. If payment unpaid dividends) of the Redemption Price is improperly withheld Series B Preferred Stock so called for redemption in trust for the holders thereof with a bank or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of paymenttrust company, in which case the actual redemption notice to holders of the shares of Series B Preferred Stock to be redeemed shall (i) state the date of such deposit, (ii) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (iii) require such holders to surrender the certificates representing such shares at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the Redemption Date) against payment of calculating the applicable redemption price (including all accumulated and unpaid dividends to the Redemption PriceDate). Any interest or other earnings earned on the redemption price (including accumulated and unpaid dividends) deposited with a bank or trust company shall be paid to the Corporation. Any monies so deposited which remain unclaimed by the holders of Series B Preferred Stock at the end of two years after the Redemption Date shall be returned by such bank or trust company to the Corporation.

Appears in 4 contracts

Samples: Merger Agreement (Ready Capital Corp), Merger Agreement (Ready Capital Corp), Merger Agreement (Anworth Mortgage Asset Corp)

Procedures for Redemption. (iA) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K D Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K D Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (ai) the redemption date, (bii) the Series D Redemption Price, (ciii) the aggregate number of Series K D Preferred Units to be redeemed and if fewer than all of the outstanding Series K D Preferred Units are to be redeemed, the number of Series K D Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K D Preferred Units that the total number of Series K D Preferred Units held by such holder represents) of the aggregate number of Series K D Preferred Units to be redeemed, (div) the place or places where such Series K D Preferred Units are to be surrendered for payment of the Series D Redemption Price, (ev) that distributions on the Series K D Preferred Units to be redeemed will cease to accumulate on such redemption date and (fvi) that payment of the Series D Redemption Price will be made upon presentation and surrender of such Series K D Preferred Units. (iiB) If the Partnership gives a notice of redemption in respect of Series K D Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K D Preferred Units being redeemed funds sufficient to pay the applicable Series D Redemption Price and will give irrevocable instructions and authority to pay such Series D Redemption Price to the holders of the Series K D Preferred Units upon surrender of the Series K D Preferred Units by such holders at the place designated in the notice of redemption. If the Series D Preferred Units are evidenced by a certificate and if fewer than all Series D Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series D Preferred Units, evidencing the unredeemed Series D Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K D Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K D Preferred Units is not a Business Day, then payment of the Series D Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series D Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K D Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series D Redemption Price.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Regency Centers Lp), Limited Partnership Agreement (Regency Centers Corp), Limited Partnership Agreement (Regency Centers Lp)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxedgiven by publication in a newspaper of general circulation in the City of New York, such publication to be made once a week for two successive weeks commencing not less than 30 nor more than 60 days prior to the redemption date, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K B Preferred Units to be redeemed at their respective addresses as they appear on the stock transfer records of the Partnership. No failure to give or defect in such notice or any defect thereto or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series K B Preferred Units except as to the holder to whom such notice was defective or not given. . (ii) In addition to any information required by lawlaw or by the applicable rules of any exchange upon which Series B Preferred Units may be listed or admitted to trading, each such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K B Preferred Units to be redeemed, ; (dD) the place or places where such the Series K B Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K Preferred Units units to be redeemed will cease to accumulate accrue on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series B Preferred Units held by any holder are to be made upon presentation and surrender redeemed, the notice mailed to such holder shall also specify the number of Series B Preferred Units held by such Series K Preferred Unitsholder to be redeemed. (iiiii) If the Partnership gives a notice of redemption in respect of any Series K B Preferred Units (which notice will be irrevocable) then, has been given and if the funds necessary for such redemption have been set aside by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the holders of any Series K B Preferred Units being so called for redemption, then from and after the redemption date distributions will cease to accrue on such Series B Preferred Units, such Series B Preferred Units shall no longer be deemed outstanding and all rights of the holders of such units will terminate, except the right to receive the redemption price. Such Series B Preferred Units shall be redeemed by the Partnership at the redemption price plus any accrued and unpaid distributions payable upon such redemption. (iv) The deposit of funds sufficient with a bank or trust corporation for the purpose of redeeming Series B Preferred Units shall be irrevocable except that: (A) the Partnership shall be entitled to pay receive from such bank or trust corporation the applicable Redemption Price interest or other earnings, if any, earned on any money so deposited in trust, and will give irrevocable instructions the holders of any units redeemed shall have no claim to such interest or other earnings; and (B) any balance of monies so deposited by the Partnership and authority to pay such Redemption Price to unclaimed by the holders of the Series K B Preferred Units upon surrender of the Series K Preferred Units by such holders entitled thereto at the place designated in expiration of two years from the notice of redemption. On and after the date of redemptionapplicable redemption dates shall be repaid, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without together with any interest or other payment in respect of any such delay) except thatearnings thereon, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by to the Partnership, distributions on and after any such Series K Preferred Units will continue to accumulate from repayment, the original redemption date holders of the units entitled to the date of payment, in which case funds so repaid to the actual Partnership shall look only to the Partnership for payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Pricewithout interest or other earnings.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Gables Realty Limited Partnership), Limited Partnership Agreement (Gables Realty Limited Partnership), Limited Partnership Agreement (Gables Residential Trust)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders of record of the Series K C Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K C Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Redemption Price, (c3) the aggregate number of Series K C Preferred Units to be redeemed and if fewer than all of the outstanding Series K C Preferred Units are to be redeemed, the number of Series K C Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K C Preferred Units that the total number of Series K C Preferred Units held by such holder represents) of the aggregate number of Series K C Preferred Units to be redeemed, (d4) the place or places where such Series K C Preferred Units are to be surrendered for payment of the Redemption Price, (e5) that distributions on the Series K C Preferred Units to be redeemed will cease to accumulate on such redemption date and (f6) that payment of the Redemption Price will be made upon presentation and surrender of such Series K C Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K C Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K C Preferred Units upon surrender of the Series K C Preferred Units by such holders at the place designated in the notice of redemption. If the Series C Preferred Units are evidenced by a certificate and if fewer than all Series C Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series C Preferred Units, evidencing the unredeemed Series C Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K C Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K C Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Cabot Industrial Properties Lp), Limited Partnership Agreement (Cabot Industrial Properties Lp), Second Amended and Restated Agreement of Limited Partnership (Cabot Industrial Trust)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by Upon the Partnership’s provision of written notice as to the effective date of the redemption, accompanied by certified a check in the amount of the full Redemption Price through such effective date to which each record holder of Series A Preferred Units to be redeemed is entitled or, if the Series A Preferred Units to be redeemed are represented by certificates, the setting apart of such amount pursuant to Section 5(d)(iii) below, Series A Preferred Units shall be redeemed and shall no longer be deemed outstanding and all rights of the holders of such Series A Preferred Units will terminate. Such notice shall be given by first class mail, postage prepaidpre-paid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of each record holder of the Series K A Preferred Units to be redeemed at their the respective mailing addresses of such holders as they the same shall appear on the transfer records of the Partnership. No failure to give or defect in such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units except as to the holder to whom such notice was defective or not given. . (ii) In addition to any information required by lawlaw or by the applicable rules of any exchange upon which Series A Preferred Units may be listed or admitted to trading, each such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, ; (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (dC) the place or places where such the Series K A Preferred Units are to be surrendered (if so required in the notice) for payment of the Redemption Price, Price (eif not otherwise included with the notice); and (D) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate accrue on such redemption date date. If less than all of the Series A Preferred Units held by any holder are to be redeemed, the notice mailed to such holder shall also specify the number of Series A Preferred Units held by such holder to be redeemed. (iii) If notice of redemption of any Series A Preferred Units has been given and if the funds necessary for such redemption have been set apart by the Partnership for the benefit of the holders of any Series A Preferred Units so called for redemption, then, from and after the redemption date, distributions will cease to accrue on such Series A Preferred Units, such Series A Preferred Units shall no longer be deemed outstanding and all rights of the holders of such Series A Preferred Units will terminate, except the right to receive the Redemption Price therefor. If the Partnership shall so require and the notice of redemption shall so state, holders of Series A Preferred Units to be redeemed shall surrender the certificates representing such Series A Preferred Units, to the extent that such units are certificated, at the place designated in such notice and, upon surrender in accordance with said notice of the certificates representing Series A Preferred Units so redeemed (fproperly endorsed or assigned for transfer, if the Partnership shall so require and the notice shall so state), such Series A Preferred Units shall be redeemed by the Partnership at the Redemption Price. In case less than all of the Series A Preferred Units represented by any such certificate are redeemed, a new certificate or certificates shall be issued representing the unredeemed Series A Preferred Units without cost to the holder thereof. In the event that the Series A Preferred Units to be redeemed are uncertificated, such units shall be redeemed in accordance with the notice and no further action on the part of the holders of such Series A Preferred Units shall be required. (iv) that The deposit of funds with a bank or trust company for the purpose of redeeming Series A Preferred Units shall be irrevocable except that: (A) the Partnership shall be entitled to receive from such bank or trust company the interest or other earnings, if any, earned on any money so deposited in trust, and the holders of any Series A Preferred Units redeemed shall have no claim to such interest or other earnings; and (B) any balance of monies so deposited by the Partnership and unclaimed by the holders of the Series A Preferred Units entitled thereto at the expiration of two years from the applicable redemption dates shall be repaid, together with any interest or other earnings thereon, to the Partnership, and after any such repayment, the holders of the Series A Preferred Units entitled to the funds so repaid to the Partnership shall look only to the Partnership for payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Priceearnings.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Independence Realty Trust, Inc), Limited Partnership Agreement (Independence Realty Trust, Inc), Limited Partnership Agreement (Independence Realty Trust, Inc)

Procedures for Redemption. (iA) Notice of redemption will be (ix) faxed, faxed and (iiy) mailed by the Partnershipholders of Series B Preferred Units, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to Partnership so that notice is received by the respective holders of record of Partnership within the Series K Preferred Units at their respective addresses as they appear on periods set forth herein and in accordance with the records of the Partnershipprovisions hereof. No failure to give or defect in Each such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall stateshall: (a1) the redemption date, (b) the Redemption Price, (c) state the aggregate number of Series K B Preferred Units to be redeemed and if fewer than all of the outstanding Series K B Preferred Units are to be redeemed, the number of Series K B Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K B Preferred Units that the total number of Series K B Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K B Preferred Units to be redeemed will cease and (2) refer to accumulate on the specific subsection of this Section 17.5 pursuant to which such redemption date and (f) that payment of the Redemption Price will is being effected. Any such notice shall be made upon presentation and surrender of such Series K Preferred Unitsirrevocable. (iiB) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by By 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust with Boston Equiserve, its transfer agent (or any successor entity, provided such entity is a third party, unrelated to the Company and the Partnership) for the benefit of the Series K B Preferred Units being redeemed funds sufficient to pay the applicable Series B Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B Redemption Price to the holders of the Series K B Preferred Units upon surrender of the Series K B Preferred Units by such holders at the place designated in by the notice Partnership. If the Series B Preferred Units are evidenced by a certificate and if fewer than all Series B Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of redemptionthe certificate evidencing all Series B Preferred Units, evidencing the unredeemed Series B Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K B Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereofof the Series B Redemption Price. If any date fixed for redemption of Series K B Preferred Units is not a Business Day, then payment of the Series B Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K B Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series B Redemption Price.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Sun Communities Inc), Limited Partnership Agreement (Sun Communities Inc), Limited Partnership Agreement (Sun Communities Inc)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K C Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K C Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (ai) the redemption date, (bii) the Redemption Price, (ciii) the aggregate number of Series K C Preferred Units to be redeemed and if fewer than all of the outstanding Series K C Preferred Units are to be redeemed, the number of Series K C Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K C Preferred Units that the total number of Series K C Preferred Units held by such holder represents) of the aggregate number of Series K C Preferred Units to be redeemed, (div) the place or places where such Series K C Preferred Units are to be surrendered for payment of the Redemption Price, (ev) that distributions on the Series K C Preferred Units to be redeemed will cease to accumulate on such redemption date and (fvi) that payment of the Redemption Price will be made upon presentation and surrender of such Series K C Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K C Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K C Preferred Units upon surrender of the Series K C Preferred Units by such holders at the place designated in the notice of redemption. If the Series C Preferred Units are evidenced by a certificate and if fewer than all Series C Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series C Preferred Units, evidencing the unredeemed Series C Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K C Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K C Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Regency Realty Corp), Limited Partnership Agreement (Regency Centers Lp), Limited Partnership Agreement (Regency Centers Corp)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K H Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K H Preferred Units to be redeemed, ; (dD) the place or places where such the Series K H Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; (eE) that distributions on the Series K H Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series H Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K H Preferred UnitsUnits to be redeemed. (ii2) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K H Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series H Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units. (3) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series H Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series H Preferred Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but not including the redemption date) of the Series K H Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series H Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Digital Realty Trust, L.P.), Limited Partnership Agreement (Digital Realty Trust, L.P.), Limited Partnership Agreement (Digital Realty Trust, L.P.)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K E Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K E Preferred Units to be redeemed, ; (dD) the place or places where such the Series K E Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K E Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series E Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K E Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K E Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series E Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series E Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K E Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series E Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 3 contracts

Samples: Agreement of Limited Partnership (Kilroy Realty, L.P.), Agreement of Limited Partnership (Kilroy Realty Corp), Limited Partnership Agreement (Kilroy Realty Corp)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K C Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K C Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Series C Redemption Price, (c) the aggregate number of Series K C Preferred Units to be redeemed and if fewer than all of the outstanding Series K C Preferred Units are to be redeemed, the number of Series K C Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K C Preferred Units that the total number of Series K C Preferred Units held by such holder represents) of the aggregate number of Series K C Preferred Units to be redeemed, (d) the place or places where such Series K C Preferred Units are to be surrendered for payment of the Series C Redemption Price, (e) that distributions on the Series K C Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Series C Redemption Price will be made upon presentation and surrender of such Series K C Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K C Preferred Units being redeemed funds sufficient to pay the applicable Series C Redemption Price and will give irrevocable instructions and authority to pay such Series C Redemption Price to the holders of the Series K C Preferred Units upon surrender of the Series K C Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K C Preferred Units is not a Business Day, then payment of the Series C Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series C Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K C Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series C Redemption Price.

Appears in 3 contracts

Samples: Agreement of Limited Partnership (Amb Property Lp), Limited Partnership Agreement (Amb Property Lp), Agreement of Limited Partnership (Amb Property Corp)

Procedures for Redemption. The following provisions set forth the procedures for Redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K P Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K P Preferred Units to be redeemed, ; (dD) the place or places where such the Series K P Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K P Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series P Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K P Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K P Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series P Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series P Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K P Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series P Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 3 contracts

Samples: Agreement of Limited Partnership (Prologis, L.P.), Limited Partnership Agreement (Amb Property Lp), Agreement of Limited Partnership (Amb Property Corp)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K B Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K B Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (ai) the redemption date, (bii) the Redemption Price, (ciii) the aggregate number of Series K B Preferred Units to be redeemed and if fewer than all of the outstanding Series K B Preferred Units are to be redeemed, the number of Series K B Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K B Preferred Units that the total number of Series K B Preferred Units held by such holder represents) of the aggregate number of Series K B Preferred Units to be redeemed, (div) the place or places where such Series K B Preferred Units are to be surrendered for payment of the Redemption Price, (ev) that distributions on the Series K B Preferred Units to be redeemed will cease to accumulate on such redemption date and (fvi) that payment of the Redemption Price will be made upon presentation and surrender of such Series K B Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K B Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K B Preferred Units upon surrender of the Series K B Preferred Units by such holders at the place designated in the notice of redemption. If the Series B Preferred Units are evidenced by a certificate and if fewer than all Series B Preferred Units evidenced any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series B Preferred Units, evidencing the unredeemed Series B Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K B Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K B Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K B Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Regency Centers Lp), Limited Partnership Agreement (Regency Realty Corp), Limited Partnership Agreement (Regency Centers Corp)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders of record of the Series K E Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K E Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Series E Redemption Price, (c3) the aggregate number of Series K E Preferred Units to be redeemed and if fewer than all of the outstanding Series K E Preferred Units are to be redeemed, the number of Series K E Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K E Preferred Units that the total number of Series K E Preferred Units held by such holder represents) of the aggregate number of Series K E Preferred Units to be redeemed, (d4) the place or places where such Series K E Preferred Units are to be surrendered for payment of the Series E Redemption Price, (e5) that distributions on the Series K E Preferred Units to be redeemed will cease to accumulate on such redemption date and (f6) that payment of the Series E Redemption Price will be made upon presentation and surrender of such Series K E Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K E Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K E Preferred Units being redeemed funds sufficient to pay the applicable Series E Redemption Price and will give irrevocable instructions and authority to pay such Series E Redemption Price to the holders of the Series K E Preferred Units upon surrender of the Series K E Preferred Units by such holders at the place designated in the notice of redemption. If the Series E Preferred Units are evidenced by a certificate and if fewer than all Series E Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series E Preferred Units, evidencing the unredeemed Series F Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K E Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K E Preferred Units is not a Business Day, then payment of the Series E Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series E Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K E Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series E Redemption Price.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Cabot Industrial Properties Lp), Second Amended and Restated Agreement of Limited Partnership (Cabot Industrial Properties Lp), Limited Partnership Agreement (Cabot Industrial Properties Lp)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K J Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K J Preferred Units to be redeemed, ; (dD) the place or places where such the Series K J Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K J Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series J Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K J Preferred UnitsUnits to be redeemed. (ii2) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K J Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series J Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units. (3) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series J Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series J Preferred Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but not including the redemption date) of the Series K J Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series I Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 3 contracts

Samples: Agreement of Limited Partnership (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.), Limited Partnership Agreement (Digital Realty Trust, L.P.)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders of record of the Series K D Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K D Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Redemption Price, (c3) the aggregate number of Series K D Preferred Units to be redeemed and if fewer than all of the outstanding Series K D Preferred Units are to be redeemed, the number of Series K D Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K D Preferred Units that the total number of Series K D Preferred Units held by such holder represents) of the aggregate number of Series K D Preferred Units to be redeemed, (d4) the place or places where such Series K D Preferred Units are to be surrendered for payment of the Redemption Price, (e5) that distributions on the Series K D Preferred Units to be redeemed will cease to accumulate on such redemption date and (f6) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.D

Appears in 3 contracts

Samples: Limited Partnership Agreement (Cabot Industrial Properties Lp), Second Amended and Restated Agreement of Limited Partnership (Cabot Industrial Properties Lp), Limited Partnership Agreement (Cabot Industrial Properties Lp)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders of record of the Series K B Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K B Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Redemption Price, (c3) the aggregate number of Series K B Preferred Units to be redeemed and if fewer than all of the outstanding Series K B Preferred Units are to be redeemed, the number of Series K B Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K B Preferred Units that the total number of Series K B Preferred Units held by such holder represents) of the aggregate number of Series K B Preferred Units to be redeemed, (d4) the place or places where such Series K B Preferred Units are to be surrendered for payment of the Redemption Price, (e5) that distributions on the Series K B Preferred Units to be redeemed will cease to accumulate on such redemption date and (f6) that payment of the Redemption Price will be made upon presentation and surrender of such Series K B Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K B Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K B Preferred Units upon surrender of the Series K B Preferred Units by such holders at the place designated in the notice of redemption. If the Series B Preferred Units are evidenced by a certificate and if fewer than all Series B Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series B Preferred Units, evidencing the unredeemed Series B Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K B Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K B Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K B Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Cabot Industrial Properties Lp), Limited Partnership Agreement (Cabot Industrial Properties Lp), Agreement of Limited Partnership (Cabot Industrial Trust)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders Holders of record of the Series K A Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units except as to the holder Holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K A Preferred Units to be redeemed and if fewer than all of the outstanding Series K A Preferred Units are to be redeemed, the number of Series K A Preferred Units to be redeemed held by such holderHolder, which number shall equal such holder's Holder’s pro rata share (based on the percentage of the aggregate number of outstanding Series K A Preferred Units that the total number of Series K A Preferred Units held by such holder Holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, (d) the place or places where such Series K A Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K A Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K A Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders Holders of the Series K A Preferred Units upon surrender of the Series K A Preferred Units by such holders Holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K A Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K A Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K A Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Kilroy Realty, L.P.), Agreement of Limited Partnership (Kilroy Realty, L.P.), Agreement of Limited Partnership (Kilroy Realty, L.P.)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K B Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K B Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K B Preferred Units to be redeemed and if fewer than all of the outstanding Series K B Preferred Units are to be redeemed, the number of Series K B Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K B Preferred Units that the total number of Series K B Preferred Units held by such holder represents) of the aggregate number of Series K B Preferred Units to be redeemed, (d) the place or places where such Series K B Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K B Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K B Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.on

Appears in 2 contracts

Samples: Limited Partnership Agreement (Amb Property Lp), Limited Partnership Agreement (Amb Property Corp)

Procedures for Redemption. (ia) Notice of redemption will shall be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaidmailed, not less than 30 nor more than 60 days days, prior to the date fixed for redemption date, addressed set forth in such notice (the "Redemption Date") to the respective holders each holder of record of the Series K B Preferred Units at their respective addresses to be redeemed, notifying such holder of the Partnership's election to redeem such Series B Preferred Units. Such notice shall mailed to such holder's address as they appear the same appears on the records of the Partnership. No failure to give or defect in such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series K B Preferred Units except as to the holder to whom such notice was defective or not given. . (b) In addition to any information required by law, each such notice shall state: (a) the redemption date, (b1) the Redemption PriceDate, (c2) with respect to the Cash Redemption Right, the cash redemption price per Series B Preferred Unit and, with respect to the Class A Unit Redemption Right, the number of Class A Units to be issued with respect to each Series B Preferred Unit, (3) the aggregate number of Series K B Preferred Units to be redeemed and (and, if fewer than all of the outstanding Series K B Preferred Units are to be redeemedredeemed from such holder, the number of Series K B Preferred Units to be redeemed held by from such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed), (d4) the place or places where certificates for such Series K B Preferred Units are to be surrendered for payment of the redemption price in cash, with respect to the Cash Redemption PriceRight, and in certificates representing Class A Units, with respect to the Share Redemption Right, (e5) that distributions on the Series K B Preferred Units to be redeemed will cease to accumulate on such redemption date Redemption Date and (f6) that payment of the Redemption Price will be made date upon presentation and surrender of which the holder's conversion rights, if any, as to such Series K B Preferred UnitsUnits shall terminate. (iic) If On or after the Redemption Date, each holder of Series B Preferred Units to be redeemed shall present and surrender the certificates evidencing its Series B Preferred Units to the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemptionredemption and thereupon the redemption price (in cash or Class A Units, as applicable) of such Series B Preferred Units shall be paid to or on the order of the person whose name appears on such certificate evidencing Series B Preferred Units as the owner thereof and each surrendered certificate shall be canceled. On If fewer than all the Series B Preferred Units evidenced by any such surrendered certificate are to be redeemed, a new certificate shall be issued evidencing the unredeemed Series B Preferred Units. (d) From and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, Redemption Date (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day Series B Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the holders thereof, except the right to receive the redemption price thereof (including all accumulated and without any interest or other payment in respect unpaid distributions up to the Redemption Date), shall cease and terminate and such Series B Preferred Units shall not thereafter be transferred (except with the consent of any such delaythe General Partner) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business DayPartnership's books, in each case with the same force and effect as if made on such date fixed Series B Preferred Units shall not be deemed to be outstanding for redemptionany purpose whatsoever. If payment of the Redemption Price is improperly withheld or refused and not paid by At its election, the Partnership, distributions on such acting through its General Partner, prior to a Redemption Date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions) of the Series K B Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentholders thereof with a bank or trust company, in which case the actual redemption notice to holders of the Series B Preferred Units to be redeemed shall (i) state the date of such deposit, (ii) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (iii) require such holders to surrender the certificates evidencing such Series B Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the Redemption Date) against payment of calculating the applicable redemption price (including all accumulated and unpaid distributions to the Redemption PriceDate). At the close of business on a Redemption Date relating to the Partnership's Class A Unit Redemption Right, each holder of Series B Preferred Units to be so redeemed (unless the Trust defaults in the delivery of the Class A Units payable on such Redemption Date) shall be deemed to be the record holder of the number of Class A Units into which such Series B Preferred Units are to be so redeemed, regardless of whether such holder has surrendered the certificates evidencing the Series B Preferred Units. Any monies or Class A Units so deposited which remain unclaimed by the holders of the Series B Preferred Units at the end of two years after the Redemption Date shall be returned by such bank or trust company to the Trust.

Appears in 2 contracts

Samples: Amendment to Amended and Restated Agreement of Limited Partnership (Brandywine Realty Trust), Fifth Amendment to Amended and Restated Agreement of Limited Partnership (Brandywine Realty Trust)

Procedures for Redemption. (i) Notice of redemption will be (iA) ------------------------- faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders of record of the Series K H Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K H Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Redemption Price, (c3) the aggregate number of Series K H Preferred Units to be redeemed and if fewer than all of the outstanding Series K H Preferred Units are to be redeemed, the number of Series K H Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K H Preferred Units that the total number of Series K H Preferred Units held by such holder represents) of the aggregate number of Series K H Preferred Units to be redeemed, (d4) the place or places where such Series K H Preferred Units are to be surrendered for payment of the Redemption Price, (e5) that distributions on the Series K H Preferred Units to be redeemed will cease to accumulate on such redemption date and (f6) that payment of the Redemption Price will be made upon presentation and surrender of such Series K H Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 2 contracts

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

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor or more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K B Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings proceeding for the redemption of any Series K B Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Series B Redemption Price, (c3) the aggregate number of or Series K B Preferred Units to be redeemed and and, if fewer than all of the outstanding Series K B Preferred Units are to be redeemed, the number of Series K B Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage that such holder's number of Series B Preferred Units bears to the aggregate number of outstanding Series K B Preferred Units that the total number of Series K Preferred Units held by such holder representsUnits) of the aggregate number of Series K B Preferred Units to be redeemed, (d4) the place or places where such Series K B Preferred Units are to be surrendered for payment of the Series B Redemption Price, (e5) that distributions on the Series K B Preferred Units to be redeemed will cease to accumulate on such redemption date ate and (f6) that payment of the Series B Redemption Price will be made upon presentation and surrender of such Series K B Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K B Preferred Units being redeemed funds sufficient to pay the applicable Series B Redemption Price and will give irrevocable instructions and authority to pay such Series B Redemption Price to the holders of the Series K B Preferred Units upon surrender of the Series K B Preferred Units by such holders at the place designated in the notice of redemption. If the Series B Preferred Units are evidence by a certificate and if fewer than all Series B Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series B Preferred Units, evidencing the unredeemed Series B Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K B Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K B Preferred Units is not a Business Day, then payment of the Series B Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K B Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes purpose of calculating the applicable Series B Redemption Price.

Appears in 2 contracts

Samples: Second Amended and Restated Agreement of Limited Partnership (Price Development Co Lp), Second Amended and Restated Agreement of Limited Partnership (Jp Realty Inc)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K G Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (a) the redemption date, ; (b) the Redemption Price, (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K G Preferred Units to be redeemed, ; (c) the redemption price and whether or not accrued and unpaid distributions will be payable; (d) the place or places where such the Series K G Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; (e) the procedures that the General Partner must follow to surrender the certificates for redemption, including whether the certificates shall be properly endorsed or assigned for transfer; (f) that distributions on the Series K G Preferred Units to be redeemed will cease to accumulate on such redemption date date; and (fg) that payment whether such redemption is being made pursuant to Subparagraph F(1) or Subparagraph F(2) of Article FIRST of the Redemption Price will Series G Articles Supplementary. If less than all of the Series G Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K G Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K G Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions to but excluding the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If less than all the Units represented by any such certificate representing Series G Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price redemption price plus accrued and unpaid distributions, if any, payable on such date will be made upon redemption), all distributions on the next succeeding day that is a Business Day (Series G Preferred Units designated for redemption in such notice shall cease to accrue, such Series G Preferred Units shall no longer be deemed outstanding and without any interest or other payment in respect all rights of any such delay) the General Partner will terminate, except thatthe right to receive the redemption price plus accrued and unpaid distributions, if such Business Day falls in the next calendar yearany, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for payable upon redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but excluding the redemption date) of the Series K G Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (a) state the date of such deposit, (b) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (c) require the General Partner to surrender the certificates, if any, representing such Series G Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Kilroy Realty, L.P.), Agreement of Limited Partnership (Kilroy Realty, L.P.)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K J Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K J Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K J Preferred Units to be redeemed and if fewer than all of the outstanding Series K J Preferred Units are to be redeemed, the number of Series K J Preferred Units to be redeemed held by such holder, which number shall equal such holder's ’s pro rata share (based on the percentage of the aggregate number of outstanding Series K J Preferred Units that the total number of Series K J Preferred Units held by such holder represents) of the aggregate number of Series K J Preferred Units to be redeemed, (d) the place or places where such Series K J Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K J Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K J Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K J Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K J Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K J Preferred Units upon surrender of the Series K J Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K J Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K J Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K J Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Amb Property Lp), Limited Partnership Agreement (Amb Property Corp)

Procedures for Redemption. (i) 1. Notice of redemption will be (ia) faxed, and (iib) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K A Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (au) the redemption date, (bv) the Redemption Price, (cw) the aggregate number of Series K A Preferred Units to be redeemed and if fewer than all of the outstanding Series K A Preferred Units are to be redeemed, the number of Series K A Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K A Preferred Units that the total number of Series K A Preferred Units held by such holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, (dx) the place or places where such Series K A Preferred Units are to be surrendered for payment of the Redemption Price, (ey) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (fz) that payment of the Redemption Price will be made upon presentation and surrender of such Series K A Preferred Units. (ii) 2. If the Partnership gives a notice of redemption in respect of Series K A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K A Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K A Preferred Units upon surrender of the Series K A Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K A Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K A Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K A Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 2 contracts

Samples: Fourth Amendment to the Second Amended and Restated Agreement of Limited Partnership (Storage Usa Inc), Fourth Amendment to the Second Amended and Restated Agreement of Limited Partnership (Susa Partnership Lp)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K J Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K J Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K J Preferred Units to be redeemed and if fewer than all of the outstanding Series K J Preferred Units are to be redeemed, the number of Series K J Preferred Units to be redeemed held by such holder, which number shall equal such holder's ’s pro rata share (based on the percentage of the aggregate number of outstanding Series K J Preferred Units that the total number of Series K J Preferred Units held by such holder represents) of the aggregate number of Series K J Preferred Units to be redeemed, (d) the place or places where such Series K J Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K J Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K J Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Amb Property Corp), Limited Partnership Agreement (Amb Property Lp)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K H Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (a) the redemption date, ; (b) the Redemption Price, (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K H Preferred Units to be redeemed, ; (c) the redemption price and whether or not accrued and unpaid distributions will be payable; (d) the place or places where such the Series K H Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; (e) the procedures that the General Partner must follow to surrender the certificates for redemption, including whether the certificates shall be properly endorsed or assigned for transfer; (f) that distributions on the Series K H Preferred Units to be redeemed will cease to accumulate on such redemption date date; and (fg) that payment whether such redemption is being made pursuant to Subparagraph F(1) or Subparagraph F(2) of Article FIRST of the Redemption Price will Series H Articles Supplementary. If less than all of the Series H Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K H Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K H Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions to but excluding the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If less than all the Units represented by any such certificate representing Series H Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price redemption price plus accrued and unpaid distributions, if any, payable on such date will be made upon redemption), all distributions on the next succeeding day that is a Business Day (Series H Preferred Units designated for redemption in such notice shall cease to accrue, such Series H Preferred Units shall no longer be deemed outstanding and without any interest or other payment in respect all rights of any such delay) the General Partner will terminate, except thatthe right to receive the redemption price plus accrued and unpaid distributions, if such Business Day falls in the next calendar yearany, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for payable upon redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but excluding the redemption date) of the Series K H Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (a) state the date of such deposit, (b) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (c) require the General Partner to surrender the certificates, if any, representing such Series H Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Kilroy Realty, L.P.), Agreement of Limited Partnership (Kilroy Realty, L.P.)

Procedures for Redemption. The following provisions set forth the procedures for Redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K L Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K L Preferred Units to be redeemed, ; (dD) the place or places where such the Series K L Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K L Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series L Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K L Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K L Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series L Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. 106 (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series L Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K L Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series L Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Amb Property Corp), Agreement of Limited Partnership (Amb Property Lp)

Procedures for Redemption. (ia) Notice Upon the Company’s provision of redemption will written notice as to the effective date of the redemption, accompanied by a check (whether to each record holder or the Paying Agent) in the amount of the full Redemption Price through such effective date to which each record holder of Class A Preferred Units is entitled, the Class A Preferred Units shall be (i) faxed, redeemed and (ii) mailed shall no longer be deemed outstanding by the Partnership, Company and all rights of the holders of such Class A Preferred Units will terminate. Such notice shall be given by certified first class mail, postage prepaidpre-paid, not less than 30 nor more than 60 days prior to the redemption date, addressed Paying Agent or to the respective holders of each record holder of the Series K Class A Preferred Units at their the respective mailing addresses of such holders as they the same shall appear on in the records of the PartnershipCompany or to such designee of such record holder at such address as such record holder shall have designated in writing to the Company. No failure to give or defect in such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series K Class A Preferred Units except as to the holder (or such holder’s designee) to whom such notice was defective or not given. . (b) In addition to any information required by law, each such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, ; (cC) the aggregate number of Series K Class A Preferred Units to be redeemed; and (D) that distributions on the units to be redeemed and if fewer will cease to accrue on such redemption date. If less than all of the outstanding Series K Class A Preferred Units held by any holder are to be redeemed, the notice mailed to such holder shall also specify the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Class A Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, . (c) If notice of redemption of any Class A Preferred Units has been given and if the funds necessary for such redemption have been deposited by the Company in accordance with clause (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K holders of any Class A Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price so called for redemption and will give with irrevocable instructions and authority to pay such Redemption Price amounts to the holders of the Series K Class A Preferred Units upon surrender of the Series K Class A Preferred Units by such holders at the place designated in the notice of redemption. On , then, from and after the date of redemptionredemption date, distributions will cease to accumulate accrue on such Class A Preferred Units, such Class A Preferred Units shall no longer be deemed outstanding and all rights of the holders of such units will terminate, except the right to receive the Redemption Price. Since the Class A Preferred Units are uncertificated, such units shall be redeemed in accordance with the notice and no further action on the Series K part of the holders of such units shall be required. (d) The deposit of funds with a bank or trust corporation for the purpose of redeeming the Class A Preferred Units shall be irrevocable except that: (i) the Company shall be entitled to receive from such bank or portions thereof called for redemptiontrust corporation the interest or other earnings, unless if any, earned on any money so deposited in trust, and the Partnership defaults in holders of any units redeemed shall have no claim to such interest or other earnings; and (ii) any balance of monies so deposited by the payment thereof. If any date fixed for redemption Company and unclaimed by the holders of Series K the Class A Preferred Units is not a Business Dayentitled thereto at the expiration of two years from the applicable redemption dates shall be repaid, then together with any interest or other earnings thereon, to the Company, and after any such repayment, the holders of the units entitled to the funds so repaid to the Company shall look only to the Company for payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Priceearnings.

Appears in 2 contracts

Samples: Limited Partnership Agreement (CatchMark Timber Trust, Inc.), Limited Partnership Agreement (CatchMark Timber Trust, Inc.)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K J Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K J Preferred Units to be redeemed, ; (dD) the place or places where such the Series K J Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K J Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series J Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K J Preferred UnitsUnits to be redeemed. (ii2) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K J Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series J Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units. (3) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series J Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series J Preferred Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but not including the redemption date) of the Series K J Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series J Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, L.P.)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K E Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K E Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (ai) the redemption date, (bii) the Redemption Price, (ciii) the aggregate number of Series K E Preferred Units to be redeemed and if fewer than all of the outstanding Series K E Preferred Units are to be redeemed, the number of Series K E Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K E Preferred Units that the total number of Series K E Preferred Units held by such holder represents) of the aggregate number of Series K E Preferred Units to be redeemed, (div) the place or places where such Series K E Preferred Units are to be surrendered for payment of the Redemption Price, (ev) that distributions on the Series K E Preferred Units to be redeemed will cease to accumulate on such redemption date and (fvi) that payment of the Redemption Price will be made upon presentation and surrender of such Series K E Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K E Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K E Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K E Preferred Units upon surrender of the Series K E Preferred Units by such holders at the place designated in the notice of redemption. If the Series E Preferred Units are evidenced by a certificate and if fewer than all Series E Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series E Preferred Units, evidencing the unredeemed Series E Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K E Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K E Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K E Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Regency Centers Lp), Limited Partnership Agreement (Regency Centers Corp)

Procedures for Redemption. The following provisions set forth the procedures for Redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K L Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K L Preferred Units to be redeemed, ; (dD) the place or places where such the Series K L Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K L Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series L Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K L Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K L Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and 105 thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series L Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series L Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K L Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series L Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Amb Property Lp), Agreement of Limited Partnership (Amb Property Corp)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders of record of the Series K F Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K F Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Redemption Price, (c3) the aggregate number of Series K F Preferred Units to be redeemed and if fewer than all of the outstanding Series K F Preferred Units are to be redeemed, the number of Series K F Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K F Preferred Units that the total number of Series K F Preferred Units held by such holder represents) of the aggregate number of Series K F Preferred Units to be redeemed, (d4) the place or places where such Series K F Preferred Units are to be surrendered for payment of the Redemption Price, (e5) that distributions on the Series K F Preferred Units to be redeemed will cease to accumulate on such redemption date and (f6) that payment of the Redemption Price will be made upon presentation and surrender of such Series K F Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 2 contracts

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

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K A Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, ; (dD) the place or places where such the Series K A Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series A Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K A Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K A Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series A Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series A Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Series A Preferred Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K A Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series A Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 2 contracts

Samples: Limited Partnership Agreement (MPG Office Trust, Inc.), Limited Partnership Agreement (Maguire Properties Inc)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K F Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K F Preferred Units to be redeemed, ; (dD) the place or places where such the Series K F Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K F Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series F Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K F Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K F Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series F Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series F Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K F Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Kilroy Realty, L.P.), Fifth Amended and Restated Agreement of Limited Partnership (Kilroy Realty Corp)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders of record of holding the Series K B Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K B Preferred Units except as to the any holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (am) the redemption date, (bn) the Redemption Price, (co) the aggregate number of Series K B Preferred Units to be redeemed and and, if fewer than all of the outstanding Series K B Preferred Units are to be redeemed, the number of Series K B Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K B Preferred Units that the total number of Series K B Preferred Units held by such holder represents) of the aggregate number of Series K B Preferred Units to be redeemed, (dp) the place or places where such Series K B Preferred Units are to be surrendered for payment of the Redemption Price, (eq) that distributions on the Series K B Preferred Units to be redeemed will cease to accumulate on such redemption date and (fr) that payment of the Redemption Price will be made upon presentation and surrender of such Series K B Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K B Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K B Preferred Units upon surrender of the Series K B Preferred Units by such holders at the place designated in the notice of redemption. If the Series B Preferred Units are evidenced by a certificate and if fewer than all Series B Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all such Series B Preferred Units, evidencing the unredeemed Series B Preferred Units, without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K B Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereofor deposit, in accordance with the foregoing, of the Redemption Price. If any date fixed for redemption of Series K B Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day Bay (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K B Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Summit Properties Partnership L P), Agreement of Limited Partnership (Summit Properties Partnership L P)

Procedures for Redemption. The following provisions set forth the procedures for Redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K M Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K M Preferred Units to be redeemed, ; (dD) the place or places where such the Series K M Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K M Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series M Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K M Preferred Units.Units to be redeemed. 110 (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K M Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series M Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series M Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K M Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series M Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Amb Property Corp), Agreement of Limited Partnership (Amb Property Lp)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K C Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K C Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Series C Redemption Price, (c) the aggregate number of Series K C Preferred Units to be redeemed and if fewer than all of the outstanding Series K C Preferred Units are to be redeemed, the number of Series K C Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K C Preferred Units that the total number of Series K C Preferred Units held by such holder represents) of the aggregate number of Series K C Preferred Units to be redeemed, (d) the place or places where such Series K C Preferred Units are to be surrendered for payment of the Series C Redemption Price, (e) that distributions on the Series K C Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Series C Redemption Price will be made upon presentation and surrender of such Series K C Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K C Preferred Units being redeemed funds sufficient to pay the applicable Series C Redemption Price and will give irrevocable instructions and authority to pay such Series C Redemption Price to the holders of the Series K C Preferred Units upon surrender of the Series K C Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.portions

Appears in 2 contracts

Samples: Limited Partnership Agreement (Amb Property Corp), Limited Partnership Agreement (Amb Property Lp)

Procedures for Redemption. The following provisions set forth the procedures for Redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K A Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, ; (dD) the place or places where such the Series K A Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series A Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K A Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K A Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series A Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series A Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K A Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner 76 shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series A Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Amb Property Corp), Agreement of Limited Partnership (Amb Property Lp)

Procedures for Redemption. The following provisions set forth the procedures for Redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K L Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K L Preferred Units to be redeemed, ; (dD) the place or places where such the Series K L Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K L Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series L Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K L Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K L Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series L Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. 110 (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series L Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K L Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series L Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Amb Property Corp), Agreement of Limited Partnership (Amb Property Lp)

Procedures for Redemption. (i) Notice of redemption will be (iA) ------------------------- faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders of record of the Series K G Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K G Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Redemption Price, (c3) the aggregate number of Series K G Preferred Units to be redeemed and if fewer than all of the outstanding Series K G Preferred Units are to be redeemed, the number of Series K G Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K G Preferred Units that the total number of Series K G Preferred Units held by such holder represents) of the aggregate number of Series K G Preferred Units to be redeemed, (d4) the place or places where such Series K G Preferred Units are to be surrendered for payment of the Redemption Price, (e5) that distributions on the Series K G Preferred Units to be redeemed will cease to accumulate on such redemption date and (f6) that payment of the Redemption Price will be made upon presentation and surrender of such Series K G Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 2 contracts

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

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.. 101

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Amb Property Lp), Agreement of Limited Partnership (Amb Property Corp)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by Upon the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior ’s provision of notice as to the redemption dateRedemption Date, addressed accompanied by payment in the amount of the full Redemption Price, plus a Redemption Premium, if any, through such effective date to which each record holder of the respective Class Twelve Partnership Preferred Units is entitled, the Class Twelve Partnership Preferred Units shall be redeemed and shall no longer be deemed outstanding Partnership Units and all rights of the holders of record of the Series K Class Twelve Partnership Preferred Units at their respective addresses as they appear on the records of the Partnershipwill terminate. No failure to give or defect in such notice or any defect therein or in the sending thereof shall affect the validity of the proceedings for the redemption of any Series K of the Class Twelve Partnership Preferred Units except as to the holder to whom such notice was defective or not given. . (ii) In addition to any information required by lawlaw or by the applicable rules of any exchange upon which the Class Twelve Partnership Preferred Units may be listed or admitted to trading, each such notice shall state: (aA) the redemption date, Redemption Date; (bB) the Redemption Price, ; (cC) the aggregate number of Series K Preferred Units to be redeemed and Redemption Premium, if fewer than all of the outstanding Series K Preferred Units are to be redeemed, any; (D) the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Class Twelve Partnership Preferred Units to be redeemed, ; and (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (eE) that distributions on the Series K Class Twelve Partnership Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment Redemption Date. If less than all of the Redemption Price will Class Twelve Partnership Preferred Units held by any holder are to be made upon presentation and surrender redeemed, the notice sent to such holder shall also specify the number of Class Twelve Partnership Preferred Units held by such Series K Preferred Unitsholder to be redeemed. (iiiii) If the Partnership gives a notice of redemption in respect of Series K any of the Class Twelve Partnership Preferred Units (which notice will be irrevocable) then, has been given and if the funds necessary for such redemption have been set aside by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K holders of any of the Class Twelve Partnership Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of so called for redemption. On , then, from and after the date of redemptionRedemption Date, distributions will cease to accumulate on the Series K such Class Twelve Partnership Preferred Units, such Class Twelve Partnership Preferred Units shall no longer be deemed outstanding and all rights of the holders of such Class Twelve Partnership Preferred Units will terminate, except the right to receive the Redemption Price, and the Redemption Premium, if any. (iv) The deposit of funds with a bank or portions thereof called trust company for redemptionthe purpose of redeeming the Class Twelve Partnership Preferred Units shall be irrevocable except that: (A) The Partnership shall be entitled to receive from such bank or trust company the interest or other earnings, unless if any, earned on any money so deposited in trust, and the holders of any Class Twelve Partnership Preferred Units redeemed shall have no claim to such interest or other earnings; and (B) Any balance of money so deposited by the Partnership defaults in and unclaimed by the payment thereof. If any date fixed for redemption holders of Series K the Class Twelve Partnership Preferred Units is not a Business Dayentitled thereto at the expiration of two years from the applicable Redemption Date shall be repaid, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without together with any interest or other payment in respect of any such delay) except thatearnings thereon, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by to the Partnership, distributions on and after any such Series K repayment, the holders of the Class Twelve Partnership Preferred Units will continue to accumulate from the original redemption date entitled to the date of payment, in which case funds so repaid to the actual Partnership shall look only to the Partnership for payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Pricewithout interest or other earnings.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Aimco Properties L.P.), Limited Partnership Agreement (Apartment Income REIT, L.P.)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by Upon the Partnership’s provision of written notice as to the effective date of the redemption, accompanied by certified a check in the amount of the full Redemption Price through such effective date to which each record holder of Series B Preferred Units to be redeemed is entitled or, if the Series B Preferred Units to be redeemed are represented by certificates, the setting apart of such amount pursuant to Section 5(e)(iii) below, Series B Preferred Units shall be redeemed and shall no longer be deemed outstanding and all rights of the holders of such Series B Preferred Units will terminate. Such notice shall be given by first class mail, postage prepaidpre-paid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of each record holder of the Series K B Preferred Units to be redeemed at their the respective mailing addresses of such holders as they the same shall appear on the transfer records of the Partnership. No failure to give or defect in such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series K B Preferred Units except as to the holder to whom such notice was defective or not given. . (ii) In addition to any information required by lawlaw or by the applicable rules of any exchange upon which Series B Preferred Units may be listed or admitted to trading, each such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, ; (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (dC) the place or places where such the Series K B Preferred Units are to be surrendered (if so required in the notice) for payment of the Redemption Price, Price (eif not otherwise included with the notice); and (D) that distributions on the Series K B Preferred Units to be redeemed will cease to accumulate accrue on such redemption date date. If less than all of the Series B Preferred Units held by any holder are to be redeemed, the notice mailed to such holder shall also specify the number of Series B Preferred Units held by such holder to be redeemed. (iii) If notice of redemption of any Series B Preferred Units has been given and if the funds necessary for such redemption have been set apart by the Partnership for the benefit of the holders of any Series B Preferred Units so called for redemption, then, from and after the redemption date, distributions will cease to accrue on such Series B Preferred Units, such Series B Preferred Units shall no longer be deemed outstanding and all rights of the holders of such Series B Preferred Units will terminate, except the right to receive the Redemption Price therefor. If the Partnership shall so require and the notice of redemption shall so state, holders of Series B Preferred Units to be redeemed shall surrender the certificates representing such Series B Preferred Units, to the extent that such units are certificated, at the place designated in such notice and, upon surrender in accordance with said notice of the certificates representing Series B Preferred Units so redeemed (fproperly endorsed or assigned for transfer, if the Partnership shall so require and the notice shall so state), such Series B Preferred Units shall be redeemed by the Partnership at the Redemption Price. In case less than all of the Series B Preferred Units represented by any such certificate are redeemed, a new certificate or certificates shall be issued representing the unredeemed Series B Preferred Units without cost to the holder thereof. In the event that the Series B Preferred Units to be redeemed are uncertificated, such units shall be redeemed in accordance with the notice and no further action on the part of the holders of such Series B Preferred Units shall be required. (iv) that The deposit of funds with a bank or trust company for the purpose of redeeming Series B Preferred Units shall be irrevocable except that: (A) the Partnership shall be entitled to receive from such bank or trust company the interest or other earnings, if any, earned on any money so deposited in trust, and the holders of any Series B Preferred Units redeemed shall have no claim to such interest or other earnings; and (B) any balance of monies so deposited by the Partnership and unclaimed by the holders of the Series B Preferred Units entitled thereto at the expiration of two years from the applicable redemption dates shall be repaid, together with any interest or other earnings thereon, to the Partnership, and after any such repayment, the holders of the Series B Preferred Units entitled to the funds so repaid to the Partnership shall look only to the Partnership for payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Priceearnings.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Independence Realty Trust, Inc), Third Amended and Restated Agreement of Limited Partnership (Independence Realty Trust, Inc)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders of record of the Series K Preferred F Preference Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred F Preference Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Redemption Price, (c3) the aggregate number of Series K Preferred F Preference Units to be redeemed and if fewer than all of the outstanding Series K Preferred F Preference Units are to be redeemed, the number of Series K Preferred F Preference Units to be redeemed held by such holder, which number shall equal such holder's ’s pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred F Preference Units that the total number of Series K Preferred F Preference Units held by such holder represents) of the aggregate number of Series K Preferred F Preference Units to be redeemed, (d4) the place or places where such the Series K Preferred F Preference Units are to be surrendered for payment of the Redemption Price, (e5) that distributions on the Series K Preferred F Preference Units to be redeemed will cease to accumulate on such redemption date and (f6) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred F Preference Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred F Preference Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred F Preference Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred F Preference Units upon surrender of the Series K Preferred F Preference Units by such holders at the place designated in the notice of redemption. If the Series F Preference Units are evidenced by a certificate and if fewer than all Series F Preference Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series F Preference Units, evidencing the unredeemed Series F Preference Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred F Preference Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred F Preference Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and otherwise not paid by the Partnership, distributions on such Series K Preferred F Preference Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: 7.95% Series F Cumulative Redeemable Perpetual Preference Units Term Sheet (Equity Lifestyle Properties Inc)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders Holders of record of the Series K D Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K D Preferred Units except as to the holder Holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Series D Redemption Price, (c3) the aggregate number of Series K D Preferred Units to be redeemed and if fewer than all of the outstanding Series K D Preferred Units are to be redeemed, the number of Series K D Preferred Units to be redeemed held by such holderHolder, which number shall equal such holderHolder's pro rata share (based on the percentage of the aggregate number of outstanding Series K D Preferred Units that the total number of Series K D Preferred Units held by such holder Holder represents) of the aggregate number of Series K D Preferred Units to be redeemed, (d4) the place or places where such the Series K D Preferred Units are to be surrendered for payment of the Series D Redemption Price, (e5) that distributions on the Series K D Preferred Units to be redeemed will cease to accumulate on such redemption date and (f6) that payment of the Series D Redemption Price will be made upon presentation and surrender of such Series K D Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K D Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K D Preferred Units being redeemed funds sufficient to pay the applicable Series D Redemption Price and will give irrevocable instructions and authority to pay such Series D Redemption Price to the holders Holders of the Series K D Preferred Units upon surrender of the Series K D Preferred Units by such holders Holders at the place designated in the notice of redemption. If the Series D Preferred Units are evidenced by a certificate and if fewer than all Series D Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series D Preferred Units, evidencing the unredeemed Series D Preferred Units without cost to the Holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K D Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K D Preferred Units is not a Business Day, then payment of the Series D Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series D Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K D Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series D Redemption Price.

Appears in 1 contract

Samples: Fourth Amended and Restated Agreement of Limited Partnership (Kilroy Realty Corp)

Procedures for Redemption. (i) Notice of redemption will be (ia) faxed, and (iib) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K C Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K C Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (am) the redemption date, (bn) the Series C Redemption Price, (co) the aggregate number of Series K C Preferred Units to be redeemed and if fewer than all of the outstanding Series K C Preferred Units are to be redeemed, the number of Series K C Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K C Preferred Units that the total number of Series K C Preferred Units held by such holder represents) of the aggregate number of Series K C Preferred Units to be redeemed, (dp) the place or places where such Series K C Preferred Units are to be surrendered for payment of the Series C Redemption Price, (eq) that distributions on the Series K C Preferred Units to be redeemed will cease to accumulate on such redemption date and (fr) that payment of the Series C Redemption Price will be made upon presentation and surrender of such Series K C Preferred UnitsUnits and execution and delivery by the holder of Series C Preferred Units of an assignment of Partnership Interest pursuant to which such holder shall assign the Series C Preferred Units to the Partnership, shall represent and warrant that such Series C Preferred Units are unencumbered and not subject to any lien and that such holder has good title to such Series C Preferred Units and that such holder has requisite authority to assign the Series C Preferred Units to the Partnership pursuant to such assignment of Partnership Interest and shall provide such additional representations and warranties and assurances (including opinions of counsel) as shall be reasonably requested by the Partnership; provided that no Series C Preferred Units shall be redeemed by the Partnership unless and until the holder thereof shall have satisfied all of the conditions to such redemption (including, without limitation, the delivery of the foregoing assignment and further assurances). (ii) If the Partnership gives a notice of redemption in respect of Series K C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K C Preferred Units being redeemed funds sufficient to pay the applicable Series C Redemption Price and will give irrevocable instructions and authority to pay such Series C Redemption Price to the holders of the Series K C Preferred Units upon surrender of the Series K C Preferred Units by such holders at the place designated in the notice of redemption, the delivery by such holders of the opinions of counsel and future assurances further described in Section 17.6.C(i) hereof, and the execution and delivery by such holders of an assignment as further described in Section 17.6.C(i) hereof. If the Series C Preferred Units are evidenced by a certificate and if fewer than all Series C Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series C Preferred Units, evidencing the unredeemed Series C Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K C Preferred Units is not a Business Day, then payment of the Series C Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series C Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K C Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series C Redemption Price.

Appears in 1 contract

Samples: Second Amendment to Third Amended and Restated Agreement of Limited Partnership (Camden Property Trust)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its REIT Series K E Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K E Preferred Units to be redeemed, ; (dD) the place or places where such the Series K E Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; (eE) that distributions on the Series K E Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series E Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K E Preferred UnitsUnits to be redeemed. (ii2) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K E Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series E Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units. (3) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series E Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series E Preferred Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but not including the redemption date) of the Series K E Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series E Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Digital Realty Trust, L.P.)

Procedures for Redemption. (i) Notice Upon the Fund’s provision of redemption written notice as to the effective date of the redemption, accompanied by a check in the amount of the full Redemption Price through such effective date to which each record holder of Preferred Units is entitled, the Preferred Units shall be redeemed and shall no longer be deemed outstanding the Fund and all rights of the holders of such units will terminate. Such notice shall be (i) faxed, and (ii) mailed given by the Partnership, by certified first class mail, postage prepaidpre-paid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of each record holder of the Series K Preferred Units at their the respective mailing addresses of such holders as they the same shall appear on in the records of the PartnershipFund. No failure to give or defect in such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, ; (cC) the aggregate number of Series K Preferred Units to be redeemed; and (D) that distributions on the units to be redeemed and if fewer will cease to accrue on such redemption date. If less than all of the outstanding Series K Preferred Units held by any holder are to be redeemed, the notice mailed to such holder shall also specify the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed. If notice of redemption of any Preferred Units has been given and if the funds necessary for such redemption have been set aside by the Fund for the benefit of the holders of any Preferred Units so called for redemption, (d) then, from and after the place or places where redemption date, distributions will cease to accrue on such Series K Preferred Units, such Preferred Units shall no longer be deemed outstanding and all rights of the holders of such units will terminate, except the right to receive the Redemption Price. Since the Preferred Units are uncertificated, such units shall be redeemed in accordance with the notice and no further action on the part of the holders of such units shall be required. The deposit of funds with a bank or trust corporation for the purpose of redeeming the Preferred Units shall be irrevocable except that: the Fund shall be entitled to receive from such bank or trust corporation the interest or other earnings, if any, earned on any money so deposited in trust, and the holders of any units redeemed shall have no claim to such interest or other earnings; and any balance of monies so deposited by the Fund and unclaimed by the holders of the Preferred Units entitled thereto at the expiration of two years from the applicable redemption dates shall be surrendered repaid, together with any interest or other earnings thereon, to the Fund, and after any such repayment, the holders of the units entitled to the funds so repaid to the Fund shall look only to the Fund for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Priceearnings.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Partners Group Private Real Estate (Master), LLC)

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Procedures for Redemption. (i) Notice of any redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mailTrust, postage prepaid, not less than 30 nor more than 60 days prior to the redemption dateSeries A Redemption Date, addressed to the respective holders of record of the Series K A Preferred Units Shares to be redeemed at their respective addresses as they appear on the share transfer records of the PartnershipTrust. No failure to give or defect in such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units Shares except as to the holder to whom such the Trust has failed to give notice or except as to the holder to whom notice was defective or not givendefective. In addition to any information required by lawlaw or by the applicable rules of any exchange upon which Series A Preferred Shares may be listed or admitted to trading, each such notice shall state: (a) the redemption date, Series A Redemption Date; (b) the Series A Redemption Price, ; (c) the aggregate number of Series K A Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are Shares to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, ; (d) the place or places where certificates for such Series K Preferred Units shares are to be surrendered for payment of the Series A Redemption Price, ; (e) that distributions dividends on the Series K Preferred Units shares to be redeemed will cease to accumulate on such redemption date the Series A Redemption Date; and (f) that payment of the Redemption Price will date on which conversion rights shall expire, the conversion price and the place or places where certificates for such shares are to be made upon presentation and surrender of such Series K Preferred Unitssurrendered for conversion. (ii) If notice has been mailed in accordance with subparagraph (5)(B)(i) above and provided that on or before the Partnership gives a Series A Redemption Date specified in such notice of all funds necessary for such redemption in respect of Series K Preferred Units (which notice will be irrevocable) thenshall have been irrevocably set aside by the Trust, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably separate and apart from its other funds in trust for the pro rata benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K A Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof Shares so called for redemption, unless so as to be, and to continue to be available therefor, then, from and after the Partnership defaults in Series A Redemption Date, dividends on the payment thereof. If any date fixed Series A Preferred Shares so called for redemption shall cease to accumulate, and said shares shall no longer be deemed to be outstanding and shall not have the status of Series K A Preferred Units is not a Business Day, then payment Shares and all rights of the holders thereof as shareholders of the Trust (except the right to receive the Series A Redemption Price payable on Price) shall cease. Upon surrender, in accordance with said notice, of the certificates for any Series A Preferred Shares so redeemed (properly endorsed or assigned for transfer, if the Trust shall so require and the notice shall so state), such date will Series A Preferred Shares shall be made on redeemed by the next succeeding day that is a Business Day (and without any interest or other payment in respect of Trust at the Series A Redemption Price. In case fewer than all the Series A Preferred Shares represented by any such delaycertificate are redeemed, a new certificate or certificates shall be issued representing the unredeemed Series A Preferred Shares without cost to the holder thereof. (iii) Any funds deposited with a bank or trust company for the purpose of redeeming Series A Preferred Shares shall be irrevocable except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.:

Appears in 1 contract

Samples: Merger Agreement (Equity Residential Properties Trust)

Procedures for Redemption. The following provisions set forth the procedures for Redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K Q Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Q Preferred Units to be redeemed, ; (dD) the place or places where such the Series K Q Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K Q Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series Q Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K Q Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K Q Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series Q Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series Q Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K Q Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series Q Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Prologis, L.P.)

Procedures for Redemption. (i) Notice Upon the Company’s provision of redemption written notice as to the effective date of the redemption, accompanied by a check in the amount of the full Redemption Price through such effective date to which each record holder of Preferred Units is entitled, the Preferred Units shall be redeemed and shall no longer be deemed outstanding the Company and all rights of the holders of such units will terminate. Such notice shall be (i) faxed, and (ii) mailed given by the Partnership, by certified first class mail, postage prepaidpre-paid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of each record holder of the Series K Preferred Units at their the respective mailing addresses of such holders as they the same shall appear on in the records of the PartnershipCompany. No failure to give or defect in such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. . (ii) In addition to any information required by law, each such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, ; (cC) the aggregate number of Series K Preferred Units to be redeemed; and (D) that distributions on the units to be redeemed and if fewer will cease to accrue on such redemption date. If less than all of the outstanding Series K Preferred Units held by any holder are to be redeemed, the notice mailed to such holder shall also specify the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed. (iii) If notice of redemption of any Preferred Units has been given and if the funds necessary for such redemption have been set aside by the Company for the benefit of the holders of any Preferred Units so called for redemption, (d) then, from and after the place or places where redemption date, distributions will cease to accrue on such Series K Preferred Units, such Preferred Units shall no longer be deemed outstanding and all rights of the holders of such units will terminate, except the right to receive the Redemption Price. Since the Preferred Units are uncertificated, such units shall be redeemed in accordance with the notice and no further action on the part of the holders of such units shall be required. (iv) The deposit of funds with a bank or trust corporation for the purpose of redeeming the Preferred Units shall be irrevocable except that: (A) the Company shall be entitled to receive from such bank or trust corporation the interest or other earnings, if any, earned on any money so deposited in trust, and the holders of any units redeemed shall have no claim to such interest or other earnings; and (B) any balance of monies so deposited by the Company and unclaimed by the holders of the Preferred Units entitled thereto at the expiration of two years from the applicable redemption dates shall be surrendered repaid, together with any interest or other earnings thereon, to the Company, and after any such repayment, the holders of the units entitled to the funds so repaid to the Company shall look only to the Company for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Priceearnings.

Appears in 1 contract

Samples: Limited Partnership Agreement (Inland Real Estate Corp)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders of record of the Series K H Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice or in the transmission thereof shall affect the validity of the proceedings for the redemption of any Series K H Preferred Units except as to the holder to whom such notice was defective or not givengiven or received. In addition to any information required by law, each such notice shall state: (a1) the redemption date, ; (b2) the Redemption Price, ; (c3) the aggregate number of Series K H Preferred Units to be redeemed and if fewer than all of the outstanding Series K H Preferred Units are to be redeemed, the number of Series K H Preferred Units to be redeemed held by such holder, which number shall equal such holder's ’s pro rata share (based on the percentage of the aggregate number of outstanding Series K H Preferred Units that the total number of Series K H Preferred Units held by such holder represents) of the aggregate number of Series K H Preferred Units to be redeemed, ; (d4) the place or places where such the Series K H Preferred Units are to be surrendered for payment of the Redemption Price, ; (e5) that distributions on the Series K H Preferred Units to be redeemed will cease to accumulate on such redemption date date; and (f6) that payment of the Redemption Price will be made upon presentation and surrender of such Series K H Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K H Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K H Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K H Preferred Units upon surrender of the Series K H Preferred Units by such holders at the place designated in the notice of redemption. If the Series H Preferred Units are evidenced by a certificate and if fewer than all Series H Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued, upon surrender of the certificate evidencing all Series H Preferred Units, evidencing the unredeemed Series H Preferred Units without cost to the holder thereof. On and after the date of such redemption, distributions will cease to accumulate on the Series K H Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K H Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K H Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Liberty Property Limited Partnership)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K C Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K C Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (am) the redemption date, (bn) the Redemption Price, (co) the aggregate number of Series K C Preferred Units to be redeemed and if fewer than all of the outstanding Series K C Preferred Units are to be redeemed, the number of Series K C Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K C Preferred Units that the total number of Series K C Preferred Units held by such holder represents) of the aggregate number of Series K C Preferred Units to be redeemed, (dp) the place or places where such Series K C Preferred Units are to be surrendered for payment of the Redemption Price, (eq) that distributions on the Series K C Preferred Units to be redeemed will cease to accumulate on such redemption date and (fr) that payment of the Redemption Price will be made upon presentation and surrender of such Series K C Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K C Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K C Preferred Units upon surrender of the Series K C Preferred Units by such holders at the place designated in the notice of redemption. If the Series C Preferred Units are evidenced by a certificate and if fewer than all Series C Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series C Preferred Units, evidencing the unredeemed Series C Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K C Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day Bay (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K C Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Amendment to Second Restated Agreement of Limited Partnership (Heritage Property Investment Trust Inc)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders Holders of record of the Series K A Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units except as to the holder Holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K A Preferred Units to be redeemed and if fewer than all of the outstanding Series K A Preferred Units are to be redeemed, the number of Series K A Preferred Units to be redeemed held by such holderHolder, which number shall equal such holder's Holder’s pro rata share (based on the percentage of the aggregate number of outstanding Series K A Preferred Units that the total number of Series K A Preferred Units held by such holder Holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, (d) the place or places where such Series K A Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.and

Appears in 1 contract

Samples: Limited Partnership Agreement (Kilroy Realty Corp)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders of record of holding the Series K C Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K C Preferred Units except as to the any holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (am) the redemption date, (bn) the Redemption Price, (co) the aggregate number of Series K C Preferred Units to be redeemed and and, if fewer than all of the outstanding Series K C Preferred Units are to be redeemed, the number of Series K C Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K C Preferred Units that the total number of Series K C Preferred Units held by such holder represents) of the aggregate number of Series K C Preferred Units to be redeemed, (dp) the place or places where such Series K C Preferred Units are to be surrendered for payment of the Redemption Price, (eq) that distributions on the Series K C Preferred Units to be redeemed will cease to accumulate on such redemption date and (fr) that payment of the Redemption Price will be made upon presentation and surrender of such Series K C Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K C Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the 106 holders of the Series K C Preferred Units upon surrender of the Series K C Preferred Units by such holders at the place designated in the notice of redemption. If the Series C Preferred Units are evidenced by a certificate and if fewer than all Series C Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all such Series C Preferred Units, evidencing the unredeemed Series C Preferred Units, without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereofor deposit, in accordance with the foregoing, of the Redemption Price. If any date fixed for redemption of Series K C Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K C Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Summit Properties Partnership L P)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K B Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K B Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K B Preferred Units to be redeemed and if fewer than all of the outstanding Series K B Preferred Units are to be redeemed, the number of Series K B Preferred Units to be redeemed held by such 85 holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K B Preferred Units that the total number of Series K B Preferred Units held by such holder represents) of the aggregate number of Series K B Preferred Units to be redeemed, (d) the place or places where such Series K B Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K B Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K B Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K B Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K B Preferred Units upon surrender of the Series K B Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K B Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K B Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K B Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Limited Partnership Agreement (Amb Property Corp)

Procedures for Redemption. The following provisions set forth the procedures for Redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K R Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K R Preferred Units to be redeemed, ; (dD) the place or places where such the Series K R Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K R Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series R Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K R Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K R Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series R Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series R Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K R Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series R Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Prologis, L.P.)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders of record of the Series K C Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice or in the transmission thereof shall affect the validity of the proceedings for the redemption of any Series K C Preferred Units except as to the holder to whom such notice was defective or not givengiven or received. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Redemption Price, (c3) the aggregate number of Series K C Preferred Units to be redeemed and if fewer than all of the outstanding Series K C Preferred Units are to be redeemed, the number of Series K C Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K C Preferred Units that the total number of Series K C Preferred Units held by such holder represents) of the aggregate number of Series K C Preferred Units to be redeemed, (d4) the place or places where such the Series K C Preferred Units are to be surrendered for payment of the Redemption Price, (e5) that distributions on the Series K C Preferred Units to be redeemed will cease to accumulate on such redemption date and (f6) that payment of the Redemption Price will be made upon presentation and surrender of such Series K C Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K C Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K C Preferred Units upon surrender of the Series K C Preferred Units by such holders at the place designated in the notice of redemption. If the Series C Preferred Units are evidenced by a certificate and if fewer than all Series C Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series C Preferred Units, evidencing the unredeemed Series C Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K C Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K C Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Second Restated and Amended Agreement of Limited Partnership (Liberty Property Limited Partnership)

Procedures for Redemption. (i1) Notice of redemption will be (i) faxed, At least 30 days and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the date fixed for any redemption dateof Series C Preferred Stock, addressed written notice (the "Redemption Notice") shall be given by first class mail, postage prepaid, to the respective holders each Holder of record of the Series K C Preferred Units at their respective addresses as they appear Stock on the records record date fixed for such redemption of Series C Preferred Stock at such Holder's address as set forth on the stock register of the Partnership. No Corporation on such record date; provided that no failure to give or defect in such notice nor any deficiency therein shall affect the validity of the proceedings procedure for the redemption of any shares of Series K C Preferred Units Stock to be redeemed except as to the holder Holder or Holders to whom such the Corporation has failed to give said notice or except as to the Holder or Holders whose notice was defective or not givendefective. In addition to any information required by lawlaw or by the applicable rules of any exchange upon which shares of Series C Preferred Stock may be listed or admitted to trading, each such notice the Redemption Notice shall state: : (aA) the redemption date, price; (bB) the Redemption Price, (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer whether all or less than all of the outstanding shares of Series K C Preferred Units Stock redeemable thereunder are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of and the aggregate number of outstanding shares of Series K C Preferred Units Stock being redeemed; (C) the number of shares of Series C Preferred Stock held, as of the appropriate record date, by the Holder that the total number of Series K Preferred Units held by such holder representsCorporation intends to redeem; (D) of the aggregate number of Series K Preferred Units Redemption Date; (E) that the Holder is to be redeemedsurrender to the Corporation, (d) at the place or places where such certificates for shares of Series K C Preferred Units Stock are to be surrendered for payment redemption, in the manner and at the price designated, his, her or its certificate or certificates representing the shares of the Redemption Price, Series C Preferred Stock to be redeemed; and (eF) that distributions dividends on the shares of Series K C Preferred Units Stock to be redeemed will shall cease to accumulate on such redemption date and (f) that Redemption Date unless the Corporation defaults in the payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Unitsredemption price. (ii2) If Each Holder shall surrender the Partnership gives a notice of redemption in respect certificate or certificates representing such shares of Series K C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units Stock being so redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of Corporation, duly endorsed, in the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders manner and at the place designated in the notice of redemption. On Redemption Notice, and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units Redemption Date the full redemption price for such shares shall be payable in cash to the Person whose name appears on such certificate or portions thereof called for redemptioncertificates as the owner thereof, and each surrendered certificate shall be canceled and retired. In the event that less than all of the shares represented by any such certificate are redeemed, a new certificate shall be issued representing the unredeemed shares. (3) If a Redemption Notice has been mailed in accordance with paragraph 4.E.v.c. above, unless the Partnership Corporation defaults in the payment thereof. If in full of the redemption price, then, notwithstanding that the certificates evidencing any date fixed shares of Series C Preferred Stock so called for redemption shall not have been surrendered, (x) on the Redemption Date, the shares represented thereby so called for redemption shall be deemed no longer outstanding and shall have the status of Series K authorized but unissued shares of Preferred Units is not a Business DayStock, then payment undesignated as to series, (y) dividends with respect to the shares so called for redemption shall cease to accrue after the Redemption Date and (z) all rights with respect to the shares so called for redemption or subject to conversion shall forthwith after such date cease and terminate, except for the right of the Redemption Price payable on such date will be made on holders to receive the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except thatfunds, if such Business Day falls in the next calendar yearany, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment payable pursuant to this paragraph 5 without interest upon surrender of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Pricetheir certificates therefor.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mediq Inc)

Procedures for Redemption. (i) Notice of redemption will be given by mail and fax (iif possible) faxed, and (ii) mailed by in accordance with Section 15.1 of the Partnership, by certified mail, postage prepaidAgreement, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K G Preferred Units at their respective addresses as they appear on in the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K G Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (ai) the redemption date, (bii) the Series G Redemption Price, (ciii) the aggregate number of Series K G Preferred Units to be redeemed and if fewer than all of the outstanding Series K G Preferred Units are to be redeemed, the number of Series K G Preferred Units to be redeemed held by such holder, which number shall equal such holder's ’s pro rata share (based on the percentage of the aggregate number of outstanding Series K G Preferred Units that the total number of Series K G Preferred Units held by such holder represents) of the aggregate number of Series K G Preferred Units to be redeemed, (div) the place or places where such Series K G Preferred Units are to be surrendered for payment of the Series G Redemption Price, (ev) that distributions on the Series K G Preferred Units to be redeemed will cease to accumulate on such redemption date and (fvi) that payment of the Series G Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K G Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated a duly executed certificate in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect form attached hereto as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption PriceExhibit 4.

Appears in 1 contract

Samples: Merger Agreement (Equity Office Properties Trust)

Procedures for Redemption. The following provisions set forth the procedures for Redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior General Partner to the redemption date, addressed Partnership concurrently with the notice of the General Partner sent to the respective holders of record of the its Series K A Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, ; (dD) the place or places where such the Series K A Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series A Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K A Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for General Partner shall present and surrender the benefit of certificates, if any, representing the Series K A Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Partnership at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series A Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series A Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment all rights of the Redemption Price is improperly withheld or refused General Partner, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Units shall not paid by be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to the redemption date) of the Series K A Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series A Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Price.redemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership. 76

Appears in 1 contract

Samples: Limited Partnership Agreement (Amb Property Lp)

Procedures for Redemption. (i) Notice of redemption will be (i) ------------------------- faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K A Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K A Preferred Units to be redeemed and if fewer than all of the outstanding Series K A Preferred Units are to be redeemed, the number of Series K A Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K A Preferred Units that the total number of Series K A Preferred Units held by such holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, (d) the place or places where such Series K A Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K A Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K A Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K A Preferred Units upon surrender of the Series K A Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K A Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K A Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K A Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Kilroy Realty Corp)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units.. 100 (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Limited Partnership Agreement (Amb Property Lp)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K J Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K J Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K J Preferred Units to be redeemed and if fewer than all of the outstanding Series K J Preferred Units are to be redeemed, the number of Series K J Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K J Preferred Units that the total number of Series K J Preferred Units held by such holder represents) of the aggregate number of Series K J Preferred Units to be redeemed, (d) the place or places where such Series K J Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K J Preferred Units to be 92 100 redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K J Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K J Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K J Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K J Preferred Units upon surrender of the Series K J Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K J Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K J Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K J Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Amb Property Corp)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior Managing Member to the redemption date, addressed Company concurrently with the notice of the Managing Member sent to the respective holders of record of the its Series K H Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (ai) the redemption date, ; (bii) the Redemption Price, redemption price; (ciii) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K H Preferred Units to be redeemed, ; (div) the place or places where such the Series K H Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (ev) that distributions on the Series K H Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series H Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K H Preferred UnitsUnits to be redeemed. (ii2) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for Managing Member shall present and surrender the benefit of certificates, if any, representing the Series K H Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Company at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units shall be paid to the Managing Member and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series H Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (3) From and after the redemption date (unless the Company defaults in payment of redemptionthe redemption price), all distributions will on the Series H Preferred Units designated for redemption in such notice shall cease to accumulate on and all rights of the Managing Member, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to, but not including, the redemption date), shall cease and terminate, and such Series H Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, the Company, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to the redemption date) of the Series K H Preferred Units or portions thereof so called for redemption, unless redemption in trust for the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not Managing Member with a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest bank or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of paymenttrust company, in which case the actual redemption notice to Managing Member shall (i) state the date of such deposit, (ii) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (iii) require the Managing Member to surrender the certificates, if any, representing such Series H Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions as the redemption date). Any monies so deposited which remain unclaimed by the Managing Member at the end of two years after the redemption date shall be returned by such bank or trust company to the Managing Member.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Sunstone Hotel Investors, Inc.)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 thirty (30) nor more than 60 sixty (60) days prior to the redemption date, addressed to the respective holders Holders of record of the Series K D Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K D Preferred Units except as to the holder Holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Series D Redemption Price, (c3) the aggregate number of Series K D Preferred Units to be redeemed and if fewer than all of the outstanding Series K D Preferred Units are to be redeemed, the number of Series K D Preferred Units to be redeemed held by such holderHolder, which number shall equal such holder's Holder’s pro rata share (based on the percentage of the aggregate number of outstanding Series K D Preferred Units that the total number of Series K D Preferred Units held by such holder Holder represents) of the aggregate number of Series K D Preferred Units to be redeemed, (d4) the place or places where such the Series K D Preferred Units are to be surrendered for payment of the Series D Redemption Price, (e5) that distributions on the Series K D Preferred Units to be redeemed will cease to accumulate on such redemption date and (f6) that payment of the Series D Redemption Price will be made upon presentation and surrender of such Series K D Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K D Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K D Preferred Units being redeemed funds sufficient to pay the applicable Series D Redemption Price and will give irrevocable instructions and authority to pay such Series D Redemption Price to the holders Holders of the Series K D Preferred Units upon surrender of the Series K D Preferred Units by such holders Holders at the place designated in the notice of redemption. If the Series D Preferred Units are evidenced by a certificate and if fewer than all Series D Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series D Preferred Units, evidencing the unredeemed Series D Preferred Units without cost to the Holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K D Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K D Preferred Units is not a Business Day, then payment of the Series D Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series D Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K D Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series D Redemption Price.

Appears in 1 contract

Samples: Limited Partnership Agreement (Kilroy Realty Corp)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 10 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K X Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K X Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, law each such notice shall state: (am) the redemption date, (bn) the Redemption Price, (co) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K X Preferred Units to be redeemed, (dp) as provided in Section 5(b)(ii) below, the place or places where evidence of the surrender of such Series K X Preferred Units are to shall be surrendered delivered for payment of the Redemption Price, (eq) that distributions on the Series K X Preferred Units to be redeemed will cease to accumulate on such redemption date and (fr) that payment of the Redemption Price will be made upon presentation and of evidence of the surrender of such Series K X Preferred UnitsUnits as set forth in Section 5(b)(ii) below. (ii) If the Partnership gives a notice of redemption in respect of Series K X Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for deliver into escrow with an escrow agent acceptable to the benefit Partnership and the holders of the Series K X Preferred Units being redeemed funds sufficient to pay (the applicable "Escrow Agent") the Redemption Price and will give irrevocable instructions an executed Redemption Agreement, in the form attached hereto as Exhibit A (the "Redemption Agreement"), and authority an Amendment to pay such the Agreement of Limited Partnership evidencing the Redemption, in the form attached hereto as Exhibit B. The holders of the Series X Preferred Units shall also, by 12:00 noon, New York City time, on the redemption date, deliver into escrow with the Escrow Agent an executed Redemption Agreement and an executed Amendment to the Agreement of Limited Partnership evidencing the Redemption. Upon delivery of all of the above-described items by both parties, Escrow Agent shall release the Redemption Price to the holders of the Series K X Preferred Units upon surrender and the fully-executed Redemption Agreement and Amendment to Agreement of the Series K Preferred Units by such holders at the place designated in the notice of redemptionLimited Partnership to both parties. On and after the date of redemption, distributions will cease to accumulate on the Series K X Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K X Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K X Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Ps Business Parks Inc/Ca)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K B Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K B Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (am) the redemption date, (bn) the Series B Redemption Price, (co) the aggregate number of Series K B Preferred Units to be redeemed and if fewer than all of the outstanding Series K B Preferred Units are to be redeemed, the number of Series K B Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K B Preferred Units that the total number of Series K B Preferred Units held by such holder represents) of the aggregate number of Series K B Preferred Units to be redeemed, (dp) the place or places where such Series K B Preferred Units are to be surrendered for payment of the Series B Redemption Price, (eq) that distributions on the Series K B Preferred Units to be redeemed will cease to accumulate on such redemption date and (fr) that payment of the Series B Redemption Price will be made upon presentation and surrender of such Series K B Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K B Preferred Units being redeemed funds sufficient to pay the applicable Series B Redemption Price and will give irrevocable instructions and authority to pay such Series B Redemption Price to the holders of the Series K B Preferred Units upon surrender of the Series K B Preferred Units by such holders at the place designated in the notice of redemption. If the Series B Preferred Units are evidenced by a certificate and if fewer than all Series B Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series B Preferred Units, evidencing the unredeemed Series B Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K B Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K B Preferred Units is not a Business Day, then payment of the Series B Redemption Price payable on such date will be made on the next succeeding day that is a Business Day Bay (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K B Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series B Redemption Price.

Appears in 1 contract

Samples: Third Amended and Restated Agreement of Limited Partnership (Colonial Properties Trust)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City timethen the Partnership's obligation to make available the redemption price shall be deemed fulfilled if, on or before the redemption date, the Partnership will deposit pays each holder of Series C Preferred Units in cash directly or the Partnership deposits irrevocably in trust for the benefit of the Series K C Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give with irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K C Preferred Units upon surrender of the Series K C Preferred Units by such holders at the place designated in the notice of redemption. If the Series C Preferred Units are evidenced by a certificate and if fewer than all Series C Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series C Preferred Units, evidencing the unredeemed Series C Preferred Units without cost to the holder thereof. On and after the date of redemptionredemption date, (A) distributions will shall cease to accumulate on the Series K C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof, (B) such units shall no longer be deemed to be outstanding and (C) all rights of the holders thereof as holders of Series C Preferred Units shall cease (except the right to receive the redemption price and any accumulated and unpaid distributions), unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K C Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the he same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K C Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Limited Partnership Agreement (Rodamco North America N V)

Procedures for Redemption. (i) Notice of redemption will be (i) ------------------------- faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders Holders of record of the Series K C Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K C Preferred Units except as to the holder Holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Series C Redemption Price, (c) the aggregate number of Series K C Preferred Units to be redeemed and if fewer than all of the outstanding Series K C Preferred Units are to be redeemed, the number of Series K C Preferred Units to be redeemed held by such holderHolder, which number shall equal such holderHolder's pro rata share (based on the percentage of the aggregate number of outstanding Series K C Preferred Units that the total number of Series K C Preferred Units held by such holder Holder represents) of the aggregate number of Series K C Preferred Units to be redeemed, (d) the place or places where such Series K C Preferred Units are to be surrendered for payment of the Series C Redemption Price, (e) that distributions on the Series K C Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Series C Redemption Price will be made upon presentation and surrender of such Series K C Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K C Preferred Units being redeemed funds sufficient to pay the applicable Series C Redemption Price and will give irrevocable instructions and authority to pay such Series C Redemption Price to the holders Holders of the Series K C Preferred Units upon surrender of the Series K C Preferred Units by such holders Holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K C Preferred Units is not a Business Day, then payment of the Series C Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series C Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K C Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series C Redemption Price.

Appears in 1 contract

Samples: Limited Partnership Agreement (Kilroy Realty Corp)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K A Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a1) the redemption date, (b2) the Series A Redemption Price, (c3) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, (d4) the place or places where such Series K A Preferred Units are to be surrendered for payment of the Series A Redemption Price, (e5) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (f6) that payment of the Series A Redemption Price will be made upon presentation and surrender of such Series K A Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K A Preferred Units being redeemed funds sufficient to pay the applicable Series A Redemption Price and will give irrevocable instructions and authority to pay such Series A Redemption Price to the holders of the Series K A Preferred Units upon surrender of the Series K A Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K A Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K A Preferred Units is not a Business Day, then payment of the Series A Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series A Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K A Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series A Redemption Price.

Appears in 1 contract

Samples: Limited Partnership Agreement (Price Development Co Lp)

Procedures for Redemption. (i) Notice In the case of a redemption at the option of a holder of Series I Preferred Units pursuant to Section 6(a), such holder shall provide written notice of such redemption to the Partnership at the executive offices of its general partner. The Partnership will pay the Series I-1 Redemption Price or the Series I-2 Redemption Price, as the case may be, within five (5) Business Days of receipt of the holder's notice of redemption will be (i) faxed, and (ii) mailed by in the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders case of record of the Series K Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K I-1 Preferred Units except as to and within ten (10) days of receipt of the holder to whom such holder's notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) of redemption in the case of the redemption date, (b) of any Series I-2 Preferred Units. If the Redemption Price, (c) the aggregate number of Series K I Preferred Units to be redeemed are evidenced by a certificate and if fewer than all of the outstanding Series K I Preferred Units evidenced by any certificate are to be being redeemed, the number of Series K Preferred Units to a new certificate shall be redeemed held by such holderissued, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the certificate evidencing all Series K I Preferred Units, evidencing the unredeemed Series I Preferred Units by such holders at without cost to the place designated in the notice of redemptionholder thereof. On and after the date of such redemption, distributions will cease to accumulate on the Series K I Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K I Preferred Units is not a Business Day, then payment of the Series I-1 Redemption Price or the Series I-2 Redemption Price, as the case may be, payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption). If payment of the Series I-1 Redemption Price or the Series I-2 Redemption Price, as the case may be, is improperly withheld or refused and not paid made by the PartnershipPartnership on the redemption date, distributions on such Series K I Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price. (ii) In the case of a redemption at the option of the Partnership pursuant to Section 6(b), notice of redemption (which shall be irrevocable) will be mailed by the Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the redemption date, addressed to the respective holders of record of the Series I Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice or in the transmission thereof shall affect the validity of the proceedings for the redemption of any Series I Preferred Units except as to the holder to whom such notice was defective or not given or received. In addition to any information required by law, each such notice shall state: (1) the redemption date; (2) the Series I-1 Redemption Price or Series I-2 Redemption Price, as the case may be; (3) the aggregate number of Series I Preferred Units to be redeemed and if fewer than all of the outstanding Series I Preferred Units are to be redeemed, the number of Series I Preferred Units to be redeemed held by such holder; (4) the place or places where the Series I Preferred Units are to be surrendered for payment of the Redemption Price; (5) that distributions on the Series I Preferred Units to be redeemed will cease to accumulate on such redemption date; and (6) that payment of the Redemption Price will be made upon presentation and surrender of such Series I Preferred Units. (iii) If the Series I Preferred Units are evidenced by a certificate and if fewer than all Series I Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued, upon surrender of the certificate evidencing all Series I Preferred Units, evidencing the unredeemed Series I Preferred Units without cost to the holder thereof. On and after the date of such redemption, distributions will cease to accumulate on the Series I Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series I Preferred Units is not a Business Day, then payment of the Series I-1 Redemption Price or the Series I-2 Redemption Price, as the case may be, payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay). If payment of the Series I-1 Redemption Price or the Series I-2 Redemption Price, as the case may be, is not made by the Partnership on the redemption date, distributions on such Series I Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Second Restated and Amended Agreement of Limited Partnership (Liberty Property Limited Partnership)

Procedures for Redemption. (i) Notice of redemption will be (i) faxedgiven in writing to the General Partner, and (ii) mailed by as holder of the Partnership, by certified mail, postage prepaidSeries A Preferred Interests, not less than 30 three nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice or any defect 88 thereto or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units except as to the holder to whom such notice was defective or not given. Interests. (ii) In addition to any information required by law, each such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K A Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units Interests to be redeemed, ; (dD) the place or places where such the Series K A Preferred Units Interests are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K Preferred Units interests to be redeemed will cease to accumulate accrue on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series A Preferred Interests are to be made upon presentation and surrender redeemed, the notice mailed to the General Partner shall also specify the number of such Series K A Preferred UnitsInterests to be redeemed. (iiiii) If the Partnership gives a notice of redemption in respect of any Series K A Preferred Units (which notice will be irrevocable) then, Interests has been given and if the funds necessary for such redemption have been set aside by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders General Partner, as holder of the Series K A Preferred Units upon surrender Interests so called for redemption, then from and after the redemption date distributions will cease to accrue on such Series A Preferred Interests, such Series A Preferred Interests shall no longer be deemed outstanding and all rights of the General Partner, as holder of such interests will terminate, except the right to receive the redemption price. The General Partner, as holder of the Series K A Preferred Units by Interests to be redeemed, shall surrender such holders Series A Preferred Interests at the place designated in the such notice and, upon surrender in accordance with said notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K A Preferred Units or portions thereof called for redemption, unless the Partnership defaults Interests so redeemed (pursuant to an instrument of surrender in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid form determined by the Partnership), distributions on such Series K A Preferred Units will continue to accumulate from Interests shall be redeemed by the original Partnership at the redemption date to price plus any accrued and unpaid distributions payable upon such redemption. In case less than all the date Series A Preferred Interests are redeemed, an instrument (in a form determined by the Partnership) setting forth the number of paymentunredeemed interests owned by the General Partner shall be executed by the Partnership and the General Partner, as such holder, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Priceduplicate, with a copy retained by each party thereto.

Appears in 1 contract

Samples: Limited Partnership Agreement (Liberty Property Limited Partnership)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice No separate notice of redemption will need be (i) faxed, and (ii) mailed given by the General Partner to the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to . (2) On or after the redemption date, addressed to the respective holders of record of General Partner shall present and surrender the certificates, if any, representing the Series K Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K A Preferred Units to the Partnership and thereupon the redemption price of such Series A Preferred Units shall be redeemed paid to the General Partner and each surrendered Series A Preferred Unit certificate, if any, shall be canceled. If fewer than all of the outstanding Series K A Preferred Units represented by any such certificate representing Series A Preferred Units are to be redeemed, a new certificate shall be issued representing the number of unredeemed Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K A Preferred Units. (ii3) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On From and after the redemption date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, (unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made redemption price), all distributions on the next succeeding day that is a Business Day (Series A Preferred Units designated for redemption in such notice shall cease to accumulate and without any interest or other payment all rights of the General Partner in respect of the redeemed Series A Preferred Units, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series A Preferred Units shall not be deemed to be outstanding for any such delay) except thatpurpose whatsoever. At its election, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions on such to but not including the redemption date) of the Series K A Preferred Units will continue to accumulate from so called for redemption in trust for the original redemption date to the date of paymentGeneral Partner with a bank or trust company, in which case the actual redemption notice to the General Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series A Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.

Appears in 1 contract

Samples: Limited Partnership Agreement (Sabra Health Care REIT, Inc.)

Procedures for Redemption. (i) Notice of redemption will be (iA) faxed, and (iiB) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 10 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K Y Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Y Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, law each such notice shall state: (am) the redemption date, (bn) the Redemption Price, (co) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Y Preferred Units to be redeemed, (dp) as provided in Section 5(b)(ii) below, the place or places where evidence of the surrender of such Series K Y Preferred Units are to shall be surrendered delivered for payment of the Redemption Price, (eq) that distributions on the Series K Y Preferred Units to be redeemed will cease to accumulate on such redemption date and (fr) that payment of the Redemption Price will be made upon presentation and of evidence of the surrender of such Series K Y Preferred UnitsUnits as set forth in Section 5(b)(ii) below. (ii) If the Partnership gives a notice of redemption in respect of Series K Y Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for deliver into escrow with an escrow agent acceptable to the benefit Partnership and the holders of the Series K Y Preferred Units being redeemed funds sufficient to pay (the applicable "Escrow Agent") the Redemption Price and will give irrevocable instructions an executed Redemption Agreement, in the form attached hereto as Exhibit A (the "Redemption Agreement"), and authority an Amendment to pay such the Agreement of Limited Partnership evidencing the Redemption, in the form attached hereto as Exhibit B. The holders of the Series Y Preferred Units shall also, by 12:00 noon, New York City time, on the redemption date, deliver into escrow with the Escrow Agent an executed Redemption Agreement and an executed Amendment to the Agreement of Limited Partnership evidencing the Redemption. Upon delivery of all of the above-described items by both parties, Escrow Agent shall release the Redemption Price to the holders of the Series K Y Preferred Units upon surrender and the fully-executed Redemption Agreement and Amendment to Agreement of the Series K Preferred Units by such holders at the place designated in the notice of redemptionLimited Partnership to both parties. On and after the date of redemption, distributions will cease to accumulate on the Series K Y Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Y Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Y Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Amendment to Agreement of Limited Partnership (Ps Business Parks Inc/Ca)

Procedures for Redemption. (i) Notice of redemption will be (i) ------------------------- faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K A Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (ai) the redemption date, (bii) the Redemption Price, (ciii) the aggregate number of Series K A Preferred Units to be redeemed and if fewer than all of the outstanding Series K A Preferred Units are to be redeemed, the number of Series K A Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K A Preferred Units that the total number of Series K A Preferred Units held by such holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, (div) the place or places where such Series K A Preferred Units are to be surrendered for payment of the Redemption Price, (ev) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (fvi) that payment of the Redemption Price will be made upon presentation and surrender of such Series K A Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K A Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K A Preferred Units upon surrender of the Series K A Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K A Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K A Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day Bay (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K A Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Limited Partnership Agreement (Kilroy Realty Corp)

Procedures for Redemption. (i1) Notice If the Company desires to exercise its redemption rights described in Section 15.4(a), the Company shall deliver a notice of redemption will be (i“Preferred Redemption Notice”) faxed, and (ii) mailed by to the Partnership, by certified mail, postage prepaid, holder of Preferred Units not less than 30 nor more than 60 five (5) days prior to the redemption datedate or, if the Preferred Units have been transferred by Wachovia in accordance with Section 15.8 hereof, to the then-current holder of the Preferred Units not less than thirty (30) days prior to the redemption date (the “Call Date”), addressed to the respective holders of record of Preferred Member in accordance with the Series K terms hereof at the Preferred Units at their respective addresses Member’s address as they appear it appears on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not givenCompany. In addition to any information required by lawLaw, each such notice Preferred Redemption Notice shall state: (ai) the redemption date, (bii) the Preferred Redemption Price, (ciii) if the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemedcertificated, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Preferred Redemption Price, (eiv) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (fv) that payment of the Preferred Redemption Price will be made upon transfer or presentation and surrender of such Series K Preferred UnitsUnits to the Company, as the case may be. (ii2) If the Partnership gives Company delivers a notice of redemption Preferred Redemption Notice in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership Company will deposit irrevocably in trust for the benefit of the Series K holder of the Preferred Units being redeemed funds sufficient to pay the applicable Preferred Redemption Price and Price. The Company will give irrevocable instructions and authority to pay and deliver such Preferred Redemption Price to the holders Preferred Member upon surrender or transfer of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders at the place designated in the notice of redemption. On and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case accordance with the same force and effect as if made on such date fixed for redemption. If payment of the Preferred Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption PriceNotice.

Appears in 1 contract

Samples: Operating Agreement (Developers Diversified Realty Corp)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K A Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K A Preferred Units to be redeemed and if fewer than all of the outstanding Series K A Preferred Units are to be redeemed, the number of Series K A Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K A Preferred Units that the total number of Series K A Preferred Units held by such holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, (d) the place or places where such Series K A Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K A Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the holders of the Series K A Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K A Preferred Units upon surrender of the Series K A Preferred Units by such holders at the place designated in the notice of redemption. If the Series A Preferred Units are evidenced by a certificate and if fewer than all Series A Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series A Preferred Units, evidencing the unredeemed Series A Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K A Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K A Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K A Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Agreement of Limited Partnership (National Golf Properties Inc)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K D Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City timethen the Partnership's obligation to make available the Redemption Price shall be deemed fulfilled if, on or before the redemption date, the Partnership will deposit pays each holder of Series D Preferred Units in cash directly or the Partnership deposits irrevocably in trust for the benefit of the Series K D Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give with irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K D Preferred Units upon surrender of the Series K D Preferred Units by such holders at the place designated in the notice of redemption. If the Series D Preferred Units are evidenced by a certificate and if fewer than all Series D Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series D Preferred Units, evidencing the unredeemed Series D Preferred Units without cost to the holder thereof. On and after the date of redemptionredemption date, (i) distributions will shall cease to accumulate on the Series K D Preferred Units or portions thereof called for redemption, (ii) such units shall no longer be deemed to be outstanding and (iii) all rights of the holders thereof as holders of Series D Preferred Units shall cease (except the right to receive the Redemption Price and any accumulated and unpaid distributions), unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K D Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed fixd for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K D Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price. No interest shall accrue for the benefit of the holders of the Series D Preferred Units to be redeemed on any cash set aside by the Partnership. Subject to applicable escheat laws, any cash deposited in trust by the Partnership that is unclaimed at the end of two years after the redemption date shall revert to the general funds of the Partnership, after which reversion the holders of the Series D Preferred Units so called for redemption shall look only to the general funds of the Partnership for the payment of such cash.

Appears in 1 contract

Samples: Limited Partnership Agreement (Rodamco North America N V)

Procedures for Redemption. (i) Notice of redemption will of the Series A Preferred Units shall be (iconsistent with the notice procedures set forth in Section 5(d)(i) faxed, and of the Series A Preferred Stock Designation. (ii) mailed by Upon the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior ’s provision of written notice as to the redemption date, addressed to the respective holders effective date of record of the Series K Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units except as Units, accompanied by payment in the amount of the full Series A Preferred Unit Redemption Price through such effective date to the which each record holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K A Preferred Units to be redeemed and is entitled or, if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K A Preferred Units to be redeemed held are represented by certificates, the setting apart of such holderamount pursuant to Section 14.05(c)(iii) below, which number the Series A Preferred Units shall equal such holder's pro rata share (based on the percentage be redeemed and shall no longer be deemed outstanding and all rights of the aggregate number holders of outstanding such units will terminate. (iii) If notice of redemption of any Series K A Preferred Units that has been given and if the total number funds necessary for such redemption have been set apart by the Partnership for the benefit of the holders of any Series A Preferred Units so called for redemption, then, from and after the redemption date, distributions will cease to accrue on such Series A Preferred Units, such Series A Preferred Units shall no longer be deemed outstanding and all rights of the holders of such units will terminate, except the right to receive the Series A Preferred Unit Redemption Price therefor. If the Partnership shall so require and the notice of redemption shall so state, holders of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K A Preferred Units to be redeemed will cease shall surrender the certificates representing such Series A Preferred Units, to accumulate on the extent that such redemption date and (f) that payment units are certificated, at the place designated in such notice and, upon surrender in accordance with said notice of the certificates representing Series A Preferred Units so redeemed (properly endorsed or assigned for transfer, if the Partnership shall so require and the notice shall so state), such Series A Preferred Units shall be redeemed by the Partnership at the Series A Preferred Unit Redemption Price will Price. In case less than all of the Series A Preferred Units represented by any such certificate are redeemed, a new certificate or certificates shall be made upon presentation issued representing the unredeemed Series A Preferred Units without cost to the holder thereof. In the event that the Series A Preferred Units to be redeemed are uncertificated, such units shall be redeemed in accordance with the notice and surrender no further action on the part of the holders of such Series K Preferred Unitsunits shall be required. (iiiv) If The deposit of funds with a bank or trust company for the purpose of redeeming Series A Preferred Units shall be irrevocable except that: CH\2080744.3 (A) the Partnership gives a notice shall be entitled to receive from such bank or trust company the interest or other earnings, if any, earned on any money so deposited in trust, and the holders of redemption in respect any units redeemed shall have no claim to such interest or other earnings; and (B) any balance of Series K Preferred Units (which notice will be irrevocable) then, monies so deposited by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to unclaimed by the holders of the Series K A Preferred Units upon surrender of the Series K Preferred Units by such holders entitled thereto at the place designated in expiration of two years from the notice of redemption. On and after the date of redemptionapplicable redemption dates shall be repaid, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without together with any interest or other payment in respect of earnings thereon, to the Partnership, and, after any such delay) except thatrepayment, if such Business Day falls in the next calendar year, such payment will be made on holders of the immediately preceding Business Day, in each case with units entitled to the same force and effect as if made on such date fixed funds so repaid to the Partnership shall look only to the Partnership for redemption. If payment of the Series A Preferred Unit Redemption Price is improperly withheld without interest or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Priceother earnings.

Appears in 1 contract

Samples: Second Amendment to the Third Amended and Restated Agreement of Limited Partnership (Xenia Hotels & Resorts, Inc.)

Procedures for Redemption. (i) i. Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K A Preferred Units (other than the General Partner) to be redeemed at their respective addresses as they appear on the unit transfer records of the Partnership. No failure to give or defect in such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series K A Preferred Units except as to the holder to whom such notice was defective or not given. ii. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, ; (dD) the place or places where such the Series K A Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K Preferred Units units to be redeemed will cease to accumulate accrue on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series A Preferred Units held by any holder are to be made upon presentation and surrender redeemed, the notice mailed to such holder shall also specify the number of Series A Preferred Units held by such Series K Preferred Unitsholder to be redeemed. (ii) iii. If the Partnership gives a notice of redemption in respect of any Series K A Preferred Units (which notice will be irrevocable) then, has been given and if the funds necessary for such redemption have been set aside by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the holders of any Series K A Preferred Units being so called for redemption, then from and after the redemption date distributions will cease to accrue on such Series A Preferred Units, such Series A Preferred Units shall no longer be deemed outstanding and all rights of the holders of such units will terminate, except the right to receive the redemption price. Holders of Series A Preferred Units to be redeemed shall surrender such Series A Preferred Units at the place designated in such notice and, upon surrender in accordance with said notice of the certificates evidencing Series A Preferred Units so redeemed (properly endorsed or assigned for transfer, if the Partnership shall so require and the notice shall so state), such Series A Preferred Units shall be redeemed by the Partnership at the redemption price plus any accrued and unpaid distributions payable upon such redemption. In case less than all the Series A Preferred Units evidenced by any such certificate are redeemed, a new certificate or certificates shall be issued evidencing any unredeemed Series A Preferred Units without cost to the holder thereof. iv. The deposit of funds sufficient with a bank or trust corporation for the purpose of redeeming Series A Preferred Units shall be irrevocable except that: (A) the Partnership shall be entitled to pay receive from such bank or trust corporation the applicable Redemption Price interest or other earnings, if any, earned on any money so deposited in trust, and will give irrevocable instructions the holders of any shares redeemed shall have no claim to such interest or other earnings; and (B) any balance of monies so deposited by the Partnership and authority to pay such Redemption Price to unclaimed by the holders of the Series K A Preferred Units upon surrender of the Series K Preferred Units by such holders entitled thereto at the place designated in expiration of two years from the notice of redemption. On and after the date of redemptionapplicable redemption dates shall be repaid, distributions will cease to accumulate on the Series K Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without together with any interest or other payment in respect of any such delay) except thatearnings thereon, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by to the Partnership, distributions on and after any such Series K Preferred Units will continue to accumulate from repayment, the original redemption date holders of the shares entitled to the date of payment, in which case funds so repaid to the actual Partnership shall look only to the Partnership for payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Pricewithout interest or other earnings.

Appears in 1 contract

Samples: Amended and Restated Agreement of Limited Partnership (Great Lakes Reit)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, At least 30 days and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the date fixed for any redemption dateof Series C Preferred Stock, addressed written notice (the "Redemption Notice") shall be given by first class mail, postage prepaid, to the respective holders each Holder of record of the Series K C Preferred Units at their respective addresses as they appear Stock on the records record date fixed for such redemption of Series C Preferred Stock at such Holder's address as set forth on the stock register of the Partnership. No Corporation on such record date; provided that no failure to give or defect in such notice nor any deficiency therein shall affect the validity of the proceedings procedure for the redemption of any shares of Series K C Preferred Units Stock to be redeemed except as to the holder Holder or Holders to whom such the Corporation has failed to give said notice or except as to the Holder or Holders whose notice was defective or not givendefective. In addition to any information required by lawlaw or by the applicable rules of any exchange upon which shares of Series C Preferred Stock may be listed or admitted to trading, each such notice the Redemption Notice shall state: : (aA) the redemption date, price; (bB) the Redemption Price, (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer whether all or less than all of the outstanding shares of Series K C Preferred Units Stock redeemable thereunder are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of and the aggregate number of outstanding shares of Series K C Preferred Units Stock being redeemed; (C) the number of shares of Series C Preferred Stock held, as of the appropriate record date, by the Holder that the total number of Series K Preferred Units held by such holder representsCorporation intends to redeem; (D) of the aggregate number of Series K Preferred Units Redemption Date; (E) that the Holder is to be redeemedsurrender to the Corporation, (d) at the place or places where such certificates for shares of Series K C Preferred Units Stock are to be surrendered for payment redemption, in the manner and at the price designated, his, her or its certificate or certificates representing the shares of the Redemption Price, Series C Preferred Stock to be redeemed; and (eF) that distributions dividends on the shares of Series K C Preferred Units Stock to be redeemed will shall cease to accumulate on such redemption date and (f) that Redemption Date unless the Corporation defaults in the payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Unitsredemption price. (ii) If Each Holder shall surrender the Partnership gives a notice of redemption in respect certificate or certificates representing such shares of Series K C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K Preferred Units Stock being so redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of Corporation, duly endorsed, in the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders manner and at the place designated in the notice of redemption. On Redemption Notice, and after the date of redemption, distributions will cease to accumulate on the Series K Preferred Units Redemption Date the full redemption price for such shares shall be payable in cash to the Person whose name appears on such certificate or portions thereof called for redemptioncertificates as the owner thereof, and each surrendered certificate shall be canceled and retired. In the event that less than all of the shares represented by any such certificate are redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) If a Redemption Notice has been mailed in accordance with paragraph A(5)(c) above, unless the Partnership Corporation defaults in the payment thereof. If in full of the redemption price, then, notwithstanding that the certificates evidencing any date fixed shares of Series C Preferred Stock so called for redemption shall not have been surrendered, (x) on the Redemption Date, the shares represented thereby so called for redemption shall be deemed no longer outstanding and shall have the status of Series K authorized but unissued shares of Preferred Units is not a Business DayStock, then payment undesignated as to series, (y) dividends with respect to the shares so called for redemption shall cease to accrue after the Redemption Date and (z) all rights with respect to the shares so called for redemption or subject to conversion shall forthwith after such date cease and terminate, except for the right of the Redemption Price payable on such date will be made on holders to receive the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except thatfunds, if such Business Day falls in the next calendar yearany, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment payable pursuant to this paragraph 5 without interest upon surrender of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Pricetheir certificates therefor.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mediq Inc)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Redemption Price, (c) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K Preferred Units to be redeemed, (d) the place or places where such Series K Preferred Units are to be surrendered for payment of the Redemption Price, (e) that distributions on the Series K Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series K Preferred Units. (ii) If the Partnership gives a notice of redemption in respect of Series K D Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City timethen the Partnership's obligation to make available the Redemption Price shall be deemed fulfilled if, on or before the redemption date, the Partnership will deposit pays each holder of Series D Preferred Units in cash directly or the Partnership deposits irrevocably in trust for the benefit of the Series K D Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give with irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K D Preferred Units upon surrender of the Series K D Preferred Units by such holders at the place designated in the notice of redemption. If the Series D Preferred Units are evidenced by a certificate and if fewer than all Series D Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series D Preferred Units, evidencing the unredeemed Series D Preferred Units without cost to the holder thereof. On and after the date of redemptionredemption date, (i) distributions will shall cease to accumulate on the Series K D Preferred Units or portions thereof called for redemption, (ii) such units shall no longer be deemed to be outstanding and (iii) all rights of the holders thereof as holders of Series D Preferred Units shall cease (except the right to receive the Redemption Price and any accumulated and unpaid distributions), unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K D Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K D Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price. No interest shall accrue for the benefit of the holders of the Series D Preferred Units to be redeemed on any cash set aside by the Partnership. Subject to applicable escheat laws, any cash deposited in trust by the Partnership that is unclaimed at the end of two years after the redemption date shall revert to the general funds of the Partnership, after which reversion the holders of the Series D Preferred Units so called for redemption shall look only to the general funds of the Partnership for the payment of such cash.

Appears in 1 contract

Samples: Second Amended and Restated Agreement of Limited Partnership (Urban Shopping Centers Inc)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior Managing Member to the redemption date, addressed Company concurrently with the notice of the Managing Member sent to the respective holders of record of the its REIT Series K A Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (aA) the redemption date, ; (bB) the Redemption Price, redemption price; (cC) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K A Preferred Units to be redeemed, ; (dD) the place or places where such the Series K A Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (eE) that distributions on the Series K A Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series A Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K A Preferred UnitsUnits to be redeemed. (ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for Managing Member shall present and surrender the benefit of certificates, if any, representing the Series K A Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Company at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to the redemption date) shall be paid to the Managing Member and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series A Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (iii) From and after the redemption date (unless the Company defaults in payment of redemptionthe redemption price), all distributions will on the Series A Preferred Units designated for redemption in such notice shall cease to accumulate on and all rights of the Managing Member, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to the redemption date), shall cease and terminate, and such Series A Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, the Company, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to the redemption date) of the Series K A Preferred Units or portions thereof so called for redemption, unless redemption in trust for the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K Preferred Units is not Managing Member with a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest bank or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K Preferred Units will continue to accumulate from the original redemption date to the date of paymenttrust company, in which case the actual redemption notice to the Managing Member shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment date will be considered of the redemption price and (C) require the Managing Member to surrender the certificates, if any, representing such Series A Preferred Units at such place on or about the date fixed for in such redemption for purposes notice (which may not be later than the redemption date) against payment of calculating the applicable Redemption Priceredemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the Managing Member at the end of two years after the redemption date shall be returned by such bank or trust company to the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Procedures for Redemption. (i) i. Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K E Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K E Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (ai) the redemption date, (bii) the Redemption Price, (ciii) the aggregate number of Series K E Preferred Units to be redeemed and if fewer than all of the outstanding Series K E Preferred Units are to be redeemed, the number of Series K E Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding outstand- ing Series K E Preferred Units that the total number of Series K E Preferred Units held by such holder represents) of the aggregate number of Series K E Preferred Units to be redeemed, (div) the place or places where such Series K E Preferred Units are to be surrendered for payment of the Redemption Price, (ev) that distributions on the Series K E Preferred Units to be redeemed will cease to accumulate on such redemption date and (fvi) that payment of the Redemption Price will be made upon presentation and surrender of such Series K E Preferred Units. (ii) . If the Partnership gives a notice of redemption in respect of Series K E Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the Series K E Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K E Preferred Units upon surrender of the Series K E Preferred Units by such holders at the place designated in the notice of redemption. If the Series E Preferred Units are evidenced by a certificate and if fewer than all Series E Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series E Preferred Units, evidencing the unredeemed Series E Preferred Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K E Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K E Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K E Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Price.

Appears in 1 contract

Samples: Limited Partnership Agreement (Regency Centers Lp)

Procedures for Redemption. (i) Notice of redemption will be (i) faxed, and (ii) mailed by the Partnership, by certified mail, postage prepaid, not less than 30 days nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series K B Preferred Partnership Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K B Preferred Partnership Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such notice shall state: (a) the redemption date, (b) the Series B Redemption Price, (c) the aggregate number of Series K B Preferred Partnership Units to be redeemed and if fewer than all of the outstanding Series K B Preferred Partnership Units are to be redeemed, the number of Series K B Preferred Partnership Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K B Preferred Partnership Units that the total number of Series K B Preferred Partnership Units held by such holder represents) of the aggregate number of Series K B Preferred Partnership Units to be redeemed, (d) the place or places where such Series K B Preferred Partnership Units are to be surrendered for payment of the Series B Redemption Price, (e) that distributions on the Series K B Preferred Partnership Units to be redeemed will cease to accumulate on such redemption date and (f) that payment of the Series B Redemption Price will be made upon presentation and surrender of such Series K B Preferred Partnership Units. (ii) If the Partnership gives a notice of redemption in respect of Series K B Preferred Partnership Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust for the benefit of the holders of the Series K B Preferred Partnership Units being redeemed funds sufficient to pay the applicable Series B Redemption Price and will give irrevocable instructions and authority to pay such Series B Redemption Price to the holders of the Series K B Preferred Partnership Units upon surrender of the Series K B Preferred Partnership Units by such holders at the place designated in the notice of redemption. If the Series B Preferred Partnership Units are evidenced by a certificate and if fewer than all Series B Preferred Partnership Units evidenced by any certificate are being redeemed, a new certificate shall be issued upon surrender of the certificate evidencing all Series B Preferred Partnership Units, evidencing the unredeemed Series B Preferred Partnership Units without cost to the holder thereof. On and after the date of redemption, distributions will cease to accumulate on the Series K B Preferred Partnership Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series K B Preferred Partnership Units is not a Business Day, then payment of the Series B Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series K B Preferred Partnership Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Series B Redemption Price.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Chelsea Gca Realty Partnership Lp)

Procedures for Redemption. The following provisions set forth the procedures for redemption: (i1) Notice of redemption will be (i) faxed, and (ii) mailed given by the Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior Managing Member to the redemption date, addressed Company concurrently with the notice of the Managing Member sent to the respective holders of record of the its Series K G Preferred Units at their respective addresses as they appear on the records of the PartnershipShares in connection with such redemption. No failure to give or defect in such notice shall affect the validity of the proceedings for the redemption of any Series K Preferred Units except as to the holder to whom such notice was defective or not given. In addition to any information required by law, each such Such notice shall state: (ai) the redemption date, ; (bii) the Redemption Price, redemption price; (ciii) the aggregate number of Series K Preferred Units to be redeemed and if fewer than all of the outstanding Series K Preferred Units are to be redeemed, the number of Series K Preferred Units to be redeemed held by such holder, which number shall equal such holder's pro rata share (based on the percentage of the aggregate number of outstanding Series K Preferred Units that the total number of Series K Preferred Units held by such holder represents) of the aggregate number of Series K G Preferred Units to be redeemed, ; (div) the place or places where such the Series K G Preferred Units are to be surrendered for payment of the Redemption Price, redemption price; and (ev) that distributions on the Series K G Preferred Units to be redeemed will cease to accumulate on such redemption date and (f) that payment date. If less than all of the Redemption Price will Series G Preferred Units are to be made upon presentation and surrender redeemed, the notice shall also specify the number of such Series K G Preferred UnitsUnits to be redeemed. (ii2) If the Partnership gives a notice of redemption in respect of Series K Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on On or after the redemption date, the Partnership will deposit irrevocably in trust for Managing Member shall present and surrender the benefit of certificates, if any, representing the Series K G Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series K Preferred Units upon surrender of the Series K Preferred Units by such holders Company at the place designated in the notice of redemptionredemption and thereupon the redemption price of such Units shall be paid to the Managing Member and each surrendered Unit certificate, if any, shall be canceled. On If fewer than all the Units represented by any such certificate representing Series G Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed shares. (3) From and after the redemption date (unless the Company defaults in payment of redemptionthe redemption price), all distributions will on the Series G Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the Managing Member, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to, but not including, the redemption date), shall cease and terminate, and such Series G Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. (4) If a redemption date falls after the record date for a distribution pursuant to Section 18.2(a) and on or prior to the corresponding Series G Preferred Unit Distribution Payment Date, the Managing Member, as holder of the Series K G Preferred Units or portions thereof called for redemption, unless at the Partnership defaults in close of business of such record date shall be entitled to the payment thereof. If any date fixed for redemption of Series K Preferred Units is not a Business Day, then payment of the Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions distribution on such Series K G Preferred Units will continue on the corresponding Series G Preferred Unit Distribution Payment Date notwithstanding the redemption of such shares on or prior to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the applicable Redemption Pricesuch Series G Preferred Unit Distribution Payment Date.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Sunstone Hotel Investors, Inc.)

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