Procedures for Redemption. The following provisions set forth the procedures for redemption: (1) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F Preferred Units to be redeemed; (D) the place or places where the Series F Preferred Units are to be surrendered for payment of the redemption price; (E) that distributions on the Series F Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed. (2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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. 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 Units. (3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 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 in such redemption notice (which may not be later than the redemption date) against payment of the 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.
Appears in 6 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:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent 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 holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such 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 F 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; , (Dd) the place or places where the such Series F K Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F K Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series F K Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after 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 General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership 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 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 canceledredemption. 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 Units.
(3) From On 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), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F K Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 6 contracts
Samples: Agreement of Limited Partnership (Amb Property Corp), 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 redemptionRedemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F A Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F A Preferred Units to be redeemed; (D) the place or places where the Series F A Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F A Preferred Units are to be redeemed, the notice shall also specify the number of Series F A Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F A Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F A Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Unitsshares.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F A Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F A Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F A Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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:
(1) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F G Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F G Preferred Units to be redeemed; (D) the place or places where the Series F G Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F G Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F G Preferred Units are to be redeemed, the notice shall also specify the number of Series F G Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F G Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F G Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F G Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F G Preferred Units shall not 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 to but not including the redemption date) of the Series F G Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F G Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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 redemptionRedemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F O Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F O Preferred Units to be redeemed; (D) the place or places where the Series F O Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F O Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F O Preferred Units are to be redeemed, the notice shall also specify the number of Series F O Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F O Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F O Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Unitsshares.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F O Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F O Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F O Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
Appears in 5 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. The following provisions set forth the procedures for redemption:
(1) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F I Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F I Preferred Units to be redeemed; (D) the place or places where the Series F I Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F I Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F I Preferred Units are to be redeemed, the notice shall also specify the number of Series F I Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F I Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F I Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F I Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F I Preferred Units shall not 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 to but not including the redemption date) of the Series F I Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F I Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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:
(1) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F E Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F E Preferred Units to be redeemed; (D) the place or places where the Series F E Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F E Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F E Preferred Units are to be redeemed, the notice shall also specify the number of Series F E Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F E Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F E Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F E Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F E Preferred Units shall not 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 to but not including the redemption date) of the Series F E Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F E Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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:
(1A) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 A Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Ai) the redemption date; , (Bii) the redemption price; Series A Redemption Price, (Ciii) the aggregate number of Series A Preferred Units to be redeemed and if fewer than all of the outstanding Series A Preferred Units are to be redeemed, the number of Series F 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 A Preferred Units the total number of Series A Preferred Units held by such holder represents) of the aggregate number of Series A Preferred Units to be redeemed; , (Div) the place or places where the such Series F A Preferred Units are to be surrendered for payment of the redemption price; Series A Redemption Price, (Ev) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (vi) that payment of the Series F A Redemption Price will be made upon presentation and surrender of such Series A Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2B) On or after If the Partnership gives a notice of redemption in respect of Series A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series A Preferred Units upon surrender of the Series A Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series A Preferred Units are evidenced by a certificate and if fewer than all the Series A Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series A Preferred Units, evidencing the unredeemed Units.
(3) From Series A Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 A Preferred Units is not a Business Day, then payment of the redemption price), all distributions Series A Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series A Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F A Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Series A Redemption Price.
Appears in 5 contracts
Samples: Limited Partnership Agreement (Regency Centers Lp), Limited Partnership Agreement (Regency Centers Corp), Limited Partnership Agreement (Regency Centers Lp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F G Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F G Preferred Units to be redeemed; (D) the place or places where the Series F G Preferred Units are to be surrendered for payment of the redemption price; (E) that distributions on the Series F G Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F G Preferred Units are to be redeemed, the notice shall also specify the number of Series F G Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F G Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F G Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F G Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F G Preferred Units shall not 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 to but not including the redemption date) of the Series F G Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F G Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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:
(1i) Notice of redemption will of the Series B Preferred Stock shall be mailed to each holder of record of the shares to be redeemed by first class mail, postage prepaid at such holder’s address as the same appears on the stock records of the Corporation. Any notice which was mailed as described above shall be conclusively presumed to have been duly given on the date mailed whether or not the holder receives the notice. In addition to any information required by law or by the General Partner to the Partnership concurrently with the notice applicable rules of the General Partner sent exchange upon which the Series B Preferred Stock may be listed or admitted to the holders of its REIT Series F Preferred Shares in connection with such redemption. Such trading, each notice shall state: (Ai) the redemption date; (Bii) the redemption price; (Ciii) the number of shares of Series F B Preferred Units Stock to be redeemed; and (Div) the place or places where the certificates for such shares of Series F B Preferred Units Stock are to be surrendered for payment of the cash. Any such redemption price; (E) that distributions on the Series F Preferred Units to may be redeemed will cease to accumulate made conditional on such redemption date. If less than all of factors as may be determined by the Series F Preferred Units are to be redeemed, Board and as set forth in the notice shall also specify the number of Series F Preferred Units to be redeemedredemption.
(2ii) On or after the redemption dateRedemption Date, the General Partner each holder of shares of Series B Preferred Stock to be redeemed shall present and surrender the certificates, if any, certificates representing the his shares of Series F B Preferred Units Stock to the Partnership Corporation at the place designated in the notice of redemption and thereupon the cash redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shares shall be paid to or on the General Partner order of the person whose name appears on such certificate representing shares of Series B Preferred Stock as the owner thereof and each surrendered Unit certificate, if any, certificate shall be canceled. If fewer than all the Units shares represented by any such certificate representing shares of Series F B Preferred Units Stock are to be redeemed, a new certificate shall be issued representing the unredeemed Unitsshares.
(3iii) From 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 Redemption Date (unless the Partnership Corporation defaults in payment of the redemption price), all distributions dividends on the shares of Series F B Preferred Units designated Stock called for redemption in such notice shall cease to accumulate and all rights of the General Partnerholders thereof, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions dividends up to but excluding the redemption dateRedemption Date), shall cease and terminateterminate and such shares shall not thereafter be transferred (except with the consent of the Corporation) on the Corporation’s books, and such Series F Preferred Units shares shall not be deemed to be outstanding for any purpose whatsoever. At its election, the PartnershipCorporation, prior to a redemption dateRedemption Date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption datedividends) of the Series F B Preferred Units Stock so called for redemption in trust for the General Partner holders thereof with a bank or trust company, in which case the redemption notice to holders of the General Partner shares of Series B Preferred Stock to be redeemed shall (Ai) state the date of such deposit, (Bii) specify the office of such bank or trust company as the place of payment of the redemption price and (Ciii) require the General Partner such holders to surrender the certificates, if any, certificates representing such Series F Preferred Units shares at such place on or about the date fixed in such redemption notice (which may not be later than the redemption dateRedemption Date) against payment of the redemption price (including all accumulated and unpaid distributions dividends to the Redemption Date). Any interest or other earnings earned on the redemption date)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 General Partner holders of Series B Preferred Stock at the end of two years after the redemption date Redemption Date shall be returned by such bank or trust company to the PartnershipCorporation.
Appears in 4 contracts
Samples: Merger Agreement (Ready Capital Corp), Merger Agreement (Anworth Mortgage Asset Corp), Merger Agreement (Ready Capital Corp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F H Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F H Preferred Units to be redeemed; (D) the place or places where the Series F H Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F H Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F H Preferred Units are to be redeemed, the notice shall also specify the number of Series F H Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F H Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F H Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F H Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F H Preferred Units shall not 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 to but not including the redemption date) of the Series F H Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F H Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be (A) given by publication in a newspaper of general circulation in the General Partner 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 Partnership concurrently with redemption date, and (B) mailed by the notice Partnership, 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 General Partner sent Series 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 such notice or any defect thereto or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series B Preferred Units except as to the holders holder to whom notice was defective or not given.
(ii) In addition to any information required by law or by the applicable rules of its REIT any exchange upon which Series F B Preferred Shares in connection with Units may be listed or admitted to trading, such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F B Preferred Units to be redeemed; (D) the place or places where the Series F B Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F Preferred Units units to be redeemed will cease to accumulate accrue on such redemption date. If less than all of the Series F B Preferred Units held by any holder are to be redeemed, the notice mailed to such holder shall also specify the number of Series F B Preferred Units held by such holder to be redeemed.
(2iii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the If notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F B Preferred Units are to be redeemedhas been given and if the funds necessary for such redemption have been set aside by the Partnership in trust for the benefit of the holders of any Series B Preferred Units so called for redemption, a new certificate shall be issued representing the unredeemed Units.
(3) From then from and after the redemption date (unless the Partnership defaults in payment of the redemption price)distributions will cease to accrue on such Series B Preferred Units, all distributions on the such Series F B Preferred Units designated for redemption in such notice shall cease to accumulate no longer be deemed outstanding and all rights of the General Partnerholders 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 thereof (including all accumulated plus any accrued and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and payable upon such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably redemption.
(iv) The deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner funds with a bank or trust company, in which case corporation for the redemption notice to the General Partner purpose of redeeming Series B Preferred Units shall be irrevocable except that: (A) state the date of such deposit, (B) specify the office of Partnership shall be entitled to receive from such bank or trust company as corporation the place of payment of the redemption price and (C) require the General Partner to surrender the certificatesinterest or other earnings, if any, representing earned on any money so deposited in trust, and the holders of any units redeemed shall have no claim to such Series F Preferred Units at such place on interest or about the date fixed in such redemption notice other earnings; and (which may not be later than the redemption dateB) against payment any balance of the redemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain by the Partnership and unclaimed by the General Partner holders of the Series B Preferred Units entitled thereto at the end expiration of two years after from the applicable redemption date dates shall be returned by such bank repaid, together with any interest or trust company other earnings thereon, to the Partnership, and after any such repayment, the holders of the units entitled to the funds so repaid to the Partnership shall look only to the Partnership for payment without interest or other earnings.
Appears in 4 contracts
Samples: Limited Partnership Agreement (Gables Realty Limited Partnership), Limited Partnership Agreement (Gables Residential Trust), Limited Partnership Agreement (Gables Realty Limited Partnership)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F C Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F C Preferred Units to be redeemed; (D) the place or places where the Series F C Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F C Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F C Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F C Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F C Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F C Preferred Units shall not 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 to but not including the redemption date) of the Series F C Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F C Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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. The following provisions set forth the procedures for redemption:
(1A) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 D Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Ai) the redemption date; , (Bii) the redemption price; Series D Redemption Price, (Ciii) the aggregate number of Series D Preferred Units to be redeemed and if fewer than all of the outstanding Series D Preferred Units are to be redeemed, the number of Series F 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 D Preferred Units the total number of Series D Preferred Units held by such holder represents) of the aggregate number of Series D Preferred Units to be redeemed; , (Div) the place or places where the such Series F D Preferred Units are to be surrendered for payment of the redemption price; Series D Redemption Price, (Ev) that distributions on the Series F D Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (vi) that payment of the Series F D Redemption Price will be made upon presentation and surrender of such Series D Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2B) On or after If the Partnership gives a notice of redemption in respect of Series D Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series D Preferred Units upon surrender of the Series D Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series D Preferred Units are evidenced by a certificate and if fewer than all the Series D Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series D Preferred Units, evidencing the unredeemed Units.
(3) From Series D Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 D Preferred Units is not a Business Day, then payment of the redemption price), all distributions Series D Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series D Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F D Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable 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 Realty Corp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent 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 holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such 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 F 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; , (Dd) the place or places where the such Series F K Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F K Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series F K Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after 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 General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership 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 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 canceledredemption. 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 Units.
(3) From On 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), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F K Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 4 contracts
Samples: Limited Partnership Agreement (Amb Property Lp), 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:
(1i) Notice of redemption will be (A) given by publication in a newspaper of general circulation in the General Partner 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 Partnership concurrently with redemption date, and (B) mailed by the notice Partnership, 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 General Partner sent Series 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 such notice or any defect thereto or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series B Preferred Units except as to the holders holder to whom notice was defective or not given.
(ii) In addition to any information required by law or by the applicable rules of its REIT any exchange upon which Series F B Preferred Shares in connection with Units may be listed or admitted to trading, such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F B Preferred Units to be redeemed; (D) the place or places where the Series F B Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F Preferred Units units to be redeemed will cease to accumulate accrue on such redemption date. If less than all of the Series F B Preferred Units held by any holder are to be redeemed, the notice mailed to such holder shall also specify the number of Series F B Preferred Units held by such holder to be redeemed.
(2iii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the If notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F B Preferred Units are to be redeemedhas been given and if the funds necessary for such redemption have been set aside by the Partnership in trust for the benefit of the holders of any Series B Preferred Units so called for redemption, a new certificate shall be issued representing the unredeemed Units.
(3) From then from and after the redemption date (unless the Partnership defaults in payment of the redemption price)distributions will cease to accrue on such Series B Preferred Units, all distributions on the such Series F B Preferred Units designated for redemption in such notice shall cease to accumulate no longer be deemed outstanding and all rights of the General Partnerholders 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 thereof (including all accumulated plus any accrued and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and payable upon such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may irrevocably redemption.
(iv) The deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner funds with a bank or trust company, in which case corporation for the redemption notice to the General Partner purpose of redeeming Series B Preferred Units shall be irrevocable except that:
(A) state the date of such deposit, (B) specify the office of Partnership shall be entitled to receive from such bank or trust company as corporation the place of payment of the redemption price and (C) require the General Partner to surrender the certificatesinterest or other earnings, if any, representing earned on any money so deposited in trust, and the holders of any units redeemed shall have no claim to such Series F Preferred Units at such place on interest or about the date fixed in such redemption notice other earnings; and
(which may not be later than the redemption dateB) against payment any balance of the redemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain by the Partnership and unclaimed by the General Partner holders of the Series B Preferred Units entitled thereto at the end expiration of two years after from the applicable redemption date dates shall be returned by such bank repaid, together with any interest or trust company other earnings thereon, to the Partnership, and after any such repayment, the holders of the units entitled to the funds so repaid to the Partnership shall look only to the Partnership for payment without 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:
(1A) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent to the holders of its REIT Series F Preferred Shares Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in connection with such redemptionnotice shall affect the validity of the proceedings for the redemption of any Series F Preferred Units except as to the holder to whom such notice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Ai) the redemption date; , (Bii) the redemption price; Series F Redemption Price, (Ciii) the aggregate number of Series F Preferred Units to be redeemed and if fewer than all of the outstanding Series F Preferred Units are to be redeemed, the number of Series 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 F Preferred Units the total number of Series F Preferred Units held by such holder represents) of the aggregate number of Series F Preferred Units to be redeemed; , (Div) the place or places where the such Series F Preferred Units are to be surrendered for payment of the redemption price; Series F Redemption Price, (Ev) that distributions on the Series F Preferred Units to be redeemed will cease to accumulate on such redemption date and (vi) that payment of the Series F Redemption Price will be made upon presentation and surrender of such Series F Preferred Units.
(B) If the Partnership gives a notice of redemption in respect of Series F Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date. If less than all , the Partnership will deposit irrevocably in trust for the benefit of the Series F Preferred Units are being redeemed funds sufficient to be redeemed, pay the notice shall also specify the number of applicable Series F Preferred Units Redemption Price and will give irrevocable instructions and authority to be redeemed.
(2) On or after pay such Series F Redemption Price to the redemption date, the General Partner shall present and surrender the certificates, if any, representing holders of the Series F Preferred Units to upon surrender of the Partnership Series F Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If fewer than all the Units represented by any such certificate representing Series F Preferred Units are to be 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 representing upon surrender of the certificate evidencing all Series F Preferred Units, evidencing the unredeemed Units.
(3) From Series F Preferred Units without cost to the holder thereof. On and after the redemption date (unless the Partnership defaults in payment of the redemption price)redemption, all distributions will cease to accumulate on the Series F Preferred Units designated or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption in such notice shall cease to accumulate and all rights of Series F Preferred Units is not a Business Day, then payment of the General PartnerSeries 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, except if such Business Day falls in the right to receive next calendar year, such payment will be made on the redemption price thereof (including all accumulated immediately preceding Business Day, in each case with the same force and unpaid 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 up to but excluding the redemption date), shall cease and terminate, and on such Series F Preferred Units shall not be deemed will continue to be outstanding for any purpose whatsoever. At its election, accumulate from the Partnership, prior original redemption date to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) date of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust companypayment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Series F Redemption Price.
Appears in 4 contracts
Samples: Limited Partnership Agreement (Regency Centers Lp), Amendment No. 5 to Third Amended and Restated Agreement of Limited Partnership (Regency Centers Lp), Limited Partnership Agreement (Regency Centers Corp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 C Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; , (B2) the redemption price; Redemption Price, (C3) the aggregate number of Series C Preferred Units to be redeemed and if fewer than all of the outstanding Series C Preferred Units are to be redeemed, the number of Series F 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 C Preferred Units the total number of Series C Preferred Units held by such holder represents) of the aggregate number of Series C Preferred Units to be redeemed; , (D4) the place or places where the such Series F C Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (E5) that distributions on the Series F C Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (6) that payment of the Redemption Price will be made upon presentation and surrender of such Series F C Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series C Preferred Units upon surrender of the Series C Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series C Preferred Units are evidenced by a certificate and if fewer than all the Series C Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series C Preferred Units, evidencing the unredeemed Units.
(3) From Series C Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 C Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F C Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable 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. The following provisions set forth the procedures for redemption:
(1) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F J Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F J Preferred Units to be redeemed; (D) the place or places where the Series F J Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F J Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F J Preferred Units are to be redeemed, the notice shall also specify the number of Series F J Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F J Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F J Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F J Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F J Preferred Units shall not 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 to but not including the redemption date) of the Series F J Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F I Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 C Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Aa) the redemption date; , (Bb) the redemption price; Series C Redemption Price, (Cc) the aggregate number of Series C Preferred Units to be redeemed and if fewer than all of the outstanding Series C Preferred Units are to be redeemed, the number of Series F 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 C Preferred Units that the total number of Series C Preferred Units held by such holder represents) of the aggregate number of Series C Preferred Units to be redeemed; , (Dd) the place or places where the such Series F C Preferred Units are to be surrendered for payment of the redemption price; Series C Redemption Price, (Ee) that distributions on the Series F C Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Series F C Redemption Price will be made upon presentation and surrender of such Series C Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series C Preferred Units upon surrender of the Series C Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 C Preferred Units is not a Business Day, then payment of the redemption price), all distributions Series C Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series C Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F C Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Series C Redemption Price.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Amb Property Lp), Agreement of Limited Partnership (Amb Property Lp), Agreement of Limited Partnership (Amb Property Corp)
Procedures for Redemption. The following provisions set forth (i) Upon the procedures for Partnership’s provision of written notice as to the effective date of the redemption:
(1, accompanied by 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) Notice below, Series A Preferred Units shall be redeemed and shall no longer be deemed outstanding and all rights of redemption the holders of such Series A Preferred Units will terminate. Such notice shall be given by first class mail, postage pre-paid, to each record holder of the General Partner Series A Preferred Units to be redeemed at the respective mailing addresses of such holders as the same shall appear on the transfer records of the Partnership. No failure to give such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series A Preferred Units except as to the Partnership concurrently with holder to whom notice was defective or not given.
(ii) In addition to any information required by law or by the notice applicable rules of the General Partner sent any exchange upon which Series A Preferred Units may be listed or admitted to the holders of its REIT Series F Preferred Shares in connection with trading, such redemption. Such notice shall state: (A) the redemption date; (B) the redemption priceRedemption Price; (C) the number of Series F Preferred Units to be redeemed; (D) the place or places where the Series F A Preferred Units are to be surrendered (if so required in the notice) for payment of the redemption priceRedemption Price (if not otherwise included with the notice); and (ED) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate accrue on such redemption date. If less than all of the Series F A Preferred Units held by any holder are to be redeemed, the notice mailed to such holder shall also specify the number of Series F A Preferred Units held by such holder to be redeemed.
(2iii) On or 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, the General Partner shall present and surrender the certificatesdistributions will cease to accrue on such Series A Preferred Units, if any, representing the such Series F A Preferred Units to the Partnership at the place designated in the notice of redemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall no longer be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. 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 Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate deemed outstanding and all rights of the General Partnerholders 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 price thereof 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 (including all accumulated properly endorsed or assigned for transfer, if the Partnership shall so require and unpaid distributions up to but excluding the redemption datenotice shall so state), shall cease and terminate, and such Series F A Preferred Units shall not be deemed to be outstanding for any purpose whatsoeverredeemed by the Partnership at the Redemption Price. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) In case less than all of the Series F A Preferred Units so called for redemption 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 trust for accordance with the General Partner notice and no further action on the part of the holders of such Series A Preferred Units shall be required.
(iv) The deposit of funds with a bank or trust company, in which case company for the redemption notice to the General Partner purpose of redeeming Series A Preferred Units shall be irrevocable except that:
(A) state the date of such deposit, (B) specify the office of Partnership shall be entitled to receive from such bank or trust company as the place of payment of the redemption price and (C) require the General Partner to surrender the certificatesinterest or other earnings, if any, representing such earned on any money so deposited in trust, and the holders of any Series F 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 place on or about repayment, the date fixed in such redemption notice (which may not be later than holders of the redemption date) against 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 (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 Redemption Price without interest or trust company to the Partnershipother earnings.
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. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 B Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; , (B2) the redemption price; Redemption Price, (C3) the aggregate number of Series B Preferred Units to be redeemed and if fewer than all of the outstanding Series B Preferred Units are to be redeemed, the number of Series F 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 B Preferred Units the total number of Series B Preferred Units held by such holder represents) of the aggregate number of Series B Preferred Units to be redeemed; , (D4) the place or places where the such Series F B Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (E5) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (6) that payment of the Redemption Price will be made upon presentation and surrender of such Series F B Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series B Preferred Units upon surrender of the Series B Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series B Preferred Units are evidenced by a certificate and if fewer than all the Series B Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series B Preferred Units, evidencing the unredeemed Units.
(3) From Series B Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 B Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F B Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable 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. The following provisions set forth the procedures for redemption:
(1) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F H Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F H Preferred Units to be redeemed; (D) the place or places where the Series F H Preferred Units are to be surrendered for payment of the redemption price; (E) that distributions on the Series F H Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F H Preferred Units are to be redeemed, the notice shall also specify the number of Series F H Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F H Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F H Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F H Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F H Preferred Units shall not 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 to but not including the redemption date) of the Series F H Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F H Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 D Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; , (B2) the redemption price; Redemption Price, (C3) the aggregate number of Series D Preferred Units to be redeemed and if fewer than all of the outstanding Series D Preferred Units are to be redeemed, the number of Series F 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 D Preferred Units the total number of Series D Preferred Units held by such holder represents) of the aggregate number of Series D Preferred Units to be redeemed; , (D4) the place or places where the such Series F D Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (E5) that distributions on the Series F D Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed.
date and (26) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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. 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 Units.
(3) From and after the redemption date (unless the Partnership defaults in that payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate Redemption Price will be made upon presentation and all rights surrender of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 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 in such redemption notice (which may not be later than the redemption date) against payment of the 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.D
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 Properties Lp)
Procedures for Redemption. The following provisions set forth the procedures for redemptionRedemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F P Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F P Preferred Units to be redeemed; (D) the place or places where the Series F P Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F P Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F P Preferred Units are to be redeemed, the notice shall also specify the number of Series F P Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F P Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F P Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Unitsshares.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F P Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F P Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F P Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective Holders of record of the General Partner sent Series 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 A Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with Holder to whom such redemptionnotice was defective or not given. Such 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 A Preferred Units to be redeemed and if fewer than all of the outstanding Series A Preferred Units are to be redeemed, the number of Series F 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 A Preferred Units that the total number of Series A Preferred Units held by such Holder represents) of the aggregate number of Series A Preferred Units to be redeemed; , (Dd) the place or places where the such Series F A Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series F A Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership Holders of the Series A Preferred Units upon surrender of the Series A Preferred Units by such Holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 A Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F A Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable 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. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 B Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Ai) the redemption date; , (Bii) the redemption price; Redemption Price, (Ciii) the aggregate number of Series B Preferred Units to be redeemed and if fewer than all of the outstanding Series B Preferred Units are to be redeemed, the number of Series F 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 B Preferred Units the total number of Series B Preferred Units held by such holder represents) of the aggregate number of Series B Preferred Units to be redeemed; , (Div) the place or places where the such Series F B Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ev) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (vi) that payment of the Redemption Price will be made upon presentation and surrender of such Series F B Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series B Preferred Units upon surrender of the Series B Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series B Preferred Units are evidenced by a certificate and if fewer than all the Units represented by any such certificate representing Series F B Preferred Units evidenced any certificate are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series B Preferred Units, evidencing the unredeemed Units.
(3) From Series B Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 B Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F B Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Regency Centers Corp), Limited Partnership Agreement (Regency Realty Corp), Limited Partnership Agreement (Regency Centers Lp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1A) Notice of redemption will be given (x) faxed and (y) mailed by the General Partner holders of Series B Preferred Units, by certified mail, postage prepaid, to the Partnership concurrently so that notice is received by the Partnership within the periods set forth herein and in accordance with the provisions hereof. Each such notice of the General Partner sent to the holders of its REIT Series F Preferred Shares in connection with such redemption. Such notice shall stateshall: (A1) state the redemption date; (B) the redemption price; (C) the aggregate number of Series F Preferred Units to be redeemed; (D) the place or places where the Series F Preferred Units are to be surrendered for payment of the redemption price; (E) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less and if fewer than all of the outstanding Series F B Preferred Units are to be redeemed, the notice shall also specify the number of Series F B Preferred Units to be redeemedredeemed 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 B Preferred Units the total number of Series B Preferred Units held by such holder represents) of the aggregate number of Series B Preferred Units to be redeemed and (2) refer to the specific subsection of this Section 17.5 pursuant to which such redemption is being effected. Any such notice shall be irrevocable.
(2B) On or after By 12:00 noon, New York City time, on the redemption date, the General Partner shall present 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 surrender the certificates, if any, representing Partnership) for the benefit of the Series F B Preferred Units being redeemed funds sufficient to pay the Series B Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B Redemption Price to the Partnership holders of the Series B Preferred Units upon surrender of the Series B Preferred Units by such holders at the place designated in by the notice of redemption 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 canceledPartnership. If the Series B Preferred Units are evidenced by a certificate and if fewer than all the Series B Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series B Preferred Units, evidencing the unredeemed Units.
(3) From Series B Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series B Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment of the Series B Redemption Price. If any date fixed for redemption price)of Series B Preferred Units is not a Business Day, all distributions then payment of the Series B Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series B Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F B Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 PartnershipSeries 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. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F E Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F E Preferred Units to be redeemed; (D) the place or places where the Series F E Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F E Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F E Preferred Units are to be redeemed, the notice shall also specify the number of Series F E Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F E Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F E Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Unitsshares.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F E Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F E Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F E Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
Appears in 3 contracts
Samples: Agreement of Limited Partnership (Kilroy Realty, L.P.), Limited Partnership Agreement (Kilroy Realty Corp), Agreement of Limited Partnership (Kilroy Realty Corp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 C Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Ai) the redemption date; , (Bii) the redemption price; Redemption Price, (Ciii) the aggregate number of Series C Preferred Units to be redeemed and if fewer than all of the outstanding Series C Preferred Units are to be redeemed, the number of Series F 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 C Preferred Units the total number of Series C Preferred Units held by such holder represents) of the aggregate number of Series C Preferred Units to be redeemed; , (Div) the place or places where the such Series F C Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ev) that distributions on the Series F C Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (vi) that payment of the Redemption Price will be made upon presentation and surrender of such Series F C Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series C Preferred Units upon surrender of the Series C Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series C Preferred Units are evidenced by a certificate and if fewer than all the Series C Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series C Preferred Units, evidencing the unredeemed Units.
(3) From Series C Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 C Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F C Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Regency Centers Corp), Limited Partnership Agreement (Regency Realty Corp), Limited Partnership Agreement (Regency Centers Lp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 E Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; , (B2) the redemption price; Series E Redemption Price, (C3) the aggregate number of Series E Preferred Units to be redeemed and if fewer than all of the outstanding Series E Preferred Units are to be redeemed, the number of Series F 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 E Preferred Units the total number of Series E Preferred Units held by such holder represents) of the aggregate number of Series E Preferred Units to be redeemed; , (D4) the place or places where the such Series F E Preferred Units are to be surrendered for payment of the redemption price; Series E Redemption Price, (E5) that distributions on the Series F E Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (6) that payment of the Series F E Redemption Price will be made upon presentation and surrender of such Series E Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series E Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series E Preferred Units upon surrender of the Series E Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series E Preferred Units are evidenced by a certificate and if fewer than all the Series E Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series E Preferred Units, evidencing the unredeemed Units.
(3) From Series F Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 E Preferred Units is not a Business Day, then payment of the redemption price), all distributions Series E Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series E Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F E Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Series E 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 Properties Lp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1) . Notice of redemption will be given (a) faxed, and (b) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 A Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Au) the redemption date; , (Bv) the redemption price; Redemption Price, (Cw) the aggregate number of Series A Preferred Units to be redeemed and if fewer than all of the outstanding Series A Preferred Units are to be redeemed, the number of Series F 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 A Preferred Units that the total number of Series A Preferred Units held by such holder represents) of the aggregate number of Series A Preferred Units to be redeemed; , (Dx) the place or places where the such Series F A Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ey) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate on such redemption datedate and (z) that payment of the Redemption Price will be made upon presentation and surrender of such Series A Preferred Units.
2. If less than all the Partnership gives a notice of the redemption in respect of Series F A Preferred Units are to (which notice will be redeemedirrevocable) then, the notice shall also specify the number of Series F Preferred Units to be redeemed.
(2) On or after by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series A Preferred Units upon surrender of the Series A Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 A Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F A Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 2 contracts
Samples: Fourth Amendment to the Second Amended and Restated Agreement of Limited Partnership (Susa Partnership Lp), Fourth Amendment to the Second Amended and Restated Agreement of Limited Partnership (Storage Usa Inc)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F H Preferred Shares in connection with such redemption. Such notice shall state: (Aa) the redemption date; (B) the redemption price; (Cb) the number of Series F H Preferred Units to be redeemed; (Dc) the redemption price and whether or not accrued and unpaid distributions will be payable; (d) the place or places where the Series F H Preferred Units are to be surrendered for payment of the redemption price; (Ee) 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 F H Preferred Units to be redeemed will cease to accumulate on such redemption date; and (g) whether such redemption is being made pursuant to Subparagraph F(1) or Subparagraph F(2) of Article FIRST of the Series H Articles Supplementary. If less than all of the Series F H Preferred Units are to be redeemed, the notice shall also specify the number of Series F H Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F H Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer less than all the Units represented by any such certificate representing Series F H Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption priceprice plus accrued and unpaid distributions, if any, payable upon redemption), all distributions on the Series F H Preferred Units designated for redemption in such notice shall cease to accumulate accrue, such Series H Preferred Units shall no longer be deemed outstanding and all rights of the General PartnerPartner will terminate, except the right to receive the redemption price thereof (including all accumulated plus accrued and unpaid distributions up to but excluding the redemption date)distributions, shall cease and terminateif any, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoeverpayable upon redemption. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including excluding the redemption date) of the Series F H Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the redemption notice to the General Partner shall (Aa) state the date of such deposit, (Bb) specify the office of such bank or trust company as the place of payment of the redemption price and (Cc) require the General Partner to surrender the certificates, if any, representing such Series F H Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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 redemptionRedemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F M Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F M Preferred Units to be redeemed; (D) the place or places where the Series F M Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F M Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F M Preferred Units are to be redeemed, the notice shall also specify the number of Series F M Preferred Units to be redeemed.. 110
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F M Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F M Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Unitsshares.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F M Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F M Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F M Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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 (i) Upon the procedures for Partnership’s provision of written notice as to the effective date of the redemption:
(1, accompanied by 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) Notice below, Series B Preferred Units shall be redeemed and shall no longer be deemed outstanding and all rights of redemption the holders of such Series B Preferred Units will terminate. Such notice shall be given by first class mail, postage pre-paid, to each record holder of the General Partner Series B Preferred Units to be redeemed at the respective mailing addresses of such holders as the same shall appear on the transfer records of the Partnership. No failure to give such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series B Preferred Units except as to the Partnership concurrently with holder to whom notice was defective or not given.
(ii) In addition to any information required by law or by the notice applicable rules of the General Partner sent any exchange upon which Series B Preferred Units may be listed or admitted to the holders of its REIT Series F Preferred Shares in connection with trading, such redemption. Such notice shall state: (A) the redemption date; (B) the redemption priceRedemption Price; (C) the number of Series F Preferred Units to be redeemed; (D) the place or places where the Series F B Preferred Units are to be surrendered (if so required in the notice) for payment of the redemption priceRedemption Price (if not otherwise included with the notice); and (ED) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate accrue on such redemption date. If less than all of the Series F B Preferred Units held by any holder are to be redeemed, the notice mailed to such holder shall also specify the number of Series F B Preferred Units held by such holder to be redeemed.
(2iii) On or 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, the General Partner shall present and surrender the certificatesdistributions will cease to accrue on such Series B Preferred Units, if any, representing the such Series F B Preferred Units to the Partnership at the place designated in the notice of redemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall no longer be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. 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 Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate deemed outstanding and all rights of the General Partnerholders 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 price thereof 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 (including all accumulated properly endorsed or assigned for transfer, if the Partnership shall so require and unpaid distributions up to but excluding the redemption datenotice shall so state), shall cease and terminate, and such Series F B Preferred Units shall not be deemed to be outstanding for any purpose whatsoeverredeemed by the Partnership at the Redemption Price. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) In case less than all of the Series F B Preferred Units so called for redemption 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 trust for accordance with the General Partner notice and no further action on the part of the holders of such Series B Preferred Units shall be required.
(iv) The deposit of funds with a bank or trust company, in which case company for the redemption notice to the General Partner purpose of redeeming Series B Preferred Units shall be irrevocable except that:
(A) state the date of such deposit, (B) specify the office of Partnership shall be entitled to receive from such bank or trust company as the place of payment of the redemption price and (C) require the General Partner to surrender the certificatesinterest or other earnings, if any, representing such earned on any money so deposited in trust, and the holders of any Series F 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 place on or about repayment, the date fixed in such redemption notice (which may not be later than holders of the redemption date) against 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 (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 Redemption Price without interest or trust company to the Partnershipother earnings.
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. The following provisions set forth the procedures for redemption:
(1) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F J Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F J Preferred Units to be redeemed; (D) the place or places where the Series F J Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F J Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F J Preferred Units are to be redeemed, the notice shall also specify the number of Series F J Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F J Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F J Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F J Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F J Preferred Units shall not 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 to but not including the redemption date) of the Series F J Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F J Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 J Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such 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 J Preferred Units to be redeemed and if fewer than all of the outstanding Series J Preferred Units are to be redeemed, the number of Series F 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 J Preferred Units that the total number of Series J Preferred Units held by such holder represents) of the aggregate number of Series J Preferred Units to be redeemed; , (Dd) the place or places where the such Series F J Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F J Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series F J Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series J Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series J Preferred Units upon surrender of the Series J Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 J Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F J Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Amb Property Lp), Limited Partnership Agreement (Amb Property Corp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 J Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such 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 J Preferred Units to be redeemed and if fewer than all of the outstanding Series J Preferred Units are to be redeemed, the number of Series F 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 J Preferred Units that the total number of Series J Preferred Units held by such holder represents) of the aggregate number of Series J Preferred Units to be redeemed; , (Dd) the place or places where the such Series F J Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F J Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed.
date and (2f) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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. 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 Units.
(3) From and after the redemption date (unless the Partnership defaults in that payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate Redemption Price will be made upon presentation and all rights surrender of the 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 F J Preferred Units shall not 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 to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 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 in such redemption notice (which may not be later than the redemption date) against payment of the 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 PartnershipUnits.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Amb Property Lp), Agreement of Limited Partnership (Amb Property Corp)
Procedures for Redemption. The following provisions set forth (a) Upon the procedures for Company’s provision of written notice as to the effective date of the redemption:
, accompanied by a check (1whether to each record holder or the Paying Agent) Notice in the amount of redemption 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 redeemed and shall no longer be deemed outstanding by the Company and all rights of the holders of such Class A Preferred Units will terminate. Such notice shall be given by the General Partner first class mail, postage pre-paid, to the Partnership concurrently with the notice Paying Agent or to each record holder of the General Partner sent Class A Preferred Units at the respective mailing addresses of such holders as the same shall appear in the records of the Company or to such designee of such record holder at such address as such record holder shall have designated in writing to the holders Company. No failure to give such notice or any defect therein or in the mailing thereof shall affect the validity of its REIT Series F the proceedings for the redemption of any Class A Preferred Shares in connection with Units except as to the holder (or such redemption. Such holder’s designee) to whom notice was defective or not given.
(b) In addition to any information required by law, such notice shall state: (A) the redemption date; (B) the redemption priceRedemption Price; (C) the number of Series F Class A Preferred Units to be redeemed; and (D) the place or places where the Series F Preferred Units are to be surrendered for payment of the redemption price; (E) that distributions on the Series F Preferred Units units to be redeemed will cease to accumulate accrue on such redemption date. If less than all of the Series F 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 F Class A Preferred Units held by such holder to be redeemed.
(2c) On or after the If notice of redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F 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) for the benefit of the holders of any Class A Preferred Units so called for redemption and with irrevocable instructions and authority to pay such amounts to the Partnership holders of Class A Preferred Units upon surrender of the Class A Preferred Units at the place designated in the notice of redemption 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 certificateredemption, if anythen, shall be canceled. 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 Units.
(3) From from and after the redemption date (unless the Partnership defaults in payment of the redemption price)date, all distributions will cease to accrue on the Series F such Class A Preferred Units, such Class A Preferred Units designated for redemption in such notice shall cease to accumulate no longer be deemed outstanding and all rights of the General Partnerholders of such units will terminate, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding Redemption Price. Since the redemption date), shall cease and terminate, and such Series F Class A Preferred Units are uncertificated, such units shall not be deemed to be outstanding for any purpose whatsoever. At its election, redeemed in accordance with the Partnership, prior to a redemption date, may irrevocably deposit notice and no further action on the redemption price (including accumulated and unpaid distributions to but not including the redemption date) part of the Series F Preferred Units so called for redemption in trust for the General Partner holders of such units shall be required.
(d) The deposit of funds with a bank or trust company, in which case corporation for the redemption notice purpose of redeeming the Class A Preferred Units shall be irrevocable except that:
(i) the Company shall be entitled to the General Partner shall (A) state the date of such deposit, (B) specify the office of receive from such bank or trust company as corporation the place of payment of the redemption price and (C) require the General Partner to surrender the certificatesinterest or other earnings, if any, representing earned on any money so deposited in trust, and the holders of any units redeemed shall have no claim to such Series F interest or other earnings; and
(ii) any balance of monies so deposited by the Company and unclaimed by the holders of the Class 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 Company, and after any such place on or about repayment, the date fixed in such redemption notice (which may not be later than holders of the redemption date) against units entitled to the funds so repaid to the Company shall look only to the Company for payment of the 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 Redemption Price without interest or trust company to the Partnershipother earnings.
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:
(1) Notice of redemption will be given (A) ------------------------- faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 G Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; , (B2) the redemption price; Redemption Price, (C3) the aggregate number of Series G Preferred Units to be redeemed and if fewer than all of the outstanding Series G Preferred Units are to be redeemed, the number of Series F 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 G Preferred Units the total number of Series G Preferred Units held by such holder represents) of the aggregate number of Series G Preferred Units to be redeemed; , (D4) the place or places where the such Series F G Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (E5) that distributions on the Series F G Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed.
date and (26) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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. 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 Units.
(3) From and after the redemption date (unless the Partnership defaults in that payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate Redemption Price will be made upon presentation and all rights surrender of the 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 F G Preferred Units shall not 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 to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 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 in such redemption notice (which may not be later than the redemption date) against payment of the 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 PartnershipUnits.
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 (i) Upon the procedures for redemption:
(1) Notice Partnership’s provision of redemption will be given by the General Partner notice as to the Partnership concurrently with Redemption Date, accompanied by payment in the notice amount of the General Partner sent full Redemption Price, plus a Redemption Premium, if any, through such effective date to which each record holder of the 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 its REIT Series F the Class Twelve Partnership Preferred Shares Units will terminate. No failure to give such notice or any defect therein or in connection with the sending thereof shall affect the validity of the proceedings for the redemption of any of the Class Twelve Partnership Preferred Units except as to the holder to whom notice was defective or not given.
(ii) In addition to any information required by law or by the applicable rules of any exchange upon which the Class Twelve Partnership Preferred Units may be listed or admitted to trading, such redemption. Such notice shall state: (A) the redemption dateRedemption Date; (B) the redemption priceRedemption Price; (C) the Redemption Premium, if any; (D) the number of Series F Class Twelve Partnership Preferred Units to be redeemed; (D) the place or places where the Series F Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F Class Twelve Partnership Preferred Units to be redeemed will cease to accumulate on such redemption dateRedemption Date. If less than all of the Series F Class Twelve Partnership Preferred Units held by any holder are to be redeemed, the notice sent to such holder shall also specify the number of Series F Class Twelve Partnership Preferred Units held by such holder to be redeemed.
(2iii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the If notice of redemption and thereupon of any of 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. If fewer than all the Units represented by any such certificate representing Series F Class Twelve Partnership Preferred Units are to be redeemedhas been given and if the funds necessary for such redemption have been set aside by the Partnership for the benefit of the holders of any of the Class Twelve Partnership Preferred Units so called for redemption, a new certificate shall be issued representing the unredeemed Units.
(3) From then, from and after the redemption date (unless the Partnership defaults in payment of the redemption price)Redemption Date, all distributions on the Series F Preferred Units designated for redemption in such notice shall will cease to accumulate on such Class Twelve Partnership Preferred Units, such Class Twelve Partnership Preferred Units shall no longer be deemed outstanding and all rights of the General Partnerholders of such Class Twelve Partnership Preferred Units will terminate, 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 terminateRedemption Price, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its electionthe Redemption Premium, the Partnership, prior to a redemption date, may irrevocably if any.
(iv) The deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner funds with a bank or trust company, in which case company for the redemption notice to purpose of redeeming the General Partner Class Twelve Partnership Preferred Units shall be irrevocable except that:
(A) state the date of such deposit, (B) specify the office of The Partnership shall be entitled to receive from such bank or trust company as the place of payment of the redemption price and (C) require the General Partner to surrender the certificatesinterest or other earnings, if any, representing such Series F earned on any money so deposited in trust, and the holders of any Class Twelve Partnership Preferred Units at redeemed shall have no claim to such place on interest or about the date fixed in such redemption notice other earnings; and
(which may not be later than the redemption dateB) against payment Any balance of the redemption price (including all accumulated and unpaid distributions to the redemption date). Any monies money so deposited which remain by the Partnership and unclaimed by the General Partner holders of the Class Twelve Partnership Preferred Units entitled thereto at the end expiration of two years after from the redemption date applicable Redemption Date shall be returned by such bank repaid, together with any interest or trust company other earnings thereon, to the Partnership, and after any such repayment, the holders of the Class Twelve Partnership Preferred Units entitled to the funds so repaid to the Partnership shall look only to the Partnership for payment without 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. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F Preferred Units to be redeemed; (D) the place or places where the Series F Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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. 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 Unitsshares.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 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 in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 B Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such 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 B Preferred Units to be redeemed and if fewer than all of the outstanding Series B Preferred Units are to be redeemed, the number of Series F 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 B Preferred Units that the total number of Series B Preferred Units held by such holder represents) of the aggregate number of Series B Preferred Units to be redeemed; , (Dd) the place or places where the such Series F B Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Series F Preferred Units are to Redemption Price will be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present made upon presentation and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F B Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3ii) From and after the redemption date (unless If the Partnership defaults gives a notice of redemption in payment respect of the redemption price), all distributions on the Series F B Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 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 in such redemption notice (which may not notice will be later than the redemption dateirrevocable) against payment of the redemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed then, 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.12:00 noon, New York City time, on
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 redemptionRedemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F L Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F L Preferred Units to be redeemed; (D) the place or places where the Series F L Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F L Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F L Preferred Units are to be redeemed, the notice shall also specify the number of Series F L Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F L Preferred Units to the Partnership at the place designated in the notice of redemption and 105 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. If fewer than all the Units represented by any such certificate representing Series F L Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Unitsshares.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F L Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F L Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F L Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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 redemptionRedemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F L Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F L Preferred Units to be redeemed; (D) the place or places where the Series F L Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F L Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F L Preferred Units are to be redeemed, the notice shall also specify the number of Series F L Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F L Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F L Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.shares. 106
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F L Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F L Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F L Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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 redemptionRedemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F A Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F A Preferred Units to be redeemed; (D) the place or places where the Series F A Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F A Preferred Units are to be redeemed, the notice shall also specify the number of Series F A Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F A Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F A Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Unitsshares.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F A Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F A Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the redemption notice to the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F A Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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:
(1a) Notice of redemption will shall be given by the General Partner mailed, not less than 30 nor more than 60 days, prior to the Partnership concurrently with date fixed for redemption set forth in such notice (the notice "Redemption Date") to each holder of record of Series B Preferred Units to be redeemed, notifying such holder of the General Partner sent Partnership's election to redeem such Series B Preferred Units. Such notice shall mailed to such holder's address as the same appears on the records of the Partnership. No failure to give such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series B Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom notice was defective or not given.
(b) In addition to any information required by law, such redemption. Such notice shall state: (A1) the Redemption Date, (2) with respect to the Cash Redemption Right, the cash redemption date; 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, (B) the redemption price; (C3) the number of Series F B Preferred Units to be redeemed; redeemed (Dand, if fewer than all the Series B Preferred Units are to be redeemed from such holder, the number of Series B Preferred Units to be redeemed from such holder), (4) the place or places where the certificates for such Series F B Preferred Units are to be surrendered for payment of the redemption price; price in cash, with respect to the Cash Redemption Right, and in certificates representing Class A Units, with respect to the Share Redemption Right, (E5) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of Redemption Date and (6) the date upon which the holder's conversion rights, if any, as to such Series F B Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedterminate.
(2c) On or after the redemption dateRedemption Date, the General Partner each holder of Series B Preferred Units to be redeemed shall present and surrender the certificates, if any, representing the certificates evidencing its Series F B Preferred Units to the Partnership at the place designated in the notice of redemption and thereupon the redemption price (in cash or Class A Units, as applicable) of such Series B Preferred Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall be paid to or on the General Partner order of the person whose name appears on such certificate evidencing Series B Preferred Units as the owner thereof and each surrendered Unit certificate, if any, certificate shall be canceled. If fewer than all the Series B Preferred Units represented evidenced by any such surrendered certificate representing Series F Preferred Units are to be redeemed, a new certificate shall be issued representing evidencing the unredeemed Series B Preferred Units.
(3d) From and after the redemption date Redemption Date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F B Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the General Partnerholders thereof, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding the redemption dateRedemption Date), shall cease and terminateterminate and such Series B Preferred Units shall not thereafter be transferred (except with the consent of the General Partner) on the Partnership's books, and such Series F B Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, acting through its General Partner, prior to a redemption dateRedemption Date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption datedistributions) of the Series F B Preferred Units so called for redemption in trust for the General Partner holders thereof with a bank or trust company, in which case the redemption notice to holders of the General Partner Series B Preferred Units to be redeemed shall (Ai) state the date of such deposit, (Bii) specify the office of such bank or trust company as the place of payment of the redemption price and (Ciii) require the General Partner such holders to surrender the certificates, if any, representing certificates evidencing such Series F B Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption dateRedemption Date) against payment of the redemption price (including all accumulated and unpaid distributions to the redemption dateRedemption Date). 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 General Partner holders of the Series B Preferred Units at the end of two years after the redemption date Redemption Date shall be returned by such bank or trust company to the PartnershipTrust.
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. The following provisions set forth the procedures for redemption:
(1) Notice of redemption will be given (A) ------------------------- faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 H Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; , (B2) the redemption price; Redemption Price, (C3) the aggregate number of Series H Preferred Units to be redeemed and if fewer than all of the outstanding Series H Preferred Units are to be redeemed, the number of Series F 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 H Preferred Units the total number of Series H Preferred Units held by such holder represents) of the aggregate number of Series H Preferred Units to be redeemed; , (D4) the place or places where the such Series F H Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (E5) that distributions on the Series F H Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed.
date and (26) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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. 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 Units.
(3) From and after the redemption date (unless the Partnership defaults in that payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate Redemption Price will be made upon presentation and all rights surrender of the 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 F H Preferred Units shall not 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 to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 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 in such redemption notice (which may not be later than the redemption date) against payment of the 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 PartnershipUnits.
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:
(1) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent to the holders of its REIT Series F Preferred Shares Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in connection with such redemptionnotice shall affect the validity of the proceedings for the redemption of any Series F Preferred Units except as to the holder to whom such notice was defective or not given. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; , (B2) the redemption price; Redemption Price, (C3) the aggregate number of Series F Preferred Units to be redeemed and if fewer than all of the outstanding Series F Preferred Units are to be redeemed, the number of Series 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 F Preferred Units the total number of Series F Preferred Units held by such holder represents) of the aggregate number of Series F Preferred Units to be redeemed; , (D4) the place or places where the such Series F Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (E5) that distributions on the Series F Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed.
date and (26) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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. 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 Units.
(3) From and after the redemption date (unless the Partnership defaults in that payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate Redemption Price will be made upon presentation and all rights surrender of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 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 in such redemption notice (which may not be later than the redemption date) against payment of the 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 PartnershipUnits.
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:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F A Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F A Preferred Units to be redeemed; (D) the place or places where the Series F A Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F A Preferred Units are to be redeemed, the notice shall also specify the number of Series F A Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F A Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F A Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Unitsshares.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F A Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F A Preferred Units shall not 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 to but not including the redemption date) of the Series F A Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F A Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F G Preferred Shares in connection with such redemption. Such notice shall state: (Aa) the redemption date; (B) the redemption price; (Cb) the number of Series F G Preferred Units to be redeemed; (Dc) the redemption price and whether or not accrued and unpaid distributions will be payable; (d) the place or places where the Series F G Preferred Units are to be surrendered for payment of the redemption price; (Ee) 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 F G Preferred Units to be redeemed will cease to accumulate on such redemption date; and (g) whether such redemption is being made pursuant to Subparagraph F(1) or Subparagraph F(2) of Article FIRST of the Series G Articles Supplementary. If less than all of the Series F G Preferred Units are to be redeemed, the notice shall also specify the number of Series F G Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F G Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer less than all the Units represented by any such certificate representing Series F G Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption priceprice plus accrued and unpaid distributions, if any, payable upon redemption), all distributions on the Series F G Preferred Units designated for redemption in such notice shall cease to accumulate accrue, such Series G Preferred Units shall no longer be deemed outstanding and all rights of the General PartnerPartner will terminate, except the right to receive the redemption price thereof (including all accumulated plus accrued and unpaid distributions up to but excluding the redemption date)distributions, shall cease and terminateif any, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoeverpayable upon redemption. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including excluding the redemption date) of the Series F G Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the redemption notice to the General Partner shall (Aa) state the date of such deposit, (Bb) specify the office of such bank or trust company as the place of payment of the redemption price and (Cc) require the General Partner to surrender the certificates, if any, representing such Series F G Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 C Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Aa) the redemption date; , (Bb) the redemption price; Series C Redemption Price, (Cc) the aggregate number of Series C Preferred Units to be redeemed and if fewer than all of the outstanding Series C Preferred Units are to be redeemed, the number of Series F 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 C Preferred Units that the total number of Series C Preferred Units held by such holder represents) of the aggregate number of Series C Preferred Units to be redeemed; , (Dd) the place or places where the such Series F C Preferred Units are to be surrendered for payment of the redemption price; Series C Redemption Price, (Ee) that distributions on the Series F C Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Series F C Redemption Price will be made upon presentation and surrender of such Series C Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series C Preferred Units upon surrender of the Series C Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (unless the Partnership defaults in payment of the redemption price)redemption, all distributions will cease to accumulate on the Series F C Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 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 in such redemption notice (which may not be later than the redemption date) against payment of the 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.portions
Appears in 2 contracts
Samples: Limited Partnership Agreement (Amb Property Lp), Limited Partnership Agreement (Amb Property Corp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 or more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 proceeding for the redemption of any Series B Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; , (B2) the redemption price; Series B Redemption Price, (C3) the aggregate number or Series B Preferred Units to be redeemed and, if fewer than all of the outstanding Series B Preferred Units are to be redeemed, the number of Series F 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 B Preferred Units) of the aggregate number of Series B Preferred Units to be redeemed; , (D4) the place or places where the such Series F B Preferred Units are to be surrendered for payment of the redemption price; Series B Redemption Price, (E5) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all ate and (6) that payment of the Series F B Redemption Price will be made upon presentation and surrender of such Series B Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series B Preferred Units upon surrender of the Series B Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series B Preferred Units are evidence by a certificate and if fewer than all the Series B Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series B Preferred Units, evidencing the unredeemed Units.
(3) From Series B Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 B Preferred Units is not a Business Day, then payment of the redemption price), all distributions Series B Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series B Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F B Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purpose of calculating the redemption date) against payment of the 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 Partnershipapplicable 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:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 E Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Ai) the redemption date; , (Bii) the redemption price; Redemption Price, (Ciii) the aggregate number of Series E Preferred Units to be redeemed and if fewer than all of the outstanding Series E Preferred Units are to be redeemed, the number of Series F 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 E Preferred Units the total number of Series E Preferred Units held by such holder represents) of the aggregate number of Series E Preferred Units to be redeemed; , (Div) the place or places where the such Series F E Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ev) that distributions on the Series F E Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (vi) that payment of the Redemption Price will be made upon presentation and surrender of such Series F E Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series E Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series E Preferred Units upon surrender of the Series E Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series E Preferred Units are evidenced by a certificate and if fewer than all the Series E Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series E Preferred Units, evidencing the unredeemed Units.
(3) From Series E Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 E Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F E Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Regency Centers Corp), Limited Partnership Agreement (Regency Centers Lp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record holding the Series B Preferred Units at their respective addresses as they appear on the records of the General Partner sent Partnership. No failure to give or defect in such notice shall affect the holders validity of its REIT the proceedings for the redemption of any Series F B Preferred Shares in connection with Units except as to any holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Am) the redemption date; , (Bn) the redemption price; Redemption Price, (Co) the aggregate number of Series B Preferred Units to be redeemed and, if fewer than all of the outstanding Series B Preferred Units are to be redeemed, the number of Series F 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 B Preferred Units the total number of Series B Preferred Units held by such holder represents) of the aggregate number of Series B Preferred Units to be redeemed; , (Dp) the place or places where the such Series F B Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Eq) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (r) that payment of the Redemption Price will be made upon presentation and surrender of such Series F B Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series B Preferred Units upon surrender of the Series B Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series B Preferred Units are evidenced by a certificate and if fewer than all the Series B Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all such Series B Preferred Units, evidencing the unredeemed Series B Preferred Units.
(3) From , without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series B Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment or deposit, in accordance with the foregoing, of the Redemption Price. If any date fixed for redemption of Series B Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated next succeeding day that is a Business 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F B Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable 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 redemptionRedemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F L Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F L Preferred Units to be redeemed; (D) the place or places where the Series F L Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F L Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F L Preferred Units are to be redeemed, the notice shall also specify the number of Series F L Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F L Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F L Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.shares. 110
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F L Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F L Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F L Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
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:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent 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 holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such 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 F 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; , (Dd) the place or places where the such Series F K Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F K Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series F K Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after 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 General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership 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 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 canceledredemption. 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 Units.
(3) From On 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), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F K Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the redemption price (including all accumulated and unpaid distributions to the redemption date)applicable Redemption Price. 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.101
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 (i) Upon the procedures for Company’s provision of written notice as to the effective date of the redemption:
(1) Notice , accompanied by a check in the amount of redemption the full Series A Redemption Price through such effective date to which each record holder of Series A Preferred Units is entitled, the Series A Preferred Units shall be redeemed and shall no longer be deemed outstanding shares of the Company and all rights of the holders of such shares will terminate. Such notice shall be given by first class mail, postage pre-paid, to each record holder of the General Partner Series A Preferred Units at the respective mailing addresses of such holders as the same shall appear on the share transfer records of the Company. No failure to give such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Series A Preferred Units except as to the Partnership concurrently with holder to whom notice was defective or not given.
(ii) In addition to any information required by law or by the notice applicable rules of the General Partner sent any exchange upon which Series A Preferred Units may be listed or admitted to the holders of its REIT Series F Preferred Shares in connection with trading, such redemption. Such notice shall state: (A) the redemption dateSeries A Redemption Date; (B) the redemption priceSeries A Redemption Price; (C) the number of Series F A Preferred Units to be redeemed; (D) the place or places where the Series F A Preferred Units are to be surrendered (if so required in the notice) for payment of the redemption priceSeries A Redemption Price (if not otherwise included with the notice); and (E) that distributions dividends on the Series F Preferred Units shares to be redeemed will cease to accumulate accrue on such redemption dateSeries A Redemption Date. If less than all of the Series F A Preferred Units held by any holder are to be redeemed, the notice mailed to such holder shall also specify the number of Series F A Preferred Units held by such holder to be redeemed.
(2iii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the If notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F A Preferred Units are to be redeemedhas 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 Series A Preferred Units so called for redemption, a new certificate shall be issued representing the unredeemed Units.
(3) From then, from and after the redemption date (unless the Partnership defaults in payment of the redemption price)Series A Redemption Date, all distributions dividends will cease to accrue on the such Series F A Preferred Units, such Series A Preferred Units designated for redemption in such notice shall cease to accumulate no longer be deemed outstanding and all rights of the General Partnerholders of such shares will terminate, except the right to receive the redemption price thereof Series A Redemption Price. If the Company shall so require and the notice shall so state, holders of the Series A Preferred Units to be redeemed shall surrender the certificates evidencing such Series A Preferred Units, to the extent that such shares are certificated, at the place designated in such notice and, upon surrender in accordance with said notice of the certificates for Series A Preferred Units so redeemed (including all accumulated properly endorsed or assigned for transfer, if the Company shall so require and unpaid distributions up to but excluding the redemption datenotice shall so state), shall cease and terminate, and such Series F A Preferred Units shall not be deemed to be outstanding for any purpose whatsoeverredeemed by the Company at the Series A Redemption Price. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) In case less than all of the Series F A Preferred Units so called for redemption in trust for evidenced by any such certificate are redeemed, a new certificate or certificates shall be issued evidencing the General Partner unredeemed Series A Preferred Units without cost to the holder thereof.
(iv) The deposit of funds with a bank or trust company, in which case corporation for the redemption notice to the General Partner purpose of redeeming Series A Preferred Units shall be irrevocable except that:
(A) state the date of such deposit, (B) specify the office of Company shall be entitled to receive from such bank or trust company as corporation the place of payment of the redemption price and (C) require the General Partner to surrender the certificatesinterest or other earnings, if any, representing earned on any money so deposited in trust, and 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 Company and unclaimed by the holders of the Series F A Preferred Units entitled thereto at the expiration of two (2) years from the applicable Series A Redemption Dates shall be repaid, together with any interest or other earnings thereon, to the Company, and after any such place on or about repayment, the date fixed in such redemption notice (which may not be later than holders of the redemption date) against shares entitled to the funds so repaid to the Company shall look only to the Company for payment of the 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 Series A Redemption Price without interest or trust company to the Partnershipother earnings.
Appears in 1 contract
Samples: Omnibus Contribution and Partial Interest Assignment Agreement (Parkway, Inc.)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 B Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such 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 B Preferred Units to be redeemed and if fewer than all of the outstanding Series B Preferred Units are to be redeemed, the number of Series F 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 B Preferred Units that the total number of Series B Preferred Units held by such holder represents) of the aggregate number of Series B Preferred Units to be redeemed; , (Dd) the place or places where the such Series F B Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series F B Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series B Preferred Units upon surrender of the Series B Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 B Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F B Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the redemption notice will continue 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 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 in such redemption notice (which may not be later than the redemption date) against payment of the 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.accumulate
Appears in 1 contract
Samples: Agreement of Limited Partnership (Amb Property Corp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given by in writing to the General Partner Partner, as holder of the Series A Preferred Interests, not less than three nor more than 60 days prior to the Partnership concurrently with redemption date. No failure to give such notice or any defect 88 thereto or in the notice mailing thereof shall affect the validity of the General Partner sent proceedings for the redemption of any Series A Preferred Interests.
(ii) In addition to the holders of its REIT Series F Preferred Shares in connection with any information required by law, such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F A Preferred Units Interests to be redeemed; (D) the place or places where the Series F A Preferred Units Interests are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F Preferred Units interests to be redeemed will cease to accumulate accrue on such redemption date. If less than all of the Series F A Preferred Units Interests are to be redeemed, the notice mailed to the General Partner shall also specify the number of Series F A Preferred Units Interests to be redeemed.
(2iii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the If notice of redemption of any Series A Preferred Interests has been given and thereupon if the funds necessary for such redemption price have been set aside by the Partnership in trust for the benefit 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 certificatePartner, if anyas holder of the Series A Preferred Interests so called for redemption, shall be canceled. 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 Units.
(3) From then from and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall will cease to accumulate 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 A Preferred Interests to be redeemed, shall surrender such Series A Preferred Interests at the place designated in such notice and, upon surrender in accordance with said notice of the Series A Preferred Interests so redeemed (pursuant to an instrument of surrender in a form determined by the Partnership), such Series A Preferred Interests shall be redeemed by the Partnership at the redemption price thereof (including all accumulated plus any accrued and unpaid distributions up to but excluding payable upon such redemption. In case less than all the redemption date)Series A Preferred Interests are redeemed, shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, an instrument (in a form determined by the Partnership, prior to a redemption date, may irrevocably deposit ) setting forth the redemption price (including accumulated and unpaid distributions to but not including the redemption date) number of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the redemption notice to unredeemed interests owned by the General Partner shall (A) state be executed by the date of such deposit, (B) specify the office of such bank or trust company as the place of payment of the redemption price Partnership and (C) require the General Partner to surrender the certificatesPartner, if anyas such holder, representing such Series F Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the redemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed duplicate, with a copy retained 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 Partnershipeach 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:
(1i) Notice of redemption will be given mailed, postage prepaid, or sent by electronic transmission, by or on behalf of the Company not less than 15 nor more than 60 days prior to the redemption date, addressed to the respective holders of record of the Series A Preferred Units to be redeemed at their respective mailing or e-mail addresses as they appear on the units transfer records of the Company. No failure to give such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any units of Series A Preferred Units except as to the holder to whom notice was defective or not given.
(ii) In addition to any information required by law or by the General Partner applicable rules of any exchange upon which Series A Preferred Units may be listed or admitted to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F Preferred Shares in connection with trading, such redemption. Such notice shall state: (A) the redemption date; (B) the redemption priceRedemption Price; (C) the number of units of Series F A Preferred Units to be redeemed; (D) the place or places where the Series F A Preferred Units are to be surrendered (if so required in the notice) for payment of the redemption priceRedemption Price; and (E) that distributions Distributions on the Series F Preferred Units units to be redeemed will cease to accumulate accrue on such redemption date. If less than all of the Series F A Preferred Units are held by any holder is to be redeemed, the notice mailed to such holder shall also specify the number of units of Series F A Preferred Units held by such holder to be redeemed.
(2iii) On or If notice of redemption of any units of Series A Preferred Units has been given and if the funds necessary for such redemption have been set aside by the Company in trust for the benefit of the holders of any units of Series A Preferred Units so called for redemption, then, from and after the redemption date, the General Partner shall present and surrender the certificatesDistributions will cease to accrue on such units of Series A Preferred Units, if any, representing the such units of Series F A Preferred Units to the Partnership at the place designated in the notice of redemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall no longer be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. 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 Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate deemed outstanding and all rights of the General Partnerholders of such units will terminate, except the right to receive the redemption price thereof Redemption Price. Holders of Series A Preferred Units to be redeemed shall surrender such units of Series A Preferred Units at the place designated in such notice and, upon surrender in accordance with said notice of the certificates for units of Series A Preferred Units so redeemed (including all accumulated properly endorsed or assigned for transfer, if the Company shall so require and unpaid distributions up to but excluding the redemption datenotice shall so state), shall cease and terminate, and such units of Series F A Preferred Units shall not be deemed to be outstanding for any purpose whatsoeverredeemed by the Company at the Redemption Price. At its election, In case less than all the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) units of the Series F A Preferred Units so called for redemption in trust for represented by any such certificate are redeemed, a new certificate or certificates shall be issued evidencing the General Partner unredeemed units of Series A Preferred Units without cost to the holder thereof.
(iv) The deposit of funds with a bank or trust company, in which case corporation for the redemption notice to the General Partner purpose of redeeming Series A Preferred Units shall be irrevocable except that:
(A) state the date of such deposit, (B) specify the office of Company shall be entitled to receive from such bank or trust company as corporation the place of payment of the redemption price and (C) require the General Partner to surrender the certificatesinterest or other earnings, if any, representing earned on any money so deposited in trust, and the holders of any units redeemed shall have no claim to such Series F Preferred Units at such place on interest or about the date fixed in such redemption notice other earnings; and
(which may not be later than the redemption dateB) against payment any balance of the redemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain by the Company and unclaimed by the General Partner holders of the Series A Preferred Units entitled thereto at the end expiration of two years after from the applicable redemption date dates shall be returned by such bank repaid, together with any interest or trust company other earnings thereon, to the PartnershipCompany, 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 without interest or other earnings.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Reckson Operating Partnership Lp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, ------------------------- and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 B Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Am) the redemption date; , (Bn) the redemption price; Redemption Price, (Co) the aggregate number of Series B Preferred Units to be redeemed and if fewer than all of the outstanding Series B Preferred Units are to be redeemed, the number of Series F 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 B Preferred Units the total number of Series B Preferred Units held by such holder represents) of the aggregate number of Series B Preferred Units to be redeemed; , (Dp) the place or places where the such Series F B Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Eq) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (r) that payment of the Redemption Price will be made upon presentation and surrender of such Series F B Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series B Preferred Units upon surrender of the Series B Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series B Preferred Units are evidenced by a certificate and if fewer than all the Series B Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series B Preferred Units, evidencing the unredeemed Units.
(3) From Series B Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 B Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated next succeeding day that is a Business 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F B Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Samples: Second Restated Agreement of Limited Partnership (Bradley Operating L P)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) ------------------------- faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 A Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such 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 A Preferred Units to be redeemed and if fewer than all of the outstanding Series A Preferred Units are to be redeemed, the number of Series F 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 A Preferred Units that the total number of Series A Preferred Units held by such holder represents) of the aggregate number of Series A Preferred Units to be redeemed; , (Dd) the place or places where the such Series F A Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series F A Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the holders of the Series F 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 Partnership holders of the Series A Preferred Units upon surrender of the Series A Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 A Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F A Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Samples: Agreement of Limited Partnership (National Golf Properties Inc)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series N 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 N Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law each such notice shall state: (Am) the redemption date; , (Bn) the redemption price; Series N Redemption Price, (Co) the aggregate number of Series F N 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 F N Preferred Units are to shall be surrendered delivered for payment of the redemption price; Series N Redemption Price, (Eq) that distributions on the Series F N Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (r) that payment of the Series F N Redemption Price will be made upon presentation of evidence of the surrender of such Series N Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedas set forth in Section 5(b)(ii) below.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series N Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units Partnership will deliver into escrow with an escrow agent acceptable to the Partnership at and the place designated in holders of the notice of redemption and thereupon the redemption price of such Series N Preferred Units (including all accumulated the “Escrow Agent”) the Series N Redemption Price and unpaid distributions up an executed Redemption Agreement, in substantially the form attached hereto as Exhibit A (the “Redemption Agreement”), and an Amendment to but excluding the Agreement of Limited Partnership evidencing the redemption, in substantially the form attached hereto as Exhibit B. The holders of the Series N Preferred Units shall also, by 12:00 noon, New York City time, on the redemption date) shall be paid , deliver into escrow with the Escrow Agent an executed Redemption Agreement and an executed Amendment to the General Partner and each surrendered Unit certificateAgreement of Limited Partnership evidencing the redemption. Upon delivery of all of the above-described items by both parties, if any, Escrow Agent shall be canceled. If fewer than all release the Units represented by any such certificate representing Series F N Redemption Price to the holders of the Series N Preferred Units are and the fully-executed Redemption Agreement and Amendment to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From Agreement of Limited Partnership to both parties. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series N Preferred Units called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series N Preferred Units is not a Business Day, then payment of the redemption price), all distributions Series N Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series N Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F N Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Series N Redemption Price.
Appears in 1 contract
Samples: Agreement of Limited Partnership (Ps Business Parks Inc/Ca)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 F Preference Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; , (B2) the redemption price; Redemption Price, (C3) the aggregate number of Series F Preference Units to be redeemed and if fewer than all of the outstanding Series F Preference Units are to be redeemed, the number of Series F Preferred Preference 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 F Preference Units the total number of Series F Preference Units held by such holder represents) of the aggregate number of Series F Preference Units to be redeemed; , (D4) the place or places where the Series F Preferred Preference Units are to be surrendered for payment of the redemption price; Redemption Price, (E5) that distributions on the Series F Preferred Preference Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (6) that payment of the Redemption Price will be made upon presentation and surrender of such Series F Preferred Units are to be redeemed, Preference Units.
(ii) If the Partnership gives a notice shall also specify the number of redemption in respect of Series F Preferred Preference Units to (which notice will be redeemed.
(2irrevocable) On or after then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F Preferred 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 Partnership holders of the Series F Preference Units upon surrender of the Series F Preference Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series F Preference Units are evidenced by a certificate and if fewer than all the Series F Preference Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series F Preference Units, evidencing the unredeemed Units.
(3) From Series F Preference Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 F Preference Units is not a Business Day, then payment of the redemption price)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, all 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 otherwise not paid by the Partnership, distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Preference Units shall not be deemed will continue to be outstanding for any purpose whatsoever. At its election, accumulate from the Partnership, prior original redemption date to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) date of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust companypayment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Procedures for Redemption. The following provisions set forth (i) Upon the procedures for Company’s provision of written notice as to the effective date of the redemption:
(1) Notice , accompanied by a check in the amount of redemption 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 given by first class mail, postage pre-paid, to each record holder of the General Partner Preferred Units at the respective mailing addresses of such holders as the same shall appear in the records of the Company. No failure to give such notice or any defect therein or in the mailing thereof shall affect the validity of the proceedings for the redemption of any Preferred Units except as to the Partnership concurrently with the holder to whom notice of the General Partner sent was defective or not given.
(ii) In addition to the holders of its REIT Series F Preferred Shares in connection with any information required by law, such redemption. Such notice shall state: (A) the redemption date; (B) the redemption priceRedemption Price; (C) the number of Series F Preferred Units to be redeemed; and (D) the place or places where the Series F Preferred Units are to be surrendered for payment of the redemption price; (E) that distributions on the Series F Preferred Units units to be redeemed will cease to accumulate accrue on such redemption date. If less than all of the Series F Preferred Units held by any holder are to be redeemed, the notice mailed to such holder shall also specify the number of Series F Preferred Units held by such holder to be redeemed.
(2iii) On or 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, then, from and after the redemption date, the General Partner shall present and surrender the certificatesdistributions will cease to accrue on such Preferred Units, if any, representing the Series F such Preferred Units to the Partnership at the place designated in the notice of redemption and thereupon the redemption price of such Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall no longer be paid to the General Partner and each surrendered Unit certificate, if any, shall be canceled. 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 Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate deemed outstanding and all rights of the General Partnerholders of such units will terminate, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding Redemption Price. Since the redemption date), shall cease and terminate, and such Series F Preferred Units are uncertificated, such units shall not be deemed to be outstanding for any purpose whatsoever. At its election, redeemed in accordance with the Partnership, prior to a redemption date, may irrevocably deposit notice and no further action on the redemption price (including accumulated and unpaid distributions to but not including the redemption date) part of the Series F Preferred Units so called for redemption in trust for the General Partner holders of such units shall be required.
(iv) The deposit of funds with a bank or trust company, in which case corporation for the redemption notice to purpose of redeeming the General Partner Preferred Units shall be irrevocable except that:
(A) state the date of such deposit, (B) specify the office of Company shall be entitled to receive from such bank or trust company as corporation the place of payment of the redemption price and (C) require the General Partner to surrender the certificatesinterest or other earnings, if any, representing earned on any money so deposited in trust, and the holders of any units redeemed shall have no claim to such Series F 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 repaid, together with any interest or other earnings thereon, to the Company, and after any such place on or about repayment, the date fixed in such redemption notice (which may not be later than holders of the redemption date) against units entitled to the funds so repaid to the Company shall look only to the Company for payment of the 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 Redemption Price without interest or trust company to the Partnershipother earnings.
Appears in 1 contract
Samples: Limited Partnership Agreement (Inland Real Estate Corp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1) Notice of redemption will be given by the General Partner Managing Member to the Partnership Company concurrently with the notice of the General Partner Managing Member sent to the holders of its REIT Series F H Preferred Shares in connection with such redemption. Such notice shall state: (Ai) the redemption date; (Bii) the redemption price; (Ciii) the number of Series F H Preferred Units to be redeemed; (Div) the place or places where the Series F H Preferred Units are to be surrendered for payment of the redemption price; and (Ev) that distributions on the Series F H Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F H Preferred Units are to be redeemed, the notice shall also specify the number of Series F H Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner Managing Member shall present and surrender the certificates, if any, representing the Series F H Preferred Units to the Partnership Company at the place designated in the notice of redemption 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 Managing Member and each surrendered Unit certificate, if any, shall be canceled. If fewer than all the Units represented by any such certificate representing Series F H Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Unitsshares.
(3) From and after the redemption date (unless the Partnership Company defaults in payment of the redemption price), all distributions on the Series F H Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the General PartnerManaging Member, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to to, but excluding not including, the redemption date), shall cease and terminate, and such Series F H Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, the PartnershipCompany, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the Series F H Preferred Units so called for redemption in trust for the General Partner Managing Member with a bank or trust company, in which case the redemption notice to the General Partner Managing Member shall (Ai) state the date of such deposit, (Bii) specify the office of such bank or trust company as the place of payment of the redemption price and (Ciii) require the General Partner Managing Member to surrender the certificates, if any, representing such Series F H Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the redemption price (including all accumulated and unpaid distributions to as the redemption date). Any monies so deposited which remain unclaimed by the General Partner Managing Member at the end of two years after the redemption date shall be returned by such bank or trust company to the PartnershipManaging Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Sunstone Hotel Investors, Inc.)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given -------------------------- (i) faxed (if the holder of the Series B Preferred Units shall have provided the Partnership with such holder's fax number) and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 B Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Ai) the redemption date; , (Bii) the redemption price; Redemption Price, (Ciii) the aggregate number of Series B Preferred Units to be redeemed and if fewer than all of the outstanding Series B Preferred Units are to be redeemed, the number of Series F B Preferred Units to be redeemed; redeemed held by such holder, (Div) the place or places where the such Series F B Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ev) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (vi) that payment of the Redemption Price will be made upon presentation and surrender of such Series F B Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present Partnership will deposit irrevocably in trust for the benefit of the Series B Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price, plus any accumulated and surrender the certificatesunpaid distributions, whether or not declared, if any, representing on such units to the date fixed for redemption, without interest, and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series F B Preferred Units to upon surrender of the Partnership Series B Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series B Preferred Units are evidenced by a certificate and if fewer than all the Series B Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series B Preferred Units, evidencing the unredeemed Units.
(3) From Series B Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series B Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment of the redemption price)thereof, all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate units will no longer be deemed outstanding, and all rights of the General Partner, holders thereof as holders of Series B Preferred Units will cease (except the right to receive the redemption price thereof (including all accumulated Redemption Price and any accrued and unpaid distributions up to but excluding upon surrender and endorsement of the certificates evidencing the Series B Preferred Units, if any). If any date fixed for redemption date), shall cease and terminate, and such of Series F B Preferred Units shall is not a Business Day, then payment of the Redemption Price payable on such date will be deemed to made on the next succeeding day that is a Business 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 outstanding made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for any purpose whatsoeverredemption. At its election, 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 to but not including the redemption date) of the on such Series F B Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Samples: Limited Partnership Agreement (Prentiss Properties Trust/Md)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) ------------------------- faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 A Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such 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 A Preferred Units to be redeemed and if fewer than all of the outstanding Series A Preferred Units are to be redeemed, the number of Series F 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 A Preferred Units that the total number of Series A Preferred Units held by such holder represents) of the aggregate number of Series A Preferred Units to be redeemed; , (Dd) the place or places where the such Series F A Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series F A Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the holders of the Series F 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 Partnership holders of the Series A Preferred Units upon surrender of the Series A Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 A Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F A Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Samples: Limited Partnership Agreement (National Golf Properties Inc)
Procedures for Redemption. The following provisions set forth If the procedures for redemption:
(1) Notice Partnership gives a notice of redemption in respect of Series D Preferred Units (which notice will be given by irrevocable) then the General Partner Partnership's obligation to make available the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F Preferred Shares in connection with such redemption. Such notice Redemption Price shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F Preferred Units to be redeemed; (D) the place deemed fulfilled if, on or places where the Series F Preferred Units are to be surrendered for payment of the redemption price; (E) that distributions on the Series F Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed.
(2) On or after before the redemption date, the General Partner shall present and surrender Partnership pays each holder of Series D Preferred Units in cash directly or the certificates, if any, representing Partnership deposits irrevocably in trust for the benefit of the Series F D Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price with irrevocable instructions and authority to pay such Redemption Price to the Partnership holders of the Series D Preferred Units upon surrender of the Series D Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series D Preferred Units are evidenced by a certificate and if fewer than all the Series D Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series D Preferred Units, evidencing the unredeemed Units.
(3) From Series D Preferred Units without cost to the holder thereof. On and after the redemption date date, (unless the Partnership defaults in payment of the redemption price), all i) distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate on the Series 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 General Partner, holders thereof as holders of Series D Preferred Units shall cease (except the right to receive the redemption price thereof (including all Redemption Price and any accumulated and unpaid distributions up to but excluding the redemption datedistributions), shall cease and terminate, and such unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series F D Preferred Units shall is not a Business Day, then payment of the Redemption Price payable on such date will be deemed to 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 outstanding made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixd for any purpose whatsoeverredemption. At its election, If payment of the Redemption Price is improperly withheld or not paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F D Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment applicable Redemption Price. No interest shall accrue for the benefit of the redemption price (including all accumulated and unpaid distributions holders of the Series D Preferred Units to the redemption date). Any monies so deposited which remain unclaimed be redeemed on any cash set aside by the General Partner 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 be returned by such bank or trust company 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. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, ------------------------- and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 C Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Am) the redemption date; , (Bn) the redemption price; Redemption Price, (Co) the aggregate number of Series C Preferred Units to be redeemed and if fewer than all of the outstanding Series C Preferred Units are to be redeemed, the number of Series F 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 C Preferred Units the total number of Series C Preferred Units held by such holder represents) of the aggregate number of Series C Preferred Units to be redeemed; , (Dp) the place or places where the such Series F C Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Eq) that distributions on the Series F C Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (r) that payment of the Redemption Price will be made upon presentation and surrender of such Series F C Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series C Preferred Units upon surrender of the Series C Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series C Preferred Units are evidenced by a certificate and if fewer than all the Series C Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series C Preferred Units, evidencing the unredeemed Units.
(3) From Series C Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 C Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated next succeeding day that is a Business 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F C Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Samples: Second Restated Agreement of Limited Partnership (Bradley Operating L P)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) ------------------------- faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective Holders of record of the General Partner sent Series 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 C Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with Holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Aa) the redemption date; , (Bb) the redemption price; Series C Redemption Price, (Cc) the aggregate number of Series C Preferred Units to be redeemed and if fewer than all of the outstanding Series C Preferred Units are to be redeemed, the number of Series F 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 C Preferred Units that the total number of Series C Preferred Units held by such Holder represents) of the aggregate number of Series C Preferred Units to be redeemed; , (Dd) the place or places where the such Series F C Preferred Units are to be surrendered for payment of the redemption price; Series C Redemption Price, (Ee) that distributions on the Series F C Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Series F C Redemption Price will be made upon presentation and surrender of such Series C Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership Holders of the Series C Preferred Units upon surrender of the Series C Preferred Units by such Holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 C Preferred Units is not a Business Day, then payment of the redemption price), all distributions Series C Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series C Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F C Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Series C Redemption Price.
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Procedures for Redemption. The following provisions set forth the procedures for redemptionRedemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F S Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F S Preferred Units to be redeemed; (D) the place or places where the Series F S Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F S Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F S Preferred Units are to be redeemed, the notice shall also specify the number of Series F S Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F S Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F S Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Unitsshares.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F S Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F S Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F S Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
Appears in 1 contract
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed and (B) mailed by the General Partner holders of Series B Preferred Units, by certified mail, postage prepaid, to the Partnership concurrently so that notice is received by the Partnership within the periods set forth herein and in accordance with the provisions hereof. Each such notice of the General Partner sent to the holders of its REIT Series F Preferred Shares in connection with such redemption. Such notice shall stateshall: (A1) state the redemption date; (B) the redemption price; (C) the aggregate number of Series F Preferred Units to be redeemed; (D) the place or places where the Series F Preferred Units are to be surrendered for payment of the redemption price; (E) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less and if fewer than all of the outstanding Series F B Preferred Units are to be redeemed, the notice shall also specify the number of Series F B Preferred Units to be redeemedredeemed 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 B Preferred Units the total number of Series B Preferred Units held by such holder represents) of the aggregate number of Series B Preferred Units to be redeemed and (2) refer to the specific subsection of this Section 17.5 pursuant to which such redemption is being effected. Any such notice shall be irrevocable.
(2ii) On or after By 12:00 noon, New York City time, on the redemption date, the General Partner shall present 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 surrender the certificates, if any, representing Partnership) for the benefit of the Series F B Preferred Units being redeemed funds sufficient to pay the Series B Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B Redemption Price to the Partnership holders of the Series B Preferred Units upon surrender of the Series B Preferred Units by such holders at the place designated in by the notice of redemption 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 canceledPartnership. If the Series B Preferred Units are evidenced by a certificate and if fewer than all the Series B Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series B Preferred Units, evidencing the unredeemed Units.
(3) From Series B Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series B Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment of the Series B Redemption Price. If any date fixed for redemption price)of Series B Preferred Units is not a Business Day, all distributions then payment of the Series B Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series B Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F B Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 PartnershipSeries B Redemption Price.
Appears in 1 contract
Samples: Limited Partnership Agreement (Sun Communities Inc)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent to the holders of its REIT Series F Preferred Shares Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in connection with such redemptionnotice or in the transmission thereof shall affect the validity of the proceedings for the redemption of any Series F Preferred Units except as to the holder to whom such notice was defective or not given or received. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; (B2) the redemption priceRedemption Price; (C3) the aggregate number of Series F Preferred Units to be redeemed and if fewer than all of the outstanding Series F Preferred Units are to be redeemed, the number of Series 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 F Preferred Units the total number of Series F Preferred Units held by such holder represents) of the aggregate number of Series F Preferred Units to be redeemed; (D4) the place or places where the Series F Preferred Units are to be surrendered for payment of the redemption priceRedemption Price; (E5) that distributions on the Series F 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 F Preferred Units.
(ii) If less than all the Partnership gives a notice of redemption in respect of Series 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 F Preferred Units are being redeemed funds sufficient to be redeemed, pay the notice shall also specify applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the number holders of Series F Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to upon surrender of the Partnership Series F Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If fewer than all the Units represented by any such certificate representing Series F Preferred Units are to be 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 representing issued, upon surrender of the certificate evidencing all Series F Preferred Units, evidencing the unredeemed Units.
(3) From Series F Preferred Units without cost to the holder thereof. On and after the redemption date (unless the Partnership defaults in payment of the redemption price)such redemption, all distributions will cease to accumulate on the Series F Preferred Units designated or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption in such notice shall cease to accumulate and all rights of Series F Preferred Units is not a Business Day, then payment of the General PartnerRedemption 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, except if such Business Day falls in the right to receive next calendar year, such payment will be made on the redemption price thereof (including all accumulated immediately preceding Business Day, in each case with the same force and unpaid 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 up to but excluding the redemption date), shall cease and terminate, and on such Series F Preferred Units shall not be deemed will continue to be outstanding for any purpose whatsoever. At its election, accumulate from the Partnership, prior original redemption date to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) date of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust companypayment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Samples: Second Restated and Amended Agreement of Limited Partnership (Liberty Property Limited Partnership)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given by the General Partner Company not less than 15 nor more than 60 days prior to the Partnership concurrently with Redemption Date, addressed to the notice respective holders of record of the General Partner sent Preferred Units to be redeemed. No failure to give such notice or any defect thereof or in the sending thereof shall affect the validity of the proceedings for the redemption of any of the Preferred Units, except as to the holders holder to whom notice was defective or not given. Any redemption shall be effective upon receipt of its REIT Series F Preferred Shares in connection with the required payment regardless of whether it is accompanied by the notice.
(ii) In addition to any information required by law, such redemption. Such notice shall state: (A) the redemption dateRedemption Date; (B) the redemption priceRedemption Price; (C) the number of Series F Preferred Units to be redeemed; (D) the place or places where the Series F Preferred Units are to be surrendered (if so required in the notice) for payment of the redemption priceRedemption Price; and (E) that distributions on the Series F Preferred Units to be redeemed will cease to accumulate accrue on such redemption dateRedemption Date. If less than all of the Series F Preferred Units are held by any holder is to be redeemed, the notice sent to such holder shall also specify the number of Series F Preferred Units held by such holder to be redeemed.
(2iii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the If notice of redemption and thereupon of any of 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. If fewer than all the Units represented by any such certificate representing Series F Preferred Units are to be redeemedhas been given and if the funds necessary for such redemption have been set aside by the Company in trust for the benefit of the holders of any of the Preferred Units so called for redemption, a new certificate shall be issued representing the unredeemed Units.
(3) From then, from and after the redemption date (unless the Partnership defaults in payment of the redemption price)Redemption Date, all distributions will cease to accrue on the Series F such Preferred Units, such Preferred Units designated for redemption in such notice shall cease to accumulate no longer be deemed outstanding and all rights of the General Partnerholders of such Preferred Units will terminate, except the right to receive the redemption price thereof (including all accumulated and unpaid distributions up to but excluding Redemption Price. Holders of the redemption date), shall cease and terminate, and such Series F Preferred Units shall not 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 to but not including the redemption date) of the Series F redeemed shall surrender such Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 at the place designated in such notice and, upon surrender in accordance with said notice of payment of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F for the Preferred Units so redeemed (properly endorsed or assigned for transfer, if the Company shall so require and the notice shall so state), such Preferred Units shall be redeemed by the Company at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the redemption price (including all accumulated Redemption Price and any accrued and unpaid distributions to payable upon such redemption.
(iv) The deposit of funds with a bank or trust company for the redemption date). Any monies so deposited which remain unclaimed by purpose of redeeming the General Partner at the end of two years after the redemption date Preferred Units shall be returned by irrevocable except that:
(A) The Company 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 holder of any shares redeemed shall have no claim to such interest or other earnings; and
(B) Any balance of money 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 Date shall be paid, together with any interest or other earnings earned thereon, to the PartnershipCompany, and after any such repayment, the holders of the Preferred Units entitled to the funds so repaid to the Company shall look only to the Company for payment without interest or other earnings.
Appears in 1 contract
Samples: Limited Liability Company Agreement (American Hospitality Properties REIT, Inc.)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 G Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law each such notice shall state: (Am) the redemption date; , (Bn) the redemption price; Series G Redemption Price, (Co) the aggregate number of Series F G 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 F G Preferred Units are to shall be surrendered delivered for payment of the redemption price; Series G Redemption Price, (Eq) that distributions on the Series F G Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (r) that payment of the Series F G Redemption Price will be made upon presentation of evidence of the surrender of such Series G Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedas set forth in Section 5(b)(ii) below.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series G Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units Partnership will deliver into escrow with an escrow agent acceptable to the Partnership at and the place designated in holders of the notice of redemption and thereupon the redemption price of such Series G Preferred Units (including all accumulated the “Escrow Agent”) the Series G Redemption Price and unpaid distributions up an executed Redemption Agreement, in substantially the form attached hereto as Exhibit A (the “Redemption Agreement”), and an Amendment to but excluding the Agreement of Limited Partnership evidencing the redemption, in substantially the form attached hereto as Exhibit B. The holders of the Series G Preferred Units shall also, by 12:00 noon, New York City time, on the redemption date) shall be paid , deliver into escrow with the Escrow Agent an executed Redemption Agreement and an executed Amendment to the General Partner and each surrendered Unit certificateAgreement of Limited Partnership evidencing the redemption. Upon delivery of all of the above-described items by both parties, if any, Escrow Agent shall be canceled. If fewer than all release the Units represented by any such certificate representing Series F G Redemption Price to the holders of the Series G Preferred Units are and the fully-executed Redemption Agreement and Amendment to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From Agreement of Limited Partnership to both parties. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series G Preferred Units called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series G Preferred Units is not a Business Day, then payment of the redemption price), all distributions Series G Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series G Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F G Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Series G Redemption Price.
Appears in 1 contract
Samples: Agreement of Limited Partnership (Ps Business Parks Inc/Ca)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner partnership, be certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series A Preferred Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in such noticed shall affect the validity of the proceedings for the redemption of any Series A Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Ai) the redemption date; , (Bii) the redemption price; Redemption Price, (Ciii) the aggregate number of Series A Preferred Units to be redeemed and if fewer than all of the outstanding Series A Preferred Units are to be redeemed, the number of Series F 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 A Preferred Units the total number of Series A Preferred Units held by such holder represents) of the aggregate number of Series A Preferred Units to be redeemed; , (Div) the place or places where the such Series F A Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ev) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (vi) that payment of the Redemption Price will be made upon presentation and surrender of such Series F A Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series A Preferred Units upon surrender of the Series A Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series A Preferred Units are evidenced by a certificate and if fewer than all the Series A Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series A Preferred Units, evidencing the unredeemed Units.
(3) From Series A Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 A Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F A Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Samples: Amendment to the Amended and Restated Agreement of Limited Partnership (Cp LTD Partnership)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of any redemption will be given mailed by the General Partner Trust, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with the notice of the General Partner sent Series A Redemption Date, addressed to the holders of its REIT record of the Series F A Preferred Shares to be redeemed at their addresses as they appear on the share transfer records of the Trust. No failure to give such notice or any defect therein or in connection with the mailing thereof shall affect the validity of the proceedings for the redemption of any Series A Preferred Shares except as to the holder to whom the Trust has failed to give notice or except as to the holder to whom notice was defective. In addition to any information required by law or by the applicable rules of any exchange upon which Series A Preferred Shares may be listed or admitted to trading, such redemption. Such notice shall state: (Aa) the redemption dateSeries A Redemption Date; (Bb) the redemption priceSeries A Redemption Price; (Cc) the number of Series F A Preferred Units Shares to be redeemed; (Dd) the place or places where the Series F Preferred Units certificates for such shares are to be surrendered for payment of the redemption priceSeries A Redemption Price; (Ee) that distributions dividends on the Series F Preferred Units shares to be redeemed will cease to accumulate on the Series A Redemption Date; and (f) the date on which conversion rights shall expire, the conversion price and the place or places where certificates for such shares are to be surrendered for conversion.
(ii) If notice has been mailed in accordance with subparagraph (5)(B)(i) above and provided that on or before the Series A Redemption Date specified in such notice all funds necessary for such redemption date. If less than all shall have been irrevocably set aside by the Trust, separate and apart from its other funds in trust for the pro rata benefit of the holders of the Series F A Preferred Units are Shares so called for redemption, so as to be, and to continue to be redeemedavailable therefor, then, from and after the Series A Redemption Date, dividends on the 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 A Preferred Shares and all rights of the holders thereof as shareholders of the Trust (except the right to receive the Series A Redemption 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 also specify so state), such Series A Preferred Shares shall be redeemed by the number of Series F Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing Trust at the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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 canceledA Redemption Price. If In case fewer than all the Units Series A Preferred Shares represented by any such certificate representing Series F Preferred Units are to be redeemed, a new certificate or certificates shall be issued representing the unredeemed UnitsSeries A Preferred Shares without cost to the holder thereof.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner Any funds deposited with a bank or trust company, in which case company for the redemption notice purpose of redeeming Series A Preferred Shares shall be irrevocable except that:
(a) the Trust shall be entitled to the General Partner shall (A) state the date of such deposit, (B) specify the office of receive from such bank or trust company as the place of payment of the redemption price and (C) require the General Partner to surrender the certificatesinterest or other earnings, if any, representing earned on any money so deposited in trust, and 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 Trust and unclaimed by the holders of the Series F A Preferred Units Shares entitled thereto at the expiration of two years from the applicable Series A Redemption Date shall be repaid, together with any interest or other earnings earned thereon, to the Trust, and after any such place on repayment, the holders of the shares entitled to the funds so repaid to the Trust shall look only to the Trust for payment without interest or about other earnings.
(iv) No Series A Preferred Shares may be redeemed except with funds legally available for the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the redemption price Series A Redemption Price.
(including v) Unless full accumulated dividends on all accumulated Series A Preferred Shares shall have been or contemporaneously are declared and unpaid distributions paid or declared and a sum sufficient for the payment thereof set apart for payment for all past Dividend Periods and the then current Dividend Period, no Series A Preferred Shares shall be redeemed (unless all outstanding Series A Preferred Shares are simultaneously redeemed) or purchased or otherwise acquired directly or indirectly (except by conversion into or exchange for capital shares of the Trust ranking junior to the redemption dateSeries A Preferred Shares as to dividends and upon liquidation). Any monies so deposited which remain unclaimed by ; provided, however, that the General Partner at the end of two years after foregoing shall not prevent the redemption date shall be returned by such bank of Series A Preferred Shares pursuant to Article VII of the Declaration of Trust or trust company the purchase or acquisition of Series A Preferred Shares pursuant to a purchase or exchange offer made on the Partnershipsame terms to holders of all outstanding shares of Series A Preferred Shares.
Appears in 1 contract
Samples: Merger Agreement (Equity Residential Properties Trust)
Procedures for Redemption. The following provisions set forth If the procedures for redemption:
(1) Notice Partnership gives a notice of redemption in respect of Series C Preferred Units (which notice will be given by irrevocable) then the General Partner Partnership's obligation to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F Preferred Shares in connection with such redemption. Such notice shall state: (A) make available the redemption date; (B) the redemption price; (C) the number of Series F Preferred Units to price shall be redeemed; (D) the place deemed fulfilled if, on or places where the Series F Preferred Units are to be surrendered for payment of the redemption price; (E) that distributions on the Series F Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed.
(2) On or after before the redemption date, the General Partner shall present and surrender Partnership pays each holder of Series C Preferred Units in cash directly or the certificates, if any, representing Partnership deposits irrevocably in trust for the benefit of the Series F C Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price with irrevocable instructions and authority to pay such Redemption Price to the Partnership holders of the Series C Preferred Units upon surrender of the Series C Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series C Preferred Units are evidenced by a certificate and if fewer than all the Series C Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series C Preferred Units, evidencing the unredeemed Units.
(3) From Series C Preferred Units without cost to the holder thereof. On and after the redemption date date, (i) distributions shall cease to accumulate on the Series C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment of the redemption price)thereof, all distributions on the Series F Preferred Units designated for redemption in (ii) such notice units shall cease no longer be deemed to accumulate be outstanding and (iii) all rights of the General Partner, holders thereof as holders of Series C Preferred Units shall cease (except the right to receive the redemption price thereof (including all and any accumulated and unpaid distributions up to but excluding the redemption datedistributions), shall cease and terminate, and such unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series F C Preferred Units shall is not a Business Day, then payment of the Redemption Price payable on such date will be deemed to 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 outstanding made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for any purpose whatsoeverredemption. At its election, If payment of the Redemption Price is improperly withheld or refused ad not paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F C Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
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:
(1i) Notice of redemption will be given (i) ------------------------- faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 A Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Ai) the redemption date; , (Bii) the redemption price; Redemption Price, (Ciii) the aggregate number of Series A Preferred Units to be redeemed and if fewer than all of the outstanding Series A Preferred Units are to be redeemed, the number of Series F 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 A Preferred Units the total number of Series A Preferred Units held by such holder represents) of the aggregate number of Series A Preferred Units to be redeemed; , (Div) the place or places where the such Series F A Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ev) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (vi) that payment of the Redemption Price will be made upon presentation and surrender of such Series F A Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series A Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series A Preferred Units upon surrender of the Series A Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 A Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated next succeeding day that is a Business 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F A Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 B Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such 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 B Preferred Units to be redeemed and if fewer than all of the outstanding Series B Preferred Units are to be redeemed, the number of Series F 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 B Preferred Units that the total number of Series B Preferred Units held by such holder represents) of the aggregate number of Series B Preferred Units to be redeemed; , (Dd) the place or places where the such Series F B Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series F B Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series B Preferred Units upon surrender of the Series B Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 B Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F B Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1) Notice of redemption will be given by the General Special Limited Partner to the Partnership concurrently with the notice of the General Special Limited Partner sent to the holders of its REIT Series F A Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F A Preferred Units to be redeemed; (D) the place or places where the Series F A Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F A Preferred Units are to be redeemed, the notice shall also specify the number of Series F A Preferred Units to be redeemed.
(2) On or after the redemption date, the General Special Limited Partner shall present and surrender the certificates, if any, representing the Series F A Preferred Units to the Partnership at the place designated in the notice of redemption and thereupon the redemption price of such Partnership Units (including all accumulated and unpaid distributions up to but excluding the redemption date) shall be paid to the General Special Limited Partner and each surrendered Partnership Unit certificate, if any, shall be canceled. If fewer than all the Partnership Units represented by any such certificate representing Series F A Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Partnership Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F A Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the General Special Limited 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 F A Preferred Units shall not 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 to but not including the redemption date) of the Series F A Preferred Units so called for redemption in trust for the General Special Limited Partner with a bank or trust company, in which case the redemption notice to the General Special Limited Partner shall (A) state the date of such deposit, (B) specify the office of such bank or trust company as the place of payment of the redemption price and (C) require the General Special Limited Partner to surrender the certificates, if any, representing such Series F A Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the redemption price (including all accumulated and unpaid distributions to the redemption date). Any monies so deposited which remain unclaimed by the General Special Limited 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 (Spirit Realty, L.P.)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F E Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F E Preferred Units to be redeemed; (D) the place or places where the Series F E Preferred Units are to be surrendered for payment of the redemption price; (E) that distributions on the Series F E Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F E Preferred Units are to be redeemed, the notice shall also specify the number of Series F E Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F E Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F E Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F E Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F E Preferred Units shall not 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 to but not including the redemption date) of the Series F E Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F E Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
Appears in 1 contract
Samples: Agreement of Limited Partnership (Digital Realty Trust, L.P.)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent 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 holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such 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 F 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; , (Dd) the place or places where the such Series F K Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F K Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series F K Preferred Units. 100
(ii) If the Partnership gives a notice of redemption in respect of Series K Preferred Units are to (which notice will be redeemedirrevocable) then, the notice shall also specify the number of Series F Preferred Units to be redeemed.
(2) On or after by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership 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 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 canceledredemption. 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 Units.
(3) From On 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), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F K Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Procedures for Redemption. The following provisions set forth (a) Upon the procedures for Trust’s provision of written notice as to the effective date of the redemption:
(1) Notice , accompanied by a check or electronic payment in the amount of redemption the full Redemption Price through such effective date to which each record holder of Series A Preferred Shares is entitled, the Series A Preferred Shares shall be redeemed and shall no longer be deemed outstanding shares of the Trust and all rights of the holders of such shares will terminate. Such notice shall be given by first class mail, postage pre-paid, or via electronic mail to each record holder of the General Partner Series A Preferred Shares at the respective addresses of such holders as the same shall appear on the share transfer records of the Trust. No failure to give such notice or any defect therein or in the distribution thereof shall affect the validity of the proceedings for the redemption of any Series A Preferred Shares except as to the Partnership concurrently with holder to whom notice was defective or not given. Permissible forms of electronic payment pursuant to this paragraph shall include, without limitation, ACH transfers, direct deposits or wire transfers, in each case to be initiated on or before the day on which the related notice is given.
(b) In addition to any information required by law or by the applicable rules of the General Partner sent to the holders of its REIT any exchange upon which Series F A Preferred Shares in connection with may be listed or admitted to trading, such redemption. Such notice shall state: (A) the redemption date; (B) the redemption priceRedemption Price; (C) the number of Series F A Preferred Units Shares to be redeemed; (D) the place or places where the Series F A Preferred Units Shares are to be surrendered (if so required in the notice) for payment of the redemption priceRedemption Price (if not otherwise included with the notice); and (E) that distributions dividends on the Series F Preferred Units shares to be redeemed will cease to accumulate accrue on such redemption date. If less than all of the Series F A Preferred Units are Shares held by any holder is to be redeemed, the notice given to such holder shall also specify the number of Series F A Preferred Units Shares held by such holder to be redeemed.
(2c) On or If notice of redemption of any Series A Preferred Shares has been given and if the funds necessary for such redemption have been set aside by the Trust for the benefit of the holders of any Series A Preferred Shares so called for redemption, then, from and after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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. 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 Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall dividends will cease to accumulate accrue on such Series A Preferred Shares, such Series A Preferred Shares shall no longer be deemed outstanding and all rights of the General Partnerholders of such shares will terminate, except the right to receive the redemption price thereof Redemption Price. If the Trust shall so require and the notice shall so state, holders of Series A Preferred Shares to be redeemed shall surrender the certificates evidencing such Series A Preferred Shares, to the extent that such shares are certificated, at the place designated in such notice and, upon surrender in accordance with said notice of the certificates for Series A Preferred Shares so redeemed (including all accumulated properly endorsed or assigned for transfer, if the Trust shall so require and unpaid distributions up to but excluding the redemption datenotice shall so state), shall cease and terminate, and such Series F A Preferred Units Shares shall not be deemed to be outstanding for any purpose whatsoeverredeemed by the Trust at the Redemption Price. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) In case less than all of the Series F A Preferred Units so called for redemption Shares evidenced by any such certificate are redeemed, a new certificate or certificates shall be issued evidencing the unredeemed Series A Preferred Shares without cost to the holder thereof. In the event that the Series A Preferred Shares to be redeemed are uncertificated, such shares shall be redeemed in trust for accordance with the General Partner notice and no further action on the part of the holders of such shares shall be required.
(d) The deposit of funds with a bank or trust company, in which case corporation for the redemption notice purpose of redeeming Series A Preferred Shares shall be irrevocable except that:
i. the Trust shall be entitled to the General Partner shall (A) state the date of such deposit, (B) specify the office of receive from such bank or trust company as corporation the place of payment of the redemption price and (C) require the General Partner to surrender the certificatesinterest or other earnings, if any, representing earned on any money so deposited in trust, and the holders of any shares redeemed shall have no claim to such interest or other earnings; and
ii. any balance of monies so deposited by the Trust and unclaimed by the holders of the Series F A Preferred Units Shares 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 Trust, and after any such place on or about repayment, the date fixed in such redemption notice (which may not be later than holders of the redemption date) against shares entitled to the funds so repaid to the Trust shall look only to the Trust for payment of the 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 Redemption Price without interest or trust company to the Partnershipother earnings.
Appears in 1 contract
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 days nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 B Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Aa) the redemption date; , (Bb) the redemption price; Series B Redemption Price, (Cc) the aggregate number of Series B Preferred Units to be redeemed and if fewer than all of the outstanding Series B Preferred Units are to be redeemed, the number of Series F 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 B Preferred Units that the total number of Series B Preferred Units held by such holder represents) of the aggregate number of Series B Preferred Units to be redeemed; , (Dd) the place or places where the such Series F B Preferred Units are to be surrendered for payment of the redemption price; Series B Redemption Price, (Ee) that distributions on the Series F B Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Series F B Redemption Price will be made upon presentation and surrender of such Series B Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series B Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the holders of the Series F 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 Partnership holders of the Series B Preferred Units upon surrender of the Series B Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series B Preferred Units are evidenced by a certificate and if fewer than all the Series B Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series B Preferred Units, evidencing the unredeemed Units.
(3) From Series B Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 B Preferred Units is not a Business Day, then payment of the redemption price), all distributions Series B Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series B Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F B Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Series B Redemption Price.
Appears in 1 contract
Samples: Agreement of Limited Partnership (National Golf Properties Inc)
Procedures for Redemption. The following provisions set forth (i) In the procedures for redemption:
(1) Notice case of a redemption will be given by at the General Partner 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 concurrently with 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 in the General Partner sent case of the redemption of any Series I-1 Preferred Units and within ten (10) days of receipt of the holder's notice of redemption in the case of the redemption of any Series I-2 Preferred Units. 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.
(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 its REIT record of the Series F I Preferred Shares Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in connection with such redemptionnotice 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. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; (B2) the redemption priceSeries I-1 Redemption Price or Series I-2 Redemption Price, as the case may be; (C3) 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 F I Preferred Units to be redeemedredeemed held by such holder; (D4) the place or places where the Series F I Preferred Units are to be surrendered for payment of the redemption priceRedemption Price; (E5) that distributions on the Series F I Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all ; and (6) that payment of the Redemption Price will be made upon presentation and surrender of such Series F I Preferred Units.
(iii) If the Series I Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present evidenced by a certificate and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Series I Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing issued, upon surrender of the certificate evidencing all Series I Preferred Units, evidencing the unredeemed Units.
(3) From Series I Preferred Units without cost to the holder thereof. On and after the redemption 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 redemption price)Series I-1 Redemption Price or the Series I-2 Redemption Price, all distributions as the case may be, payable on such date will be made on the Series F Preferred Units designated for redemption next succeeding day that is a Business Day (and without any interest or other payment in respect of any such notice shall cease to accumulate and all rights delay). If payment of the General PartnerSeries I-1 Redemption Price or the Series I-2 Redemption Price, except as the right to receive case may be, is not made by the redemption price thereof (including all accumulated and unpaid distributions up to but excluding Partnership on the redemption date), shall cease and terminate, and distributions on such Series F I Preferred Units shall not be deemed will continue to be outstanding for any purpose whatsoever. At its election, accumulate from the Partnership, prior original redemption date to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) date of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust companypayment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Samples: Second Restated and Amended Agreement of Limited Partnership (Liberty Property Limited Partnership)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent to the holders of its REIT Series F Preferred Shares Units at their respective addresses as they appear on the records of the Partnership. No failure to give or defect in connection with such redemptionnotice shall affect the validity of the proceedings for the redemption of any Series F Preferred Units except as to the holder to whom such notice was defective or not given. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; , (B2) the redemption price; Redemption Price, (C3) the aggregate number of Series F Preferred Units to be redeemed and if fewer than all of the outstanding Series F Preferred Units are to be redeemed, the number of Series 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 F Preferred Units the total number of Series F Preferred Units held by such holder represents) of the aggregate number of Series F Preferred Units to be redeemed; , (D4) the place or places where the such Series F Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (E5) that distributions on the Series F 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 F Preferred Units.
(ii) If the Partnership gives a notice of redemption in respect of Series F Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date. If less than all , the Partnership will deposit irrevocably in trust for the benefit of the Series F Preferred Units are being redeemed funds sufficient to be redeemed, pay the notice shall also specify applicable Redemption Price and will give irrevocable instructions and authority to pay such Redemption Price to the number holders of Series F Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to upon surrender of the Partnership Series F Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If fewer than all the Units represented by any such certificate representing Series F Preferred Units are to be 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 representing upon surrender of the certificate evidencing all Series F Preferred Units, evidencing the unredeemed Units.
(3) From Series F Preferred Units without cost to the holder thereof. On and after the redemption date (unless the Partnership defaults in payment of the redemption price)redemption, all distributions will cease to accumulate on the Series F Preferred Units designated or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption in such notice shall cease to accumulate and all rights of Series F Preferred Units is not a Business Day, then payment of the General PartnerRedemption 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, except if such Business Day falls in the right to receive next calendar year, such payment will be made on the redemption price thereof (including all accumulated immediately preceding Business Day, in each case with the same force and unpaid 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 up to but excluding the redemption date), shall cease and terminate, and on such Series F Preferred Units shall not be deemed will continue to be outstanding for any purpose whatsoever. At its election, accumulate from the Partnership, prior original redemption date to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) date of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust companypayment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Samples: Second Amended and Restated Agreement of Limited Partnership (Cabot Industrial Properties Lp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 C Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such 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 C Preferred Units to be redeemed and if fewer than all of the outstanding Series C Preferred Units are to be redeemed, the number of Series F 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 C Preferred Units that the total number of Series C Preferred Units held by such holder represents) of the aggregate number of Series C Preferred Units to be redeemed; , (Dd) the place or places where the such Series F C Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ee) that distributions on the Series F C Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (f) that payment of the Redemption Price will be made upon presentation and surrender of such Series F C Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series C Preferred Units upon surrender of the Series C Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 C Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F C Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable 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:
(1) 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 given by the General Partner (“Preferred Redemption Notice”) to the Partnership concurrently holder of Preferred Units not less than five (5) days prior to the redemption date 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 Preferred Member in accordance with the notice terms hereof at the Preferred Member’s address as it appears on the records of the General Partner sent Company. In addition to the holders of its REIT Series F any information required by Law, each Preferred Shares in connection with such redemption. Such notice Redemption Notice shall state: (Ai) the redemption date; , (Bii) the redemption price; Preferred Redemption Price, (Ciii) if the number of Series F Preferred Units to be redeemed; (D) are certificated, the place or places where the Series F such Preferred Units are to be surrendered for payment of the redemption price; Preferred Redemption Price, (Eiv) that distributions on the Series F Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (v) that payment of the Series F Preferred Units are to Redemption Price will be redeemed, the notice shall also specify the number made upon transfer or presentation and surrender of Series F such Preferred Units to be redeemedthe Company, as the case may be.
(2) On or after If the Company delivers a Preferred Redemption Notice in respect of Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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. 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 Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, the Partnership, prior to a redemption date, may Company will deposit irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the Series F Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case benefit of the redemption notice holder of the Preferred Units funds sufficient to pay the Preferred Redemption Price. The Company will give irrevocable instructions and authority to pay and deliver such Preferred Redemption Price to the General Partner shall (A) state the date of such deposit, (B) specify the office of such bank Preferred Member upon surrender or trust company as the place of payment transfer 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 in accordance with the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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 PartnershipPreferred Redemption Notice.
Appears in 1 contract
Samples: Operating Agreement (Developers Diversified Realty Corp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 10 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 Y Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law each such notice shall state: (Am) the redemption date; , (Bn) the redemption price; Redemption Price, (Co) the aggregate number of Series F 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 F Y Preferred Units are to shall be surrendered delivered for payment of the redemption price; Redemption Price, (Eq) that distributions on the Series F Y Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (r) that payment of the Redemption Price will be made upon presentation of evidence of the surrender of such Series F Y Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedas set forth in Section 5(b)(ii) below.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series Y Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units Partnership will deliver into escrow with an escrow agent acceptable to the Partnership at and the place designated holders of the Series Y Preferred Units (the "Escrow Agent") the Redemption Price and an executed Redemption Agreement, in the notice form attached hereto as Exhibit A (the "Redemption Agreement"), and an Amendment to the Agreement of redemption and thereupon Limited Partnership evidencing the redemption price Redemption, in the form attached hereto as Exhibit B. The holders of such the Series Y Preferred Units (including all accumulated and unpaid distributions up to but excluding shall also, by 12:00 noon, New York City time, on the redemption date) shall be paid , deliver into escrow with the Escrow Agent an executed Redemption Agreement and an executed Amendment to the General Partner and each surrendered Unit certificateAgreement of Limited Partnership evidencing the Redemption. Upon delivery of all of the above-described items by both parties, if any, Escrow Agent shall be canceled. If fewer than all release the Units represented by any such certificate representing Redemption Price to the holders of the Series F Y Preferred Units are and the fully-executed Redemption Agreement and Amendment to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From Agreement of Limited Partnership to both parties. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series Y Preferred Units called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series Y Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F Y Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Samples: Amendment to Agreement of Limited Partnership (Ps Business Parks Inc/Ca)
Procedures for Redemption. The following provisions set forth the procedures for redemptionRedemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F A Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F A Preferred Units to be redeemed; (D) the place or places where the Series F A Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F A Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F A Preferred Units are to be redeemed, the notice shall also specify the number of Series F A Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F A Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F A Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Unitsshares.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F A Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F Preferred Units shall not 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 to but not including the redemption date) of the Series F A Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F A Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the redemption price (including all 81 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
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) ------------------------- faxed (if the holder of the Series C Preferred Units shall have provided the Partnership with such holder's fax number) and (ii) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than 30 nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 C Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: :
(Ai) the redemption date; , (Bii) the redemption price; Redemption Price, (Ciii) the aggregate number of Series C Preferred Units to be redeemed and if fewer than all of the outstanding Series C Preferred Units are to be redeemed, the number of Series F C Preferred Units to be redeemed; redeemed held by such holder, (Div) the place or places where the such Series F C Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Ev) that distributions on the Series F C Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (vi) that payment of the Redemption Price will be made upon presentation and surrender of such Series F C Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present Partnership will deposit irrevocably in trust for the benefit of the Series C Preferred Units being redeemed funds sufficient to pay the applicable Redemption Price, plus any accumulated and surrender the certificatesunpaid distributions, whether or not declared, if any, representing on such units to the date fixed for redemption, without interest, and will give irrevocable instructions and authority to pay such Redemption Price to the holders of the Series F C Preferred Units to upon surrender of the Partnership Series C Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series C Preferred Units are evidenced by a certificate and if fewer than all the Series C Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all Series C Preferred Units, evidencing the unredeemed Units.
(3) From Series C Preferred Units without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment of the redemption price)thereof, all distributions on the Series F Preferred Units designated for redemption in such notice shall cease to accumulate units will no longer be deemed outstanding, and all rights of the General Partner, holders thereof as holders of Series C Preferred Units will cease (except the right to receive the redemption price thereof (including all accumulated Redemption Price and any accrued and unpaid distributions up to but excluding upon surrender and endorsement of the certificates evidencing the Series C Preferred Units, if any). If any date fixed for redemption date), shall cease and terminate, and such of Series F C Preferred Units shall is not a Business Day, then payment of the Redemption Price payable on such date will be deemed to made on the next succeeding day that is a Business 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 outstanding made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for any purpose whatsoeverredemption. At its election, 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 to but not including the redemption date) of the on such Series F C Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (i) faxed, and (ii) mailed by the General Partner Partnership, by first class mail, postage prepaid, not less than 30 days nor more than 60 days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 D Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Aa) the redemption date; , (Bb) the redemption price; Series D Redemption Price, (Cc) the aggregate number of Series D Preferred Units to be redeemed and if fewer than all of the outstanding Series D Preferred Units are to be redeemed, the number of Series F 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 D Preferred Units that the total number of Series D Preferred Units held by such holder represents) of the aggregate number of Series D Preferred Units to be redeemed; , (Dd) the place or places where the such Series F D Preferred Units are to be surrendered for payment of the redemption price; Series D Redemption Price, (Ee) that distributions on the Series F D Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all , and (f) that payment of the Series F D Redemption Price will be made upon presentation and surrender of such Series D Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series D Preferred Units then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the holders of the Series F 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 Partnership holders of the Series D Preferred Units upon surrender of the Series D Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. 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 Units.
(3) From On and after the redemption date (of redemption, distributions will cease to accumulate on the Series 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 D Preferred Units is not a Business Day, then payment of the redemption price), all distributions Series D Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series D Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F D Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Series D Redemption Price.
Appears in 1 contract
Samples: Second Amended and Restated Agreement of Limited Partnership (Post Apartment Homes Lp)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F D Preferred Shares in connection with such redemption. Such notice shall state: (A) the redemption date; (B) the redemption price; (C) the number of Series F D Preferred Units to be redeemed; (D) the place or places where the Series F D Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series F D Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series F D Preferred Units are to be redeemed, the notice shall also specify the number of Series F D Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F D Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer than all the Units represented by any such certificate representing Series F D Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series F D Preferred Units designated for redemption in such notice shall cease to accumulate and all rights of the 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 F D Preferred Units shall not 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 to but not including the redemption date) of the Series F D Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the 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 of the redemption price and (C) require the General Partner to surrender the certificates, if any, representing such Series F D Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
Appears in 1 contract
Samples: Agreement of Limited Partnership (Winthrop Realty Trust)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F G Preferred Shares in connection with such redemption. Such notice shall state: (Aa) the redemption date; (B) the redemption price; (Cb) the number of Series F G Preferred Units to be redeemed; (Dc) the redemption price and whether or not accrued and unpaid distributions will be payable; (d) the place or places where the Series F G Preferred Units are to be surrendered for payment of the redemption price; (Ee) 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 F G Preferred Units to be redeemed will cease to accumulate on such redemption date; and (g) whether such redemption is being made pursuant to Subparagraph F(1) or Subparagraph F(2) of the Series G Articles Supplementary. If less than all of the Series F G Preferred Units are to be redeemed, the notice shall also specify the number of Series F G Preferred Units to be redeemed.
(2ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F G Preferred Units to the Partnership at the place designated in the notice of redemption 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. If fewer less than all the Units represented by any such certificate representing Series F G Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Units.
(3iii) From and after the redemption date (unless the Partnership defaults in payment of the redemption priceprice plus accrued and unpaid distributions, if any, payable upon redemption), all distributions on the Series F G Preferred Units designated for redemption in such notice shall cease to accumulate accrue, such Series G Preferred Units shall no longer be deemed outstanding and all rights of the General PartnerPartner will terminate, except the right to receive the redemption price thereof (including all accumulated plus accrued and unpaid distributions up to but excluding the redemption date)distributions, shall cease and terminateif any, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoeverpayable upon redemption. At its election, the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including excluding the redemption date) of the Series F G Preferred Units so called for redemption in trust for the General Partner with a bank or trust company, in which case the redemption notice to the General Partner shall (Aa) state the date of such deposit, (Bb) specify the office of such bank or trust company as the place of payment of the redemption price and (Cc) require the General Partner to surrender the certificates, if any, representing such Series F G Preferred Units at such place on or about the date fixed in such redemption notice (which may not be later than the redemption date) against payment of the 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.
Appears in 1 contract
Samples: Agreement of Limited Partnership (Kilroy Realty, L.P.)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given by the General Partner to the Partnership concurrently with the notice of the General Partner sent to the holders of its REIT Series F Preferred Shares in connection with such redemption. Such notice shall statemust be: (A) the redemption datefaxed; and (B) the redemption price; (C) the number mailed by such holder of Series F I Preferred Units, by certified mail, postage prepaid, to the Partnership so that notice is received by the Partnership within the periods set forth herein and in accordance with the provisions hereof. Any such notice shall be irrevocable.
(ii) The Partnership will pay the Series I Redemption Price to such holder of Series I Preferred Units to be redeemed; (D) upon surrender of the Series I Preferred Units by such holder of Series I Preferred Units at the place or places where designated by the Partnership. Unless the Partnership and such holder of Series F I Preferred Units are agree otherwise, the Partnership will pay the Redemption Price in the same manner that the most recent distribution of Series I Priority Return was delivered to be surrendered for payment such holder of Series I Preferred Units. On and after the redemption price; (E) that date of redemption, distributions on the Series F Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the holder’s Series F I Preferred Units are to be redeemedUnits, the notice shall also specify the number of Series F Preferred Units to be redeemed.
(2) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series F Preferred Units to the Partnership at the place designated in the notice of redemption 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. 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 Units.
(3) From and after the redemption date (unless the Partnership defaults in the payment of the Series I Redemption Price. If any date fixed for redemption price)of such holder’s Series I Preferred Units is not a Business Day, all distributions then payment of the Series I Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Series I Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such holder’s Series F I Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 PartnershipSeries I Redemption Price.
Appears in 1 contract
Samples: Fourth Amended and Restated Agreement of Limited Partnership (Sun Communities Inc)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record holding the Series C Preferred Units at their respective addresses as they appear on the records of the General Partner sent Partnership. No failure to give or defect in such notice shall affect the holders validity of its REIT the proceedings for the redemption of any Series F C Preferred Shares in connection with Units except as to any holder to whom such redemptionnotice was defective or not given. Such In addition to any information required by law, each such notice shall state: (Am) the redemption date; , (Bn) the redemption price; Redemption Price, (Co) the aggregate number of Series C Preferred Units to be redeemed and, if fewer than all of the outstanding Series C Preferred Units are to be redeemed, the number of Series F 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 C Preferred Units the total number of Series C Preferred Units held by such holder represents) of the aggregate number of Series C Preferred Units to be redeemed; , (Dp) the place or places where the such Series F C Preferred Units are to be surrendered for payment of the redemption price; Redemption Price, (Eq) that distributions on the Series F C Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all date and (r) that payment of the Redemption Price will be made upon presentation and surrender of such Series F C Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series C Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series C Preferred Units upon surrender of the Series C Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series C Preferred Units are evidenced by a certificate and if fewer than all the Series C Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing upon surrender of the certificate evidencing all such Series C Preferred Units, evidencing the unredeemed Series C Preferred Units.
(3) From , without cost to the holder thereof. On and after the redemption date (of redemption, distributions will cease to accumulate on the Series C Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment or deposit, in accordance with the foregoing, of the Redemption Price. If any date fixed for redemption of Series C Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F C Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
Appears in 1 contract
Samples: Agreement of Limited Partnership (Summit Properties Partnership L P)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(1i) Notice of redemption will be given (A) faxed, and (B) mailed by the General Partner Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the Partnership concurrently with redemption date, addressed to the notice respective holders of record of the General Partner sent Series 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 or in the transmission thereof shall affect the validity of the proceedings for the redemption of any Series E Preferred Units except as to the holders of its REIT Series F Preferred Shares in connection with holder to whom such redemptionnotice was defective or not given or received. Such In addition to any information required by law, each such notice shall state: (A1) the redemption date; (B2) the redemption priceRedemption Price; (C3) the aggregate number of Series E Preferred Units to be redeemed and if fewer than all of the outstanding Series E Preferred Units are to be redeemed, the number of Series F 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 E Preferred Units the total number of Series E Preferred Units held by such holder represents) of the aggregate number of Series E Preferred Units to be redeemed; (D4) the place or places where the Series F E Preferred Units are to be surrendered for payment of the redemption priceRedemption Price; (E5) that distributions on the Series F E Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all ; and (6) that payment of the Redemption Price will be made upon presentation and surrender of such Series F E Preferred Units are to be redeemed, the notice shall also specify the number of Series F Preferred Units to be redeemedUnits.
(2ii) On or after If the Partnership gives a notice of redemption in respect of Series E Preferred Units (which notice will be irrevocable) then, by 12:00 noon, New York City time, on the redemption date, the General Partner shall present and surrender Partnership will deposit irrevocably in trust for the certificates, if any, representing benefit of the Series F 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 Partnership holders of the Series E Preferred Units upon surrender of the Series E Preferred Units by such holders at the place designated in the notice of redemption 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 canceledredemption. If the Series E Preferred Units are evidenced by a certificate and if fewer than all the Series E Preferred Units represented evidenced by any such certificate representing Series F Preferred Units are to be being redeemed, a new certificate shall be issued representing issued, upon surrender of the certificate evidencing all Series E Preferred Units, evidencing the unredeemed Units.
(3) From Series E Preferred Units without cost to the holder thereof. On and after the redemption date (of such redemption, distributions will cease to accumulate on the Series 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 E Preferred Units is not a Business Day, then payment of the redemption price), all distributions Redemption Price payable on such date will be made on the Series F Preferred Units designated 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 in such notice shall cease to accumulate and all rights redemption. If payment of the General Partner, except the right to receive the redemption price thereof (including all accumulated Redemption Price is improperly withheld or refused and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series F Preferred Units shall not be deemed to be outstanding for any purpose whatsoever. At its election, paid by the Partnership, prior to a redemption date, may irrevocably deposit the redemption price (including accumulated and unpaid distributions to but not including the redemption date) of the on such Series F E Preferred Units so called for will continue to accumulate from the original redemption in trust for date to the General Partner with a bank or trust companydate of payment, in which case the redemption notice to the General Partner shall (A) state the actual payment date of such deposit, (B) specify the office of such bank or trust company as the place of payment 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 will be considered the date fixed in such for redemption notice (which may not be later than for purposes of calculating the redemption date) against payment of the 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 Partnershipapplicable Redemption Price.
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Samples: Agreement of Limited Partnership (Liberty Property Trust)