Procedures for Redemption. (i) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series C Preferred Units to the Partnership at the place designated in the notice of redemption and thereupon the redemption price of such Units shall be paid to the General Partner and each surrendered certificate representing Series C Preferred Units, if any, shall be canceled. If fewer than all the Series C Preferred Units represented by any such certificate representing Series C Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Series C Preferred Units. (ii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series 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 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 of the Series C Preferred Units so called for redemption in trust for the General Partner with a bank or trust company. 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: Revolving Credit Agreement (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, Inc.), Limited Partnership Agreement (Digital Realty Trust, Inc.)
Procedures for Redemption. (i) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series C D Preferred Units to the Partnership at the place designated in the notice of redemption and thereupon the redemption price of such Units shall be paid to the General Partner and each surrendered certificate representing Series C D Preferred Units, if any, shall be canceled. If fewer than all the Series C D Preferred Units represented by any such certificate representing Series C D Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Series C D Preferred Units.
(ii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series C 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 C 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 of the Series C D Preferred Units so called for redemption in trust for the General Partner with a bank or trust company. 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: Revolving Credit Agreement (Digital Realty Trust, L.P.), Agreement of Limited Partnership (Digital Realty Trust, Inc.), Agreement of Limited Partnership (Digital Realty Trust, Inc.)
Procedures for Redemption. (i1) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series C A Preferred Units to the Partnership at the place designated in the notice of redemption and thereupon the redemption price of such Units shall be paid to the General Partner and each surrendered certificate representing Series C A Preferred Units, if any, shall be canceled. If fewer than all the Series C A Preferred Units represented by any such certificate representing Series C A Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Series C A Preferred Units.
(ii2) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series C 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 C 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 of the Series C A Preferred Units so called for redemption in trust for the General Partner with a bank or trust company. Any monies so deposited which remain unclaimed by the General Partner at the end of two (2) 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 (Excel Trust, Inc.), Limited Partnership Agreement (Excel Trust, Inc.)
Procedures for Redemption. (i1) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series C D Preferred Units to the Partnership at the place designated in the notice of redemption and thereupon the redemption price of such Units shall be paid to the General Partner and each surrendered certificate representing Series C D Preferred Units, if any, shall be canceled. If fewer than all the Series C D Preferred Units represented by any such certificate representing Series C D Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Series C D Preferred Units.
(ii2) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series C 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 C 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 of the Series C D Preferred Units so called for redemption in trust for the General Partner with a bank or trust company. 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:
(i1) Notice of redemption or of a Repurchase Event (as defined in the Series C Articles Supplementary) will be given by the Managing Member to the Company concurrently with the equivalent notices of the Managing Member sent to the holders of its Series C Preferred Stock in accordance with the Series C Articles Supplementary with substantially equivalent types of information, including without limitation the redemption or repurchase date. If less than all of the Series C Preferred Units are to be redeemed, the notice shall also specify the number of Series C Preferred Units to be redeemed.
(2) On or after the redemption or repurchase date, as the General Partner case may be, the Managing Member shall present and surrender the certificates, if any, representing the Series C Preferred Units to the Partnership Company at the place designated in the notice of redemption and thereupon the redemption price of such Units shall be paid to the General Partner Managing Member and each surrendered certificate representing Series C Preferred UnitsUnit certificate, if any, shall be canceled. If fewer than all the Series C Preferred Units represented by any such certificate representing Series C Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Series C Preferred Unitsshares.
(ii3) From and after the redemption date or repurchase date, as the case may be (unless the Partnership Company defaults in payment of the redemption price), all distributions on the Series C Preferred Units designated for redemption in such notice to be redeemed shall cease to accumulate accrue and all rights of the General PartnerManaging Member, except the right to receive the redemption price thereof (including all accumulated accumulated, accrued and unpaid distributions up to but excluding the redemption date), shall cease and terminate, and such Series 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 of the Series C Preferred Units so called for redemption in trust for the General Partner with a bank or trust company. 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 Liability Company Agreement (Sunstone Hotel Investors, Inc.), Limited Liability Company Agreement (Sunstone Hotel Investors, Inc.)
Procedures for Redemption. (i1) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series C Preferred Units to the Partnership at the place designated in the notice of redemption and thereupon the redemption price of such Units shall be paid to the General Partner and each surrendered certificate representing Series C Preferred Units, if any, shall be canceled. If fewer than all the Series C Preferred Units represented by any such certificate representing Series C Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Series C Preferred Units.
(ii2) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series 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 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 of the Series C Preferred Units so called for redemption in trust for the General Partner with a bank or trust company. 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. (iNot more than 60 nor less than 30 days prior to the redemption date, notice by first class mail, postage prepaid, shall be given to each holder of record of the Series A Preferred Stock to be redeemed, at such holder's address as it shall appear upon the stock transfer books of the Corporation. Each such notice of redemption shall specify the date fixed for redemption, the redemption price per share, the place or places of payment and that payment will be made upon presentation and surrender of the certificate(s) evidencing the shares of Series A Preferred Stock to be redeemed. Any notice that is mailed as herein provided shall be conclusively presumed to have been duly given, whether or not the holder of the Series A Preferred Stock receives such notice; and failure to give such notice by mail, or any defect in such notice, to the holders of any shares designated for redemption shall not affect the validity of the proceedings for the redemption of any other shares of Series A Preferred Stock. On or after the date fixed for redemption dateas stated in such notice, each holder of the General Partner shares called for redemption shall present and surrender the certificates, if any, representing the Series C Preferred Units certificate evidencing such shares to the Partnership Corporation at the place designated in such notice and shall thereupon be entitled to receive payment of the notice of redemption and thereupon the redemption price of such Units shall be paid to the General Partner and each surrendered certificate representing Series C Preferred Units, if any, shall be canceledRedemption Price per share. If fewer less than all the Series C Preferred Units shares represented by any such surrendered certificate representing Series C Preferred Units are to be redeemed, a new certificate shall be issued without cost to the holder thereof representing the unredeemed Series C Preferred Units.
shares. If such notice of redemption shall have been so mailed and if, on or prior to the redemption date specified in such notice all funds or, if applicable, shares of New HLI Common Stock necessary for such redemption shall have been set aside by the Corporation, separate and apart from its other funds and securities, in trust for the account of the holders of the shares so to be redeemed (ii) From so as to be and continue to be available therefor), then on and after the redemption date (unless the Partnership defaults in payment date, notwithstanding that any certificate for shares of the Series A Preferred Stock so called for redemption price)shall not have been surrendered for cancellation, all distributions on shares of the Series C A Preferred Units designated for redemption in Stock with respect to which such notice shall cease have been mailed and as to accumulate which such funds and/or shares shall have been set aside shall be deemed to be no longer outstanding and all rights with respect to such shares of the General PartnerSeries A Preferred Stock so called for redemption shall forthwith cease and terminate, except the right of the holders thereof to receive out of the funds and/or shares so set aside in trust the amount payable on redemption thereof without interest thereon. However, if such notice of redemption shall have been so mailed and if, prior to the redemption price date specified in such notice, all said funds and/or shares necessary for such redemption shall have been irrevocably deposited in trust, for the account of the holders of the shares so to be redeemed (so as to be and continue to be available therefor), with a corporation organized and doing business under the laws of the United States or any State thereof or of the District of Columbia (including all accumulated or a corporation or other person permitted to act as a trustee by the Securities and unpaid distributions up Exchange Commission) authorized under such laws to but excluding exercise corporate trust powers, having a combined capital and surplus of at least $100,000,000 and subject to supervision or examination by Federal, State or District of Columbia authority, then, upon the making of such irrevocable deposit and without awaiting the redemption date), all shares of the Series A Preferred Stock with respect to which such notice shall cease have been so mailed and terminate, and as to which such Series C Preferred Units funds and/or shares shall not have been so irrevocably deposited shall be deemed to be outstanding for any purpose whatsoever. At its electionno longer outstanding, the Partnership, prior and all rights with respect to a redemption date, may irrevocably deposit the redemption price such shares of the Series C A Preferred Units Stock so called for redemption in trust for shall forthwith cease and terminate except the General Partner with a bank right of the holders thereof on or trust company. Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date to receive out of the funds and/or shares so irrevocably deposited in trust the amount payable upon redemption thereof without interest thereon. The holder of any shares of Series A Preferred Stock redeemed upon any exercise of the Corporation's redemption right shall not be returned by entitled to receive payment of the Redemption Price per share until such bank or trust company holder shall cause to be delivered to the Partnershipplace specified in the notice given with respect to such redemption (i) the certificate(s) representing such shares of Series A Preferred Stock redeemed and (ii) transfer instrument(s) satisfactory to the Corporation and sufficient to transfer such shares of Series A Preferred Stock to the Corporation free of any adverse interest.
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Samples: Exchange Agreement (Hayes Lemmerz International Inc)
Procedures for Redemption. The following provisions set forth the procedures for redemption:
(i1) 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 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 E Preferred Units to be redeemed; (D) the place or places where the Series E Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series E Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series E Preferred Units are to be redeemed, the notice shall also specify the number of Series 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 C 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 certificate representing Series C Preferred UnitsUnit certificate, if any, shall be canceled. If fewer than all the Series C Preferred Units represented by any such certificate representing Series C E Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Series C Preferred Units.
(ii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series 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 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 of the Series C Preferred Units so called for redemption in trust for the General Partner with a bank or trust company. Any monies so deposited which remain unclaimed by the General Partner at the end of two years after the redemption date shall be returned by such bank or trust company to the Partnership.
Appears in 1 contract
Samples: Limited Partnership Agreement (Digital Realty Trust, L.P.)
Procedures for Redemption. The following provisions set forth the procedures for Redemption:
(i) 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 Series 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 A Preferred Units to be redeemed; (D) the place or places where the Series A Preferred Units are to be surrendered for payment of the redemption price; and (E) that distributions on the Series A Preferred Units to be redeemed will cease to accumulate on such redemption date. If less than all of the Series A Preferred Units are to be redeemed, the notice shall also specify the number of Series A Preferred Units to be redeemed.
(ii) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series C 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 the redemption date) shall be paid to the General Partner and each surrendered certificate representing Series C Preferred UnitsUnit certificate, if any, shall be canceled. If fewer than all the Series C Preferred Units represented by any such certificate representing Series C Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Series C Preferred Units.
(ii) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series 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 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 of the Series C Preferred Units so called for redemption in trust for the General Partner with a bank or trust company. 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.If
Appears in 1 contract
Procedures for Redemption. (i1) On or after the redemption date, the General Partner shall present and surrender the certificates, if any, representing the Series C B Preferred Units to the Partnership at the place designated in the notice of redemption and thereupon the redemption price of such Units shall be paid to the General Partner and each surrendered certificate representing Series C B Preferred Units, if any, shall be canceled. If fewer than all the Series C B Preferred Units represented by any such certificate representing Series C B Preferred Units are to be redeemed, a new certificate shall be issued representing the unredeemed Series C B Preferred Units.
(ii2) From and after the redemption date (unless the Partnership defaults in payment of the redemption price), all distributions on the Series C 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 C B 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 of the Series C B Preferred Units so called for redemption in trust for the General Partner with a bank or trust company. Any monies so deposited which remain unclaimed by the General Partner at the end of two (2) years after the redemption date shall be returned by such bank or trust company to the Partnership.
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