Common use of Procedures for Redemption Clause in Contracts

Procedures for Redemption. (A) Notice of redemption will be (x) faxed and (y) mailed by the Series B-1 Preferred Partner, 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. (B) By 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust with Boston Equiserve, its transfer agent (or any successor entity, provided such entity is a third party, unrelated to the Company and the Partnership) for the benefit of the Series B-1 Preferred Partner funds sufficient to pay the Series B-1 Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B-1 Redemption Price to the Series B-1 Preferred Partner upon surrender of the Series B-1 Preferred Units by the Series B-1 Preferred Partner at the place designated by the Partnership. On and after the date of redemption, distributions will cease to accumulate on the Series B-1 Preferred Units, unless the Partnership defaults in the payment of the Series B-1 Redemption Price. If any date fixed for redemption of Series B-1 Preferred Units is not a Business Day, then payment of the Series B-1 Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B-1 Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series B-1 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 Series B-1 Redemption Price.

Procedures for Redemption. (A) Notice of redemption will be (x) faxed and (y) mailed by the Series B-1 B-2 Preferred Partner, 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. (B) By 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust with Boston Equiserve, its transfer agent (or any successor entity, provided such entity is a third party, unrelated to the Company and the Partnership) for the benefit of the Series B-1 B-2 Preferred Partner funds sufficient to pay the Series B-1 B-2 Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B-1 B-2 Redemption Price to the Series B-1 B-2 Preferred Partner upon surrender of the Series B-1 B-2 Preferred Units by the Series B-1 B-2 Preferred Partner at the place designated by the Partnership. On and after the date of redemption, distributions will cease to accumulate on the Series B-1 B-2 Preferred Units, unless the Partnership defaults in the payment of the Series B-1 B-2 Redemption Price. If any date fixed for redemption of Series B-1 B-2 Preferred Units is not a Business Day, then payment of the Series B-1 B-2 Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B-1 B-2 Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series B-1 B-2 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 Series B-1 B-2 Redemption Price.

Procedures for Redemption. (Ai) Notice of redemption will be must be: (xA) faxed faxed; and (yB) mailed by the such holder of Series B-1 H Preferred PartnerUnits, 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. (Bii) By 12:00 noon, New York City time, on the redemption date, the The Partnership will deposit irrevocably in trust with Boston Equiserve, its transfer agent (or any successor entity, provided such entity is a third party, unrelated to the Company and the Partnership) for the benefit of the Series B-1 Preferred Partner funds sufficient to pay the Series B-1 Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B-1 H Redemption Price to the such holder of Series B-1 H Preferred Partner Units upon surrender of the Series B-1 H Preferred Units by the such holder of Series B-1 H Preferred Partner Units at the place designated by the Partnership. Unless the Partnership and such holder of Series H Preferred Units agree otherwise, the Partnership will pay the Redemption Price in the same manner that the most recent distribution of Series H Priority Return was delivered to such holder of Series H Preferred Units. On and after the date of redemption, distributions will cease to accumulate on the such holder’s Series B-1 H Preferred Units, unless the Partnership defaults in the payment of the Series B-1 H Redemption Price. If any date fixed for redemption of such holder’s Series B-1 H Preferred Units is not a Business Day, then payment of the Series B-1 H Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B-1 H Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such holder’s Series B-1 H Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the Series B-1 H Redemption Price.

Procedures for Redemption. (Ai) Notice of redemption will be be: (xA) faxed faxed; and (yB) mailed by the Series B-1 B-3 Preferred Partner, 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. (Bii) By 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust with Boston EquiserveComputershare, its transfer agent (or any successor entity, provided such entity is a third party, unrelated to the Company and the Partnership) for the benefit of the Series B-1 B-3 Preferred Partner funds sufficient to pay the Series B-1 B-3 Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B-1 B-3 Redemption Price to the Series B-1 B-3 Preferred Partner upon surrender of the Series B-1 B-3 Preferred Units by the Series B-1 B-3 Preferred Partner at the place designated by the Partnership. On and after the date of redemption, distributions will cease to accumulate on the Series B-1 B-3 Preferred Units, unless the Partnership defaults in the payment of the Series B-1 B-3 Redemption Price. If any date fixed for redemption of Series B-1 B-3 Preferred Units is not a Business Day, then payment of the Series B-1 B-3 Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B-1 B-3 Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series B-1 B-3 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 Series B-1 B-3 Redemption Price.

Procedures for Redemption. (Ai) Notice of redemption will be be: (xA) faxed faxed; and (yB) mailed by the such holder of Series B-1 D Preferred PartnerUnits, 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. (Bii) By 12:00 noon, New York City time, on the redemption date, the The Partnership will deposit irrevocably in trust with Boston Equiserve, its transfer agent (or any successor entity, provided such entity is a third party, unrelated to the Company and the Partnership) for the benefit of the Series B-1 Preferred Partner funds sufficient to pay the Series B-1 Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B-1 D Redemption Price to the such holder of Series B-1 D Preferred Partner Units upon surrender of the Series B-1 D Preferred Units by the such holder of Series B-1 D Preferred Partner Units at the place designated by the Partnership. Unless the Partnership and such holder of Series D Preferred Units agree otherwise, the Partnership will pay the Redemption Price in the same manner that the most recent distribution of Series D Priority Return was delivered to such holder of Series D Preferred Units. On and after the date of redemption, distributions will cease to accumulate on the such holder’s Series B-1 D Preferred Units, unless the Partnership defaults in the payment of the Series B-1 D Redemption Price. If any date fixed for redemption of such holder’s Series B-1 D Preferred Units is not a Business Day, then payment of the Series B-1 D Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B-1 D Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such holder’s Series B-1 D Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the Series B-1 D Redemption Price.

Procedures for Redemption. (Ai) Notice In the case of a redemption will be (x) faxed and (y) mailed by at the option of a holder of Series B-1 T Preferred PartnerUnits pursuant to Section 6(a), by certified mail, postage prepaid, such holder shall provide written notice of such redemption to the Partnership so that notice is received by at the Partnership within the periods set forth herein and in accordance with the provisions hereofexecutive offices of its general partner. Any such notice shall be irrevocable. (B) By 12:00 noon, New York City time, on the redemption date, the The Partnership will deposit irrevocably in trust with Boston Equiserve, its transfer agent (or any successor entity, provided such entity is a third party, unrelated to the Company and the Partnership) for the benefit of the Series B-1 Preferred Partner funds sufficient to pay the Series B-1 T Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B-1 Redemption Price to within ten (10) days of receipt of the holder’s notice of redemption. If the Series B-1 T Preferred Partner Units are evidenced by a certificate and if fewer than all Series T Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued, upon surrender of the certificate evidencing all Series B-1 T Preferred Units, evidencing the unredeemed Series T Preferred Units by without cost to the Series B-1 Preferred Partner at the place designated by the Partnershipholder thereof. On and after the date of such redemption, distributions will cease to accumulate on the Series B-1 T Preferred UnitsUnits or portions thereof called for redemption, unless the Partnership defaults in the payment of the Series B-1 Redemption Pricethereof. If any date fixed for redemption of Series B-1 T Preferred Units is not a Business Day, then payment of the Series B-1 T Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption). If payment of the Series B-1 T Redemption Price is improperly withheld or refused and not paid made by the PartnershipPartnership on the redemption date, distributions on such Series B-1 T 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 Series B-1 applicable Redemption Price. (ii) In the case of a redemption at the option of the Partnership pursuant to Section 6(b), notice of redemption (which shall be irrevocable) will be mailed by the Partnership, by certified mail, postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the redemption date, addressed to the respective holders of record of the Series T 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 T Preferred Units except as to the holder to whom such notice was defective or not given or received. In addition to any information required by law, each such notice shall state: (1) the redemption date; (2) the Series T Redemption Price; (3) the aggregate number of Series T Preferred Units to be redeemed and if fewer than all of the outstanding Series T Preferred Units are to be redeemed, the number of Series T Preferred Units to be redeemed held by such holder; (4) the place or places where the Series T Preferred Units are to be surrendered for payment of the Redemption Price; (5) that distributions on the Series T 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 T Preferred Units. (iii) If the Series T Preferred Units are evidenced by a certificate and if fewer than all Series T Preferred Units evidenced by any certificate are being redeemed, a new certificate shall be issued, upon surrender of the certificate evidencing all Series T Preferred Units, evidencing the unredeemed Series T Preferred Units without cost to the holder thereof. On and after the date of such redemption, distributions will cease to accumulate on the Series T Preferred Units or portions thereof called for redemption, unless the Partnership defaults in the payment thereof. If any date fixed for redemption of Series T Preferred Units is not a Business Day, then payment of the Series T 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). If payment of the Series T Redemption Price is not made by the Partnership on the redemption date, distributions on such Series T 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.

Procedures for Redemption. (Ai) Notice To exercise its redemption right, a holder of Series K Preferred Units must deliver a Series K Redemption Notice, which shall designate a redemption will be (x) faxed and (y) mailed by date during the Series B-1 Preferred Partner, by certified mail, postage prepaid, to the Partnership so that notice is received by the Partnership within the periods set forth herein and K Fifth Anniversary Period in accordance with Section 30.12 below not less than 60 days before the provisions hereof. Any such notice shall be irrevocableredemption date designated in the Series K Redemption Notice. (Bii) By 12:00 noon, New York City time, on the redemption date, the The Partnership will deposit irrevocably in trust with Boston Equiserve, its transfer agent (or any successor entity, provided such entity is a third party, unrelated to the Company and the Partnership) for the benefit of the Series B-1 Preferred Partner funds sufficient to pay the Series B-1 Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B-1 K Redemption Price to the such holder of Series B-1 K Preferred Partner Units upon surrender of the Series B-1 K Preferred Units by the such holder of Series B-1 K Preferred Partner Units at the place designated by the Partnership. Unless the Partnership and such holder of Series K Preferred Units agree otherwise, the Partnership will pay the Series K Redemption Price in the same manner that the most recent distribution of Series K Priority Return was delivered to such holder of Series K Preferred Units. On and after the date of redemption, distributions will cease to accumulate on the such holder’s Series B-1 K Preferred Units, unless the Partnership defaults in the payment of the Series B-1 K Redemption Price. If any date fixed for redemption of such holder’s Series B-1 K Preferred Units is not a Business Day, then payment of the Series B-1 K Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B-1 K Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such holder’s Series B-1 K Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the Series B-1 K Redemption Price. (iii) In connection with a redemption under this Section 30.9, each holder of Series K Preferred Units to be redeemed shall, promptly after the redemption date designated in any applicable and not rescinded Series K Redemption Notice, surrender to the Partnership any certificates representing such Series K Preferred Units (or certify to the Partnership that such certificates have been lost or destroyed). Notwithstanding the foregoing, a holder’s failure to timely surrender any such certificates shall not affect the redemption of such Series K Preferred Units, and after the applicable redemption date, any such certificates shall be null and void.

Procedures for Redemption. (Ai) Notice of redemption will be must be: (xA) faxed faxed; and (yB) mailed by the such holder of Series B-1 J Preferred PartnerUnits, 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. (Bii) By 12:00 noon, New York City time, on the redemption date, the The Partnership will deposit irrevocably in trust with Boston Equiserve, its transfer agent (or any successor entity, provided such entity is a third party, unrelated to the Company and the Partnership) for the benefit of the Series B-1 Preferred Partner funds sufficient to pay the Series B-1 Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B-1 J Redemption Price to the such holder of Series B-1 J Preferred Partner Units upon surrender of the Series B-1 J Preferred Units by the such holder of Series B-1 J Preferred Partner Units at the place designated by the Partnership. Unless the Partnership and such holder of Series J Preferred Units agree otherwise, the Partnership will pay the Redemption Price in the same manner that the most recent distribution of Series J Priority Return was delivered to such holder of Series J Preferred Units. On and after the date of redemption, distributions will cease to accumulate on the such holder’s Series B-1 J Preferred Units, unless the Partnership defaults in the payment of the Series B-1 J Redemption Price. If any date fixed for redemption of such holder’s Series B-1 J Preferred Units is not a Business Day, then payment of the Series B-1 J Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B-1 J Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such holder’s Series B-1 J Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the Series B-1 J Redemption Price.

Procedures for Redemption. (Ai) Notice of redemption will be must be: (xA) faxed faxed; and (yB) mailed by the such holder of Series B-1 F Preferred PartnerUnits, 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. (Bii) By 12:00 noon, New York City time, on the redemption date, the The Partnership will deposit irrevocably in trust with Boston Equiserve, its transfer agent (or any successor entity, provided such entity is a third party, unrelated to the Company and the Partnership) for the benefit of the Series B-1 Preferred Partner funds sufficient to pay the Series B-1 Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B-1 F Redemption Price to the such holder of Series B-1 F Preferred Partner Units upon surrender of the Series B-1 F Preferred Units by the such holder of Series B-1 F Preferred Partner Units at the place designated by the Partnership. Unless the Partnership and such holder of Series F Preferred Units agree otherwise, the Partnership will pay the Redemption Price in the same manner that the most recent distribution of Series F Priority Return was delivered to such holder of Series F Preferred Units. On and after the date of redemption, distributions will cease to accumulate on the such holder’s Series B-1 F Preferred Units, unless the Partnership defaults in the payment of the Series B-1 F Redemption Price. If any date fixed for redemption of such holder’s Series B-1 F Preferred Units is not a Business Day, then payment of the Series B-1 F Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B-1 F Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such holder’s Series B-1 F Preferred Units will continue to accumulate from the original redemption date to the date of payment, in which case the actual payment date will be considered the date fixed for redemption for purposes of calculating the Series B-1 F Redemption Price.

Procedures for Redemption. (Ai) Notice of redemption will be must be: (xA) faxed faxed; and (yB) mailed by the such holder of Series B-1 G Preferred PartnerUnits, 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. (Bii) By 12:00 noon, New York City time, on the redemption date, the The Partnership will deposit irrevocably in trust with Boston Equiserve, its transfer agent (or any successor entity, provided such entity is a third party, unrelated to the Company and the Partnership) for the benefit of the Series B-1 Preferred Partner funds sufficient to pay the Series B-1 Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B-1 G Redemption Price to the such holder of Series B-1 G Preferred Partner Units upon surrender of the Series B-1 G Preferred Units by the such holder of Series B-1 G Preferred Partner Units at the place designated by the Partnership. Unless the Partnership and such holder of Series G Preferred Units agree otherwise, the Partnership will pay the Redemption Price in the same manner that the most recent distribution of Series G Priority Return was delivered to such holder of Series G Preferred Units. On and after the date of redemption, distributions will cease to accumulate on the such holder’s Series B-1 G Preferred Units, unless the Partnership defaults in the payment of the Series B-1 G Redemption Price. If any date fixed for redemption of such holder’s Series B-1 G Preferred Units is not a Business Day, then payment of the Series B-1 G Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B-1 G Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such holder’s Series B-1 G 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 Series B-1 G Redemption Price.

Procedures for Redemption. (A) Notice of redemption will be (x) faxed and (y) mailed by the Series B-1 B-3 Preferred Partner, 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. (B) By 12:00 noon, New York City time, on the redemption date, the Partnership will deposit irrevocably in trust with Boston Equiserve, its transfer agent (or any successor entity, provided such entity is a third party, unrelated to the Company and the Partnership) for the benefit of the Series B-1 B-3 Preferred Partner funds sufficient to pay the Series B-1 B-3 Redemption Price and will give irrevocable instructions to such transfer agent and authority to pay such Series B-1 B-3 Redemption Price to the Series B-1 B-3 Preferred Partner upon surrender of the Series B-1 B-3 Preferred Units by the Series B-1 B-3 Preferred Partner at the place designated by the Partnership. On and after the date of redemption, distributions will cease to accumulate on the Series B-1 B-3 Preferred Units, unless the Partnership defaults in the payment of the Series B-1 B-3 Redemption Price. If any date fixed for redemption of Series B-1 B-3 Preferred Units is not a Business Day, then payment of the Series B-1 B-3 Redemption Price payable on such date will be made on the next succeeding day that is a Business Day (and without any interest or other payment in respect of any such delay) except that, if such Business Day falls in the next calendar year, such payment will be made on the immediately preceding Business Day, in each case with the same force and effect as if made on such date fixed for redemption. If payment of the Series B-1 B-3 Redemption Price is improperly withheld or refused and not paid by the Partnership, distributions on such Series B-1 B-3 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 Series B-1 B-3 Redemption Price.