Common use of Pursuant to Section 8 Clause in Contracts

Pursuant to Section 8. 1 of the Partnership Agreement but subject to the rights of holders of any Preferred Partnership Units ranking senior to the Series M Preferred Partnership Units as to the payment of distributions, Braemar OP Limited Partner LLC, in its capacity as the holder of the then outstanding Series M Preferred Partnership Units, shall be entitled to receive, when and as authorized by the General Partner, from the Cash Flow, cumulative monthly preferential cash distributions in an amount per Series M Preferred Partnership Unit equal to 7.0% per annum of the stated value of $25.00 per Series M Preferred Partnership Unit (the “Stated Value”) (equivalent to an annual distribution rate of $1.75 per Series M Preferred Partnership Unit). Beginning one year from the date of original issuance of each Series M Preferred Partnership Unit, and on each one year anniversary thereafter for such Series M Preferred Partnership Unit, the dividend rate shall increase by 0.10% per annum for such Series M Preferred Partnership Unit; provided, however, that the dividend rate for any Series M Preferred Partnership Unit shall not exceed 7.5% per annum of the Stated Value. For purposes of this section (c)(i) only, the “date of the original issuance” of the Series M Preferred Partnership Unit shall mean the earliest date that any Series M Preferred Partnership Unit was issued during the calendar quarter in which the Series M Preferred Partnership Unit was issued. Distributions shall be payable monthly on the 15th day of each month (or, if such payment date is not a Business Day, the next succeeding Business Day, with the same force and effect as if paid on such distribution payment date, and no interest or additional distributions or other sums shall accrue on the amount so payable from such distribution payment date to such next succeeding Business Day). Distributions of Preferred Return shall be payable in arrears to holders of record as they appear on the records of the Partnership at the close of business on the last Business Day of each month immediately preceding the applicable distribution payment date, which dates shall be the Partnership Record Dates for the Series M Preferred Partnership Units. Any distribution of Preferred Return payable on the Series M Preferred Partnership Units for any distribution period (as defined below) will be computed on the basis of twelve 30-day months and a 360-day year. Except for distributions in liquidation or redemption as provided in Sections D and E, respectively, holders of Series M Preferred Partnership Units will not be entitled to receive any distributions in excess of full cumulative Preferred Returns accrued on the Series M Preferred Partnership Units at the distribution rate specified in this paragraph. No interest will be paid in respect of any distribution payment or payments on the Series M Preferred Partnership Units that may be in arrears.

Appears in 1 contract

Samples: Third Amended and Restated Agreement of Limited Partnership (Braemar Hotels & Resorts Inc.)

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Pursuant to Section 8. 1 of the Partnership Agreement but subject to the rights of holders of any Preferred Partnership Units ranking senior to the Series M L Preferred Partnership Units as to the payment of distributions, Braemar OP Ashford Hospitality Limited Partner LLCPartnership, in its capacity as the holder of the then outstanding Series M L Preferred Partnership Units, shall be entitled to receive, when and as authorized by the General Partner, from the Cash Flow, cumulative monthly preferential cash distributions in an amount per Series M L Preferred Partnership Unit equal to 7.0% [XX]% per annum of the stated value of $25.00 per Series M L Preferred Partnership Unit (the “Stated Value”) (equivalent to an annual distribution rate of $1.75 [XX] per Series M L Preferred Partnership Unit). Beginning one year from the date of original issuance of each Series M Preferred Partnership Unit, and on each one year anniversary thereafter for such Series M Preferred Partnership Unit, the dividend rate shall increase by 0.10% per annum for such Series M Preferred Partnership Unit; provided, however, that the dividend rate for any Series M Preferred Partnership Unit shall not exceed 7.5% per annum of the Stated Value. For purposes of this section (c)(i) only, the “date of the original issuance” of the Series M Preferred Partnership Unit shall mean the earliest date that any Series M Preferred Partnership Unit was issued during the calendar quarter in which the Series M Preferred Partnership Unit was issued. Distributions shall be payable monthly on the 15th day of each month (or, if such payment date is not a Business Day, the next succeeding Business Day, with the same force and effect as if paid on such distribution payment date, and no interest or additional distributions or other sums shall accrue on the amount so payable from such distribution payment date to such next succeeding Business Day). Distributions of Preferred Return shall be payable in arrears to holders of record as they appear on the records of the Partnership at the close of business on the last Business Day of each month immediately preceding the applicable distribution payment date, which dates shall be the Partnership Record Dates for the Series M L Preferred Partnership Units. Any distribution of Preferred Return payable on the Series M L Preferred Partnership Units for any distribution period (as defined below) will be computed on the basis of twelve 30-day months and a 360-day year. Except for distributions in liquidation or redemption as provided in Sections D and E, respectively, holders of Series M L Preferred Partnership Units will not be entitled to receive any distributions in excess of full cumulative Preferred Returns accrued on the Series M L Preferred Partnership Units at the distribution rate specified in this paragraph. No interest will be paid in respect of any distribution payment or payments on the Series M L Preferred Partnership Units that may be in arrears.

Appears in 1 contract

Samples: Seventh Amended and Restated Agreement of Limited Partnership (Ashford Hospitality Trust Inc)

Pursuant to Section 8. 1 of the Partnership Agreement but subject to the rights of holders of any Preferred Partnership Units ranking senior to the Series M E Preferred Partnership Units as to the payment of distributions, Braemar Ashford OP Limited Partner LLC, in its capacity as the holder of the then outstanding Series M E Preferred Partnership Units, shall be entitled to receive, when when, as and as if authorized by the General Partner, from the Cash Flow, cumulative monthly quarterly preferential cash distributions in an amount per Series M E Preferred Partnership Unit equal to 7.09.000% of the $25.00 liquidation preference per annum of the stated value of $25.00 per Series M Preferred Partnership Unit (the “Stated Value”) (equivalent to an a fixed annual distribution rate amount of $1.75 2.25 per Series M E Preferred Partnership Unit). Beginning one year Distributions of Preferred Return on the Series E Preferred Partnership Units shall be cumulative from the date of original issuance issuance, whether or not in any distribution period or periods (i) such distributions shall be authorized by the General Partner, (ii) there shall be funds legally available for the payment of each Series M Preferred Partnership Unitsuch distributions or (iii) any agreement prohibits the Partnership’s payment of such distributions, and on each one year anniversary thereafter for such Series M Preferred Partnership Unit, the dividend rate shall increase by 0.10% per annum for such Series M Preferred Partnership Unit; provided, however, that the dividend rate for any Series M Preferred Partnership Unit shall not exceed 7.5% per annum of the Stated Value. For purposes of this section (c)(i) only, the “date of the original issuance” of the Series M Preferred Partnership Unit shall mean the earliest date that any Series M Preferred Partnership Unit was issued during the calendar quarter in which the Series M Preferred Partnership Unit was issued. Distributions distributions shall be payable monthly on quarterly the 15th day of January, April, July and October of each month year (or, if such payment date is not a Business Day, the next succeeding Business Day, with the same force and effect as if paid on such ). Any distribution payment date, and no interest or additional distributions or other sums shall accrue of Preferred Return payable on the amount so payable from such Series E Preferred Partnership Units for any partial distribution payment date to such next succeeding Business Day)period will be computed on the basis of twelve 30-day months and a 360-day year. Distributions of Preferred Return shall will be payable in arrears to holders of record as they appear on the records of the Partnership at the close of business on the last Business Day day of each month of March, June, September and December, as the case may be, immediately preceding the applicable distribution payment date, which dates shall be the Partnership Record Dates for the Series M E Preferred Partnership Units. Any distribution of Preferred Return payable on the Series M Preferred Partnership Units for any distribution period (as defined below) will be computed on the basis of twelve 30-day months and a 360-day year. Except for distributions in liquidation or redemption as provided in Sections D and E, respectively, holders of Series M E Preferred Partnership Units will not be entitled to receive any distributions in excess of full cumulative Preferred Returns accrued on the Series M E Preferred Partnership Units at the distribution rate specified in this paragraph. No interest will be paid in respect of any distribution payment or payments on the Series M E Preferred Partnership Units that may be in arrears.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Ashford Hospitality Trust Inc)

Pursuant to Section 8. 1 of the Partnership Agreement but subject to the rights of holders of any Preferred Partnership Units ranking senior to the Series M D Preferred Partnership Units as to the payment of distributions, Braemar OP Limited Partner LLC, in its capacity as the holder of the then outstanding Series M D Preferred Partnership Units, shall be entitled to receive, when when, as and as if authorized by the General Partner, from the Cash Flow, cumulative monthly quarterly preferential cash distributions in an amount per Series M D Preferred Partnership Unit equal to 7.08.25% of the $25.00 liquidation preference per annum of the stated value of $25.00 per Series M Preferred Partnership Unit (the “Stated Value”) (equivalent to an a fixed annual distribution rate amount of $1.75 2.0625 per Series M D Preferred Partnership Unit). Beginning one year Distributions of Preferred Return on the Series D Preferred Partnership Units shall be cumulative from (and including) the date of original issuance issuance, whether or not in any distribution period or periods (i) such distributions shall be authorized by the General Partner, (ii) there shall be funds legally available for the payment of each Series M Preferred Partnership Unitsuch distributions or (iii) any agreement prohibits the Partnership’s payment of such distributions, and on each one year anniversary thereafter for such Series M Preferred Partnership Unit, the dividend rate shall increase by 0.10% per annum for such Series M Preferred Partnership Unit; provided, however, that the dividend rate for any Series M Preferred Partnership Unit shall not exceed 7.5% per annum of the Stated Value. For purposes of this section (c)(i) only, the “date of the original issuance” of the Series M Preferred Partnership Unit shall mean the earliest date that any Series M Preferred Partnership Unit was issued during the calendar quarter in which the Series M Preferred Partnership Unit was issued. Distributions distributions shall be payable monthly quarterly on the 15th day of January, April, July and October of each month year (or, if such payment date is not a Business Day, the next succeeding Business Day, Day with the same force and effect as if paid on such distribution payment date, and no interest or additional distributions or other sums shall accrue on the amount so payable from such distribution payment date to such next succeeding Business Day). Distributions of Preferred Return shall be payable in arrears to holders of record as they appear on the records of the Partnership at the close of business on the last Business Day of each month immediately preceding the applicable distribution payment date, which dates shall be the Partnership Record Dates for the Series M Preferred Partnership Units. Any distribution of Preferred Return payable on the Series M D Preferred Partnership Units for any distribution period (as defined below) will be computed on the basis of twelve 30-day months and a 360-day year. Except for distributions Distributions of Preferred Return will be payable in liquidation or redemption as provided in Sections D and E, respectively, arrears to holders of Series M Preferred Partnership Units will not be entitled to receive any distributions in excess of full cumulative Preferred Returns accrued record as they appear on the Series M Preferred records of the Partnership Units at the distribution rate specified in this paragraph. No interest will be paid in respect close of any distribution payment or payments business on the Series M Preferred Partnership Units that last day of each of March, June, September and December, as the case may be in arrears.be, immediately preceding the applicable

Appears in 1 contract

Samples: Agreement of Limited Partnership (Braemar Hotels & Resorts Inc.)

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Pursuant to Section 8. 1 of the Partnership Agreement but subject to the rights of holders of any Preferred Partnership Units ranking senior to the Series M Preferred Partnership Units as to the payment of distributions, Braemar Ashford OP Limited Partner LLC, in its capacity as the holder of the then outstanding Series M Preferred Partnership Units, shall be entitled to receive, when and as authorized by the General Partner, from the Cash Flow, cumulative monthly preferential cash distributions in an amount per Series M Preferred Partnership Unit equal to 7.0% [XX]% per annum of the stated value of $25.00 per Series M Preferred Partnership Unit (the “Stated Value”) (equivalent to an annual distribution rate of $1.75 [XX] per Series M Preferred Partnership Unit). Beginning one year from the date of original issuance of each Series M Preferred Partnership Unit, and on each one year anniversary thereafter for such Series M Preferred Partnership Unit, the dividend rate shall increase by 0.10% per annum for such Series M Preferred Partnership Unit; provided, however, that the dividend rate for any Series M Preferred Partnership Unit shall not exceed 7.5% [XX]% per annum of the Stated Value. For purposes of this section (c)(i) only, the “date of the original issuance” of the Series M Preferred Partnership Unit shall mean the earliest date that any Series M Preferred Partnership Unit was issued during the calendar quarter in which the Series M Preferred Partnership Unit was issued. Distributions shall be payable monthly on the 15th day of each month (or, if such payment date is not a Business Day, the next succeeding Business Day, with the same force and effect as if paid on such distribution payment date, and no interest or additional distributions or other sums shall accrue on the amount so payable from such distribution payment date to such next succeeding Business Day). Distributions of Preferred Return shall be payable in arrears to holders of record as they appear on the records of the Partnership at the close of business on the last Business Day of each month immediately preceding the applicable distribution payment date, which dates shall be the Partnership Record Dates for the Series M Preferred Partnership Units. Any distribution of Preferred Return payable on the Series M Preferred Partnership Units for any distribution period (as defined below) will be computed on the basis of twelve 30-day months and a 360-day year. Except for distributions in liquidation or redemption as provided in Sections D and E, respectively, holders of Series M Preferred Partnership Units will not be entitled to receive any distributions in excess of full cumulative Preferred Returns accrued on the Series M Preferred Partnership Units at the distribution rate specified in this paragraph. No interest will be paid in respect of any distribution payment or payments on the Series M Preferred Partnership Units that may be in arrears.

Appears in 1 contract

Samples: Seventh Amended and Restated Agreement of Limited Partnership (Ashford Hospitality Trust Inc)

Pursuant to Section 8. 1 of the Partnership Agreement but subject to the rights of holders of any Preferred Partnership Units ranking senior to the Series M E Preferred Partnership Units as to the payment of distributions, Braemar OP Limited Partner LLC, in its capacity as the holder of the then outstanding Series M E Preferred Partnership Units, shall be entitled to receive, when and as authorized by the General Partner, from the Cash Flow, cumulative monthly preferential cash distributions in an amount per Series M E Preferred Partnership Unit equal to 7.06.5% per annum of the stated value of $25.00 per Series M E Preferred Partnership Unit (the “Stated Value”) (equivalent to an annual distribution rate of $1.75 1.625 per Series M E Preferred Partnership Unit). Beginning one year from the date of original issuance of each Series M Preferred Partnership Unit, and on each one year anniversary thereafter for such Series M Preferred Partnership Unit, the dividend rate shall increase by 0.10% per annum for such Series M Preferred Partnership Unit; provided, however, that the dividend rate for any Series M Preferred Partnership Unit shall not exceed 7.5% per annum of the Stated Value. For purposes of this section (c)(i) only, the “date of the original issuance” of the Series M Preferred Partnership Unit shall mean the earliest date that any Series M Preferred Partnership Unit was issued during the calendar quarter in which the Series M Preferred Partnership Unit was issued. Distributions shall be payable monthly on the 15th day of each month (or, if such payment date is not a Business Day, the next succeeding Business Day, with the same force and effect as if paid on such distribution payment date, and no interest or additional distributions or other sums shall accrue on the amount so payable from such distribution payment date to such next succeeding Business Day). Distributions of Preferred Return shall be payable in arrears to holders of record as they appear on the records of the Partnership at the close of business on the last Business Day of each month immediately preceding the applicable distribution payment date, which dates shall be the Partnership Record Dates for the Series M E Preferred Partnership Units. Any distribution of Preferred Return payable on the Series M E Preferred Partnership Units for any distribution period (as defined below) will be computed on the basis of twelve 30-day months and a 360-day year. Except for distributions in liquidation or redemption as provided in Sections D and E, respectively, holders of Series M E Preferred Partnership Units will not be entitled to receive any distributions in excess of full cumulative Preferred Returns accrued on the Series M E Preferred Partnership Units at the distribution rate specified in this paragraph. No interest will be paid in respect of any distribution payment or payments on the Series M E Preferred Partnership Units that may be in arrears.

Appears in 1 contract

Samples: Third Amended and Restated Agreement of Limited Partnership (Braemar Hotels & Resorts Inc.)

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