Common use of Rank Clause in Contracts

Rank. The Series A Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on parity with the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A Preferred Units prior to conversion or exchange. The Series A Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 4 contracts

Samples: Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.), Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.), Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.)

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Rank. The Series A Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank rank: (a) senior to all classes or and series of Common Units of the Partnership Partnership, and any other class or series of Preferred Units expressly designated as ranking junior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with any other class or series of Preferred Units issued by the Partnership expressly designated as ranking on parity with the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A Preferred Units as with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A Preferred Units prior to conversion or exchange. The Series A Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Resource REIT, Inc.), Limited Partnership Agreement (Resource REIT, Inc.), Limited Partnership Agreement (Resource Real Estate Opportunity REIT II, Inc.)

Rank. The Series A Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (( collectively, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A Preferred Units prior to conversion or exchange. The Series A Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Summit Hotel Properties, Inc.), Agreement of Limited Partnership (Summit Hotel Properties, Inc.), Agreement of Limited Partnership (Summit Hotel Properties, Inc.)

Rank. The Series A Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with any other class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A Preferred Units as with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A Preferred Units prior to conversion or exchange. The Series A Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtednessindebtedness and to the indebtedness and other liabilities of the Partnership’s existing Subsidiaries and any future Subsidiaries.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Vinebrook Homes Trust, Inc.), Limited Partnership Agreement (Vinebrook Homes Trust, Inc.), Limited Partnership Agreement (Vinebrook Homes Trust, Inc.)

Rank. The Series A Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Partnership Common Units (“Common Units”) of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A Preferred Units prior to conversion or exchange. The Series A Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 3 contracts

Samples: Agreement of Limited Partnership (Medalist Diversified REIT, Inc.), Agreement of Limited Partnership (Medalist Diversified REIT, Inc.), Agreement of Limited Partnership (City Office REIT, Inc.)

Rank. The Series A Preferred Units will, with respect to distribution rights priority of payment of distributions and rights upon voluntary or involuntary liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units issued by the Partnership expressly designated as ranking junior to the Series A Preferred Units as to distribution rights distributions and rights upon voluntary or involuntary liquidation, dissolution or winding up of the Partnership (collectivelytogether with the Common Units, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A Preferred Units as to distribution rights and rights upon voluntary or involuntary liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A Preferred Units as with respect to distribution rights priority of payment of distributions and rights upon voluntary or involuntary liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A Preferred Units prior or subsequent to conversion or exchange, which debt securities will rank senior to the Series A Preferred Units. The Series A Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Plymouth Industrial REIT Inc.), Agreement of Limited Partnership (Plymouth Industrial REIT Inc.)

Rank. The Series A B Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (( collectively, the “Junior Preferred Units”); (b) on a parity with the Series A Preferred Units and any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A B Preferred Units prior to conversion or exchange. The Series A B Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Summit Hotel Properties, Inc.), Agreement of Limited Partnership (Summit Hotel Properties, Inc.)

Rank. The Series A C Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A C Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with the Series A Preferred Units, the Series B Preferred Units and any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A C Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A C Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A C Preferred Units prior to conversion or exchange. The Series A C Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Summit Hotel Properties, Inc.), Fourth Amendment to the First Amended and Restated Agreement of Limited Partnership (Summit Hotel Properties, Inc.)

Rank. The Series A Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectivelytogether with the Common Units, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A Preferred Units as with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A Preferred Units prior to conversion or exchange. The Series A Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (HC Government Realty Trust, Inc.), Limited Partnership Agreement (Bluerock Residential Growth REIT, Inc.)

Rank. The Series A Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units and LTIP Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectivelytogether with the Common Units and the LTIP Units, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A Preferred Units Units, as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A Preferred Units as with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A Preferred Units prior to conversion or exchange. The Series A Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 2 contracts

Samples: Agreement of Limited Partnership (Global Medical REIT Inc.), Agreement of Limited Partnership (Cherry Hill Mortgage Investment Corp)

Rank. The Series A B Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with the Series A Preferred Units and any other class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A B Preferred Units as with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A B Preferred Units prior to conversion or exchange. The Series A B Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtednessindebtedness and to the indebtedness and other liabilities of the Partnership’s existing Subsidiaries and any future Subsidiaries.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Vinebrook Homes Trust, Inc.), Limited Partnership Agreement (Vinebrook Homes Trust, Inc.)

Rank. The Series A D Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A D Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectivelytogether with the Common Units, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series D Preferred Units, including the Series A Preferred Units Units, Series B Preferred Units, and Series C Preferred Units, as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A D Preferred Units as with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A D Preferred Units prior to conversion or exchange. The Series A D Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Bluerock Residential Growth REIT, Inc.)

Rank. The Series A G Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership Class A Units, Class B Units, LTIP Units, and any class or series of Preferred Partnership Units expressly designated as ranking junior to the Series A G Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Partnership Units issued by the Partnership expressly designated as ranking on a parity with the Series A G Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Partnership Units issued by the Partnership expressly designated as ranking senior to the Series A G Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Partnership Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A G Preferred Units prior to conversion or exchange. The Series A G Preferred Units will also rank junior in right or of payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (American Homes 4 Rent)

Rank. The Series A D Preferred Units will, with respect to distribution rights and rights upon voluntary or involuntary liquidation, dissolution or winding up of the Partnership, rank (a) senior to (i) all classes or series of Common Units of the Partnership and any class (ii) all classes or series of Preferred Units now or hereafter authorized, issued or outstanding, which are expressly designated as ranking junior to the Series A D Preferred Units as to distribution rights and rights upon voluntary or involuntary liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on parity with the Series B Preferred Units, the Series C Preferred Units and any other class or series of Preferred Units issued by the Partnership expressly designated as ranking on parity with the Series A D Preferred Units as to distribution rights and rights upon voluntary or involuntary liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A D Preferred Units as to distribution rights and rights upon voluntary or involuntary liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A D Preferred Units prior to conversion or exchange. The Series A D Preferred Units will also rank junior in right or of payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Amendment No. 6 to the Amended and Restated Agreement of Limited Partnership (Sotherly Hotels Lp)

Rank. The Series A C Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Partnership Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A C Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (( collectively, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership Partnership, including, without limitation, the Series B Preferred Units, expressly designated as ranking on a parity with the Series A C Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A C Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A C Preferred Units prior to conversion or exchange. The Series A C Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Investors Real Estate Trust)

Rank. The Series A F Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership Class A Units, Class B Units, LTIP Units, and any class or series of Preferred Partnership Units expressly designated as ranking junior to the Series A F Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Partnership Units issued by the Partnership expressly designated as ranking on a parity with the Series A F Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Partnership Units issued by the Partnership expressly designated as ranking senior to the Series A F Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Partnership Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A F Preferred Units prior to conversion or exchange. The Series A F Preferred Units will also rank junior in right or of payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (American Homes 4 Rent)

Rank. The Series A D Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A D Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with the Series A Preferred Units, the Series B Preferred Units, the Series C Preferred Units and any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A D Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A D Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A D Preferred Units prior to conversion or exchange. The Series A D Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Summit Hotel Properties, Inc.)

Rank. The Series A Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Class A Units of the Partnership and Class B Units and any class or series of Preferred Units expressly designated as ranking junior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A Preferred Units prior to conversion or exchange. The Series A Preferred Units will also rank junior in right or of payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Chesapeake Lodging Trust)

Rank. The Series A D Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Partnership Units of the Partnership and to any class or series of Preferred Units expressly designated as ranking junior to the Series A D Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Series D Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A D Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Series D Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership Partnership, including, without limitation, the Series C Preferred Units, expressly designated as ranking senior to the Series A D Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A D Preferred Units prior to conversion or exchange. The Series A D Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Investors Real Estate Trust)

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Rank. The Series A T Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A T Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectivelytogether with the Common Units, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series T Preferred Units, including the Series A Preferred Units, Series B Preferred Units, Series C Preferred Units and Series D Preferred Units, as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A T Preferred Units as with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A T Preferred Units prior to conversion or exchange. The Series A T Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Second Amended and Restated Agreement of Limited Partnership (Bluerock Residential Growth REIT, Inc.)

Rank. The Series A C Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership Partnership, the Series A Preferred Units, the Series B Preferred Units, and any class or series of Preferred Units expressly designated as ranking junior to the Series A C Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with any other class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A C Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A C Preferred Units as with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A C Preferred Units prior to conversion or exchange. The Series A C Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (HC Government Realty Trust, Inc.)

Rank. The Series A Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectivelytogether with the Common Units, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A Preferred Units as with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A Preferred Units prior to conversion or exchange. The Series A Preferred Units will also rank junior in right or to payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Bluerock Homes Trust, Inc.)

Rank. The Series A E Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Partnership Units of the Partnership and to any class or series of Preferred Units expressly designated as ranking junior to the Series A E Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Series E Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership Partnership, including, without limitation, the Series D Preferred Units, expressly designated as ranking on a parity with the Series A E Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Series E Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership Partnership, including, without limitation, the Series C Preferred Units, expressly designated as ranking senior to the Series A E Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A E Preferred Units prior to conversion or exchange. The Series A E Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Amended and Restated Agreement of Limited Partnership (Centerspace)

Rank. The Series A B Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectivelytogether with the Common Units, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series B Preferred Units, including the Series A Preferred Units Units, as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A B Preferred Units as with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A B Preferred Units prior to conversion or exchange. The Series A B Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Second Amended and Restated Agreement of Limited Partnership (Bluerock Residential Growth REIT, Inc.)

Rank. The Series A D Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership Class A Units, Class B Units, LTIP Units, and any class or series of Preferred Partnership Units expressly designated as ranking junior to the Series A D Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Partnership Units issued by the Partnership expressly designated as ranking on a parity with the Series A D Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Partnership Units issued by the Partnership expressly designated as ranking senior to the Series A D Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Partnership Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A D Preferred Units prior to conversion or exchange. The Series A D Preferred Units will also rank junior in right or of payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (American Homes 4 Rent)

Rank. The Series A B Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with the Series A Preferred Units of the Partnership and any other class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A B Preferred Units as with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A B Preferred Units prior to conversion or exchange. The Series A B Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (HC Government Realty Trust, Inc.)

Rank. The Series A E Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership Class A Units, Class B Units, LTIP Units, and any class or series of Preferred Partnership Units expressly designated as ranking junior to the Series A E Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Partnership Units issued by the Partnership expressly designated as ranking on a parity with the Series A E Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Partnership Units issued by the Partnership expressly designated as ranking senior to the Series A E Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Partnership Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A E Preferred Units prior to conversion or exchange. The Series A E Preferred Units will also rank junior in right or of payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (American Homes 4 Rent)

Rank. The Series A C Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A C Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectivelytogether with the Common Units, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series C Preferred Units, including the Series A Preferred Units and Series B Preferred Units, as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A C Preferred Units as with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”)Partnership. The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A C Preferred Units prior to conversion or exchange. The Series A C Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Bluerock Residential Growth REIT, Inc.)

Rank. The Series A B Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Partnership Units of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (( collectively, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Units issued by the Partnership Partnership, including, without limitation, the Series A Preferred Units, expressly designated as ranking on a parity with the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A B Preferred Units prior to conversion or exchange. The Series A B Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Investors Real Estate Trust)

Rank. The Series A H Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Common Units of the Partnership Class A Units, Class B Units, LTIP Units, and any class or series of Preferred Partnership Units expressly designated as ranking junior to the Series A H Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with any class or series of Preferred Partnership Units issued by the Partnership expressly designated as ranking on a parity with the Series A H Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Partnership Units issued by the Partnership expressly designated as ranking senior to the Series A H Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Partnership Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A H Preferred Units prior to conversion or exchange. The Series A H Preferred Units will also rank junior in right or of payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (American Homes 4 Rent)

Rank. The Series A B Preferred Units will, with respect to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership, rank (a) senior to all classes or series of Partnership Common Units (“Common Units”) of the Partnership and any class or series of Preferred Units expressly designated as ranking junior to the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (collectively, the “Junior Preferred Units”); (b) on a parity with the Series A Preferred Units and any class or series of Preferred Units issued by the Partnership expressly designated as ranking on a parity with the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Parity Preferred Units”); and (c) junior to any class or series of Preferred Units issued by the Partnership expressly designated as ranking senior to the Series A B Preferred Units as to distribution rights and rights upon liquidation, dissolution or winding up of the Partnership (the “Senior Preferred Units”). The term “Preferred Units” does not include convertible or exchangeable debt securities of the Partnership, including convertible or exchangeable debt securities which will rank senior to the Series A B Preferred Units prior to conversion or exchange. The Series A B Preferred Units will also rank junior in right or payment to the Partnership’s existing and future indebtedness.

Appears in 1 contract

Samples: Agreement of Limited Partnership (Medalist Diversified REIT, Inc.)

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