Common use of Redemption of Excess Units Clause in Contracts

Redemption of Excess Units. The Partnership shall have the power, but not the obligation, to redeem Excess Units subject to the following terms and conditions: (i) the per Unit redemption price (the “Non-U.S. Citizen Redemption Price”) to be paid for the Excess Units to be redeemed shall be the sum of (A) the Current Market Price of the Units and (B) any distribution declared with respect to such Units prior to the date such Units are called for redemption hereunder but which has been withheld by the Partnership pursuant to subparagraph (d); (ii) the Non-U.S. Citizen Redemption Price shall be paid in cash; (iii) a notice of redemption shall be given by first class mail, postage prepaid, mailed not less than ten (10) days prior to the redemption date to each holder of record of the Units to be redeemed, at such holder’s address as the same appears on the Unit Register of the Partnership. Each such notice shall state (A) the redemption date, (B) the number of Units to be redeemed from such holder, (C) the Non-U.S. Citizen Redemption Price, and the manner of payment thereof, (D) the place where certificates for such Units are to be surrendered for payment of the Non-U.S. Citizen Redemption Price, and (E) that distributions on the Units to be redeemed will cease to accrue on such redemption date; (iv) from and after the redemption date, distributions on the Units called for redemption shall cease to accrue and such Units shall no longer be deemed to be outstanding and all rights of the holders thereof as Unitholders of the Partnership (except the right to receive from the Partnership the Non-U.S. Citizen Redemption Price) shall cease. Upon surrender of the certificates for any Units so redeemed in accordance with the requirements of the notice of redemption (properly endorsed or assigned for transfer if the General Partner shall so require and the notice shall so state), such Units shall be redeemed by the Partnership at the Non-U.S. Citizen Redemption Price. In case fewer than all the Units represented by any such certificate are redeemed, a new certificate shall be issued representing the Units not redeemed without cost to the holder thereof; and (v) such other terms and conditions as the General Partner may reasonably determine.

Appears in 2 contracts

Samples: Limited Partnership Agreement (U.S. Shipping Partners L.P.), Limited Partnership Agreement (K-Sea Transportation Partners Lp)

AutoNDA by SimpleDocs

Redemption of Excess Units. The Partnership shall have the power, but not the obligation, to redeem Excess Units subject to the following terms and conditions: (i) the per Unit redemption price (the “Non-U.S. Citizen Redemption Price”) to be paid for the Excess Units to be redeemed shall be the sum of (A) the Current Market Price of the Units and (B) any distribution declared with respect to such Units prior to the date such Units are called for redemption hereunder but which has been withheld by the Partnership pursuant to subparagraph (d); (ii) the Non-U.S. Citizen Redemption Price shall be paid in cash; (iii) a notice of redemption shall be given by first class mail, postage prepaid, mailed not less than ten (10) days prior to the redemption date to each holder of record Record Holder of the Units to be redeemed, at such holder’s address as the same appears on the Unit Register of the Partnership. Each such notice shall state (A) the redemption date, (B) the number of Units to be redeemed from such holder, (C) the Non-U.S. Citizen Redemption Price, and the manner of payment thereof, (D) the place where certificates for such Units are to be surrendered for payment of the Non-U.S. Citizen Redemption Price, and (E) that distributions on the Units to be redeemed will cease to accrue on such redemption date; (iv) from and after the redemption date, distributions on the Units called for redemption shall cease to accrue and such Units shall no longer be deemed to be outstanding and all rights of the holders thereof as Unitholders of the Partnership (except the right to receive from the Partnership the Non-U.S. Citizen Redemption Price) shall cease. Upon surrender of the certificates Certificates for any Units so redeemed in accordance with the requirements of the notice of redemption (properly endorsed or assigned for transfer if the General Partner shall so require and the notice shall so state), such Units shall be redeemed by the Partnership at the Non-U.S. Citizen Redemption Price. In case fewer than all the Units represented by any such certificate Certificate are redeemed, a new certificate Certificate shall be issued representing the Units not redeemed without cost to the holder thereof; and (v) such other terms and conditions as the General Partner may reasonably determine.

Appears in 1 contract

Samples: Agreement of Limited Partnership (OSG America L.P.)

AutoNDA by SimpleDocs

Redemption of Excess Units. The Partnership shall have the power, but not the obligation, to redeem Excess Units subject to the following terms and conditions: (i) the per Unit redemption price (the “Non-U.S. Citizen Redemption Price”) to be paid for the Excess Units to be redeemed shall be the sum of (A) the Current Market Price of the Units and (B) any distribution declared with respect to such Units prior to the date such Units are called for redemption hereunder but which has been withheld by the Partnership pursuant to subparagraph (d); (ii) the Non-U.S. Citizen Redemption Price shall be paid in cash; (iii) a notice of redemption shall be given by first class mail, postage prepaid, mailed not less than ten (10) days prior to the redemption date to each holder of record of the Units to be redeemed, at such holder’s address as the same appears on the Unit Register of the Partnership. Each such notice shall state (A) the redemption date, (B) the number of Units to be redeemed from such holder, (C) the Non-U.S. Citizen Redemption Price, and the manner of payment thereof, (D) the place where certificates for such Units are to be surrendered for payment of the Non-U.S. Citizen Redemption Price, and (E) that distributions on the Units to be redeemed will cease to accrue on such redemption date; (iv) from and after the redemption date, distributions on the Units called for redemption shall cease to accrue and such Units shall no longer be deemed to be outstanding and all rights of the holders thereof as Unitholders of the Partnership (except the right to receive from the Partnership the Non-U.S. Citizen Redemption Price) shall cease. Upon If certificated, upon surrender of the certificates for any Units so redeemed in accordance with the requirements of the notice of redemption (properly endorsed or assigned for transfer if the General Partner shall so require and the notice shall so state), and, if uncertificated, upon receipt of proper transfer instructions from the registered owner of the uncertificated Common Units, such Units shall be redeemed by the Partnership at the Non-U.S. Citizen Redemption Price. In case fewer than all the Units represented by any such certificate are redeemed, a new certificate or uncertificated Units shall be issued representing the Units not redeemed without cost to the holder thereof; and (v) such other terms and conditions as the General Partner may reasonably determine.

Appears in 1 contract

Samples: Limited Partnership Agreement (K-Sea Transportation Partners Lp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!