Common use of Redemption Procedure Clause in Contracts

Redemption Procedure. At least 30 days prior to the -------------------- Redemption Date, written notice (the "Redemption Notice") shall be mailed, postage prepaid, to each holder of record (at the close of business on the business day next preceding the day on which notice is given) of the Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock electing to have shares redeemed, at the address last shown on the records of the Corporation for such holder or given by the holder to the Corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office of the Corporation is located, notifying such holder of the redemption to be effected, specifying the number of shares to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as to such shares terminates and calling upon such holder to surrender to the Corporation, in the manner and at the place designated, its certificate or certificates representing the shares to be redeemed. Except as provided in Section D.6., on or after the Redemption Date, each holder of Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock to be redeemed shall surrender to the Corporation the certificate or certificates representing such shares, in the manner and at the place designated in the Redemption Notice, and thereupon, subject to the provisions of Section D.4., the aggregate Redemption Price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. In the event less than all the shares represented by any such certificate are redeemed, a new certificate shall be issued representing the unredeemed shares.

Redemption Procedure. Beginning with the first year anniversary of the Redemption Date, the corporation shall be required to redeem annually no more than that number of shares of Series C Preferred Stock and Series D Preferred Stock equal to twenty-five (25) percent of the shares of Series C Preferred Stock and Series D Preferred Stock outstanding as of the Redemption Date. Annually thereafter, each holder of Series C Preferred Stock and Series D Preferred Stock shall surrender to the corporation for redemption no more than that number of shares equal to twenty-five (25) percent of the shares held by such holder on the Redemption Date (with one-half being rounded upwards). At least 30 20 days prior to the -------------------- yearly anniversary of the Redemption Date, written notice (the "Redemption Notice") shall be mailedmailed first class, postage prepaid, to each holder of record (at the close of business on the business day next preceding the day on which notice is given) of the Series C Preferred Stock, Stock and Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock electing to have shares redeemed, at the address last shown on the records of the Corporation corporation for such holder or given by the holder to the Corporation corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office of the Corporation corporation is located, notifying such holder of the redemption to be effected, specifying the number of shares amount to be redeemedredeemed by such holder, the Redemption Date, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F D Preferred Stock into Common Stock Stock, as to such shares shares, terminates and calling upon such holder to surrender to the Corporationcorporation, in the manner and at the place designated, its certificate or certificates representing the shares to be redeemed. Except as provided in Section D.6.paragraph 5(d), on or after the Redemption Date, each holder of Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F D Preferred Stock to be redeemed shall surrender to the Corporation corporation the certificate or certificates representing such shares, in the manner and at the place designated in the Redemption Notice, and thereupon, subject to the provisions of Section D.4., the aggregate Redemption Price of such shares shall be payable in cash to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. In the event less than all the shares represented by any such certificate are redeemed, a new certificate shall be issued representing the unredeemed shares.

Redemption Procedure. At least 30 Subject to subsection (A) of this Section 4.4, within fifteen (15) days of the receipt by the Corporation of the Redemption Request, with respect to the first Redemption Date, and not less than thirty (30) days prior to the -------------------- second and third Redemption DateDates, the Corporation shall mail, first class postage prepaid, written notice (the "Redemption Notice"“Notice of Redemption”) shall be mailed, postage prepaid, to each holder of record (at the close of business on the business day next preceding the day on which notice is given) of the Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock electing to have shares redeemed, at the address last shown on the records of the Corporation for such holder or given by the holder to the Corporation Corporation, for the purpose of notice or if no such address appears or is given, at the place where the principal executive office of the Corporation is located, notifying such holder of the redemption to be effected. The Notice of Redemption shall specify the applicable Redemption Date, specifying the number of shares to be redeemed, of each series of Preferred Stock held by the holder that the Corporation shall redeem on the Redemption PriceDate specified in the Notice of Redemption, and the place at which payment may shall be obtained made, which shall be the principal offices of the Corporation or such other place as shall be mutually agreeable to the Corporation and holders of a majority of the date on which such holder's right to convert Series C Preferred Stock, Series D Preferred Stock, Series E shares of Preferred Stock or Series F then outstanding, on an as-converted basis. The Notice of Redemption shall call upon each holder of Preferred Stock into Common Stock as to such shares terminates and calling upon such holder to either (i) surrender to the Corporation, in the manner and at the place designated, its such holder’s certificate or certificates representing the shares to be redeemedredeemed or (ii) convert such Preferred Stock into Common Stock prior to the applicable Redemption Date in accordance with the provisions of Section 4.3 above. Except as provided in Subject to Section D.6.4.4 (C), on or after the each Redemption Date, each holder of Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock the Corporation shall pay the Redemption Price in cash or Series F Preferred Stock to be redeemed shall surrender by check to the Corporation order of the person whose name appears on the certificate or certificates representing such shares, of the Preferred Stock that (i) shall not have been converted pursuant to Section 4.3 hereof and (ii) shall have been surrendered to the Corporation in the manner and at the place designated in the Notice of Redemption Notice, and thereupon, subject to the provisions of Section D.4., the aggregate Redemption Price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and thereupon each surrendered certificate shall be canceled. In the event less than all the shares represented by any such certificate are redeemed, a new certificate shall be issued representing the unredeemed shares.

Redemption Procedure. At least (i) Notice of any redemption pursuant to this Section 9 (a "Call Notice") of Series A Preferred Interests will be given by the Partnership by mail to each record holder to be redeemed not fewer than 30 nor more than 60 days prior to the -------------------- Redemption Datedate fixed for redemption thereof. For purposes of the calculation of the date of redemption and the dates on which the Call Notice is given, written notice (the "Redemption Notice") a Call Notice shall be maileddeemed to be given on the day such notice is first mailed by first-class mail, postage prepaid, to each holder such holders of record Series A Preferred Interests. Each Call Notice shall be (at ii) In the close of business on event that fewer than all the business day next preceding the day on which notice is given) of the outstanding Series C A Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock electing to have shares redeemed, at the address last shown on the records of the Corporation for such holder or given by the holder to the Corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office of the Corporation is located, notifying such holder of the redemption to be effected, specifying the number of shares Interests are to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C A Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as to such shares terminates and calling upon such holder to surrender to the Corporation, in the manner and at the place designated, its certificate or certificates representing the shares to be redeemed. Except as provided in Section D.6., on or after the Redemption Date, each holder of Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock Interests to be redeemed shall surrender to the Corporation the certificate or certificates representing such shares, in the manner and will be selected at the place designated Partnership's discretion. (iii) If the Partnership gives a Call Notice in respect of Series A Preferred Interests, then upon the Redemption Noticedate fixed for redemption of the Series A Preferred Interests, and thereuponall rights of the holders of the Series A Preferred Interests so called for redemption will cease, subject to except the provisions right of Section D.4., the aggregate Redemption Price holders of such shares shall be payable securities to receive the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceledCall Price. In the event less than all that any date fixed for redemption of Series A Preferred Interests is not a business day, then payment of the shares represented by Call Price payable on such date will be made on the next succeeding day which is a business day (and without any interest or other payment in respect of any such certificate are redeemeddelay), a new certificate shall except that, if such business day falls in the next calendar year, such payment will be issued representing made on the unredeemed sharesimmediately preceding business day.

Redemption Procedure. At least (i) Notice of any redemption pursuant to this Section 9 (a "Call Notice") of Series E Preferred Interests will be given by the Partnership by mail to each record holder to be redeemed not fewer than 30 nor more than 60 days prior to the -------------------- Redemption Datedate fixed for redemption thereof. For purposes of the calculation of the date of redemption and the dates on which the Call Notice is given, written notice (the "Redemption Notice") a Call Notice shall be maileddeemed to be given on the day such notice is first mailed by first-class mail, postage prepaid, to each holder such holders of record (at the close of business on the business day next preceding the day on which notice is given) of the Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Interests. Each Call Notice shall be addressed to such holders of Series F E Preferred Stock electing to have shares redeemed, Interests at the address last shown on of the holder appearing in the books and records of the Corporation for such holder or given by Partnership. No defect in the holder to Call Notice (ii) In the Corporation for event that fewer than all the purpose of notice or if no such address appears or is given, at the place where the principal executive office of the Corporation is located, notifying such holder of the redemption to be effected, specifying the number of shares outstanding Series E Preferred Interests are to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as Interests to such shares terminates and calling upon such holder to surrender to the Corporation, in the manner and be redeemed will be selected at the place designated, its certificate or certificates representing Partnership's discretion. (iii) If the shares to be redeemed. Except as provided Partnership gives a Call Notice in Section D.6., on or after the Redemption Date, each holder respect of Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Interests, then upon the date fixed for redemption of the Series F E Preferred Stock to be redeemed shall surrender to Interests, all rights of the Corporation holders of the certificate or certificates representing such sharesSeries E Preferred Interests so called for redemption will cease, in except the manner and at right of the place designated in the Redemption Notice, and thereupon, subject to the provisions of Section D.4., the aggregate Redemption Price holders of such shares shall be payable securities to receive the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceledCall Price. In the event less than all that any date fixed for redemption of Series E Preferred Interests is not a business day, then payment of the shares represented by Call Price payable on such date will be made on the next succeeding day which is a business day (and without any interest or other payment in respect of any such certificate are redeemeddelay), a new certificate shall except that, if such business day falls in the next calendar year, such payment will be issued representing made on the unredeemed sharesimmediately preceding business day.

Redemption Procedure. At least (i) Notice of any redemption pursuant to this Section 9 (a "Call Notice") of Series E Preferred Interests will be given by the Partnership by mail to each record holder to be redeemed not fewer than 30 nor more than 60 days prior to the -------------------- Redemption Datedate fixed for redemption thereof. For purposes of the calculation of the date of redemption and the dates on which the Call Notice is given, written notice (the "Redemption Notice") a Call Notice shall be maileddeemed to be given on the day such notice is first mailed by first-class mail, postage prepaid, to each holder such holders of record (at the close of business on the business day next preceding the day on which notice is given) of the Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Interests. Each Call Notice shall be addressed to such holders of Series F E Preferred Stock electing to have shares redeemed, Interests at the address last shown on of the holder appearing in the books and records of the Corporation for such holder Partnership. No defect in the Call Notice or given by in the holder to mailing thereof or publication of its contents shall affect the Corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office of the Corporation is located, notifying such holder validity of the redemption to be effected, specifying proceedings. (ii) In the number of shares event that fewer than all the outstanding Series E Preferred Interests are to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as Interests to such shares terminates and calling upon such holder to surrender to the Corporation, in the manner and be redeemed will be selected at the place designated, its certificate or certificates representing Partnership's discretion. (iii) If the shares to be redeemed. Except as provided Partnership gives a Call Notice in Section D.6., on or after the Redemption Date, each holder respect of Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Interests, then upon the date fixed for redemption of the Series F E Preferred Stock to be redeemed shall surrender to Interests, all rights of the Corporation holders of the certificate or certificates representing such sharesSeries E Preferred Interests so called for redemption will cease, in except the manner and at right of the place designated in the Redemption Notice, and thereupon, subject to the provisions of Section D.4., the aggregate Redemption Price holders of such shares shall be payable securities to receive the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceledCall Price. In the event less than all that any date fixed for redemption of Series E Preferred Interests is not a business day, then payment of the shares represented by Call Price payable on such date will be made on the next succeeding day which is a business day (and without any interest or other payment in respect of any such certificate are redeemeddelay), a new certificate shall except that, if such business day falls in the next calendar year, such payment will be issued representing made on the unredeemed sharesimmediately preceding business day.

Redemption Procedure. At least 30 days prior (1) The Corporation may, but shall not be obligated to, elect to redeem all or any portion of the Series A Preferred Shares by providing written notice to the -------------------- holders, which notice shall be given in accordance with Section 12. Such notice shall state the number of shares to be redeemed and the Optional Redemption Date, written notice (the "Redemption Notice") which date shall be mailed, postage prepaid, within 20 calendar days of the date of such notice. The Corporation shall be entitled to each holder utilize any method reasonably chosen by the Board of record Directors thereof in order to determine which Series A Preferred Shares to redeem. Payment for such redeemed shares shall be made by the Corporation within two Business Days following the Optional Redemption Date. (at 2) From and after the close of business on the business day next preceding Optional Redemption Date, and provided that the day on which notice is given) Optional Redemption Price for such Series A Preferred Shares has been received by the relevant holder, the Series A Preferred Shares redeemed in accordance with this Section 9 shall no longer be deemed outstanding and all rights with respect to any such share shall forthwith cease following such redemption, except only the right of the Series C Preferred Stockholder thereof to receive, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock electing to have shares redeemed, at upon presentation in accordance with the address last shown on the records requirements of this Section 9 below of the Corporation certificate or certificates, or delivery of a Lost Stock Agreement, representing shares redeemed pursuant to this Section 9, the applicable Optional Redemption Price for such holder or given by share, without interest thereon. Notwithstanding anything to the holder contrary herein, the Corporation shall not be required to make any payment in respect of Series A Preferred Shares redeemed pursuant to this Section 8 until actual delivery to the Corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office its agents of the Corporation is located, notifying such holder of the redemption to be effected, specifying the number of shares to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as to such shares terminates and calling upon such holder to surrender to the Corporation, in the manner and at the place designated, its certificate or certificates representing the shares redeemed hereby, such delivery to be redeemed. Except as provided conducted in accordance with the requirements of paragraph (c) of this Section D.68., on or after the Redemption Date, each holder of (3) All Series C A Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock Shares redeemed pursuant to be redeemed shall surrender to the Corporation the certificate or certificates representing such shares, in the manner and at the place designated in the Redemption Notice, and thereupon, subject to the provisions of Section D.4., the aggregate Redemption Price of such shares this paragraph (b)(3) shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. In the event less than all the shares represented by any such certificate are redeemed, a new certificate shall be issued representing the unredeemed sharescancelled.

Redemption Procedure. At least (i) Notice of any redemption pursuant to this Section 9 (a "Call Notice") of Series D Preferred Interests will be given by the Partnership by mail to each record holder to be redeemed not fewer than 30 nor more than 60 days prior to the -------------------- Redemption Datedate fixed for redemption thereof. For purposes of the calculation of the date of redemption and the dates on which the Call Notice is given, written notice (the "Redemption Notice") a Call Notice shall be maileddeemed to be given on the day such notice is first mailed by first-class mail, postage prepaid, to each holder such holders of record (at the close of business on the business day next preceding the day on which notice is given) of the Series C Preferred Stock, Series D Preferred Stock, Interests. Each Call Notice shall be addressed to such holders of Series E D Preferred Stock or Series F Preferred Stock electing to have shares redeemed, Interests at the address last shown on of the holder appearing in the books and records of the Corporation for such holder or given by Partnership. No defect in the holder to Call Notice (ii) In the Corporation for event that fewer than all the purpose of notice or if no such address appears or is given, at the place where the principal executive office of the Corporation is located, notifying such holder of the redemption to be effected, specifying the number of shares outstanding Series D Preferred Interests are to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as Interests to such shares terminates and calling upon such holder to surrender to the Corporation, in the manner and be redeemed will be selected at the place designated, its certificate or certificates representing Partnership's discretion. (iii) If the shares to be redeemed. Except as provided Partnership gives a Call Notice in Section D.6., on or after the Redemption Date, each holder respect of Series C Preferred Stock, Series D Preferred StockInterests, then upon the date fixed for redemption of the Series E D Preferred Stock or Interests, all rights of the holders of the Series F D Preferred Stock to be redeemed shall surrender to Interests so called for redemption will cease, except the Corporation right of the certificate or certificates representing such shares, in the manner and at the place designated in the Redemption Notice, and thereupon, subject to the provisions of Section D.4., the aggregate Redemption Price holders of such shares shall be payable securities to receive the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceledCall Price. In the event less than all that any date fixed for redemption of Series D Preferred Interests is not a business day, then payment of the shares represented by Call Price payable on such date will be made on the next succeeding day which is a business day (and without any interest or other payment in respect of any such certificate are redeemeddelay), except that, if such business day falls in the next calendar year, such payment will be made on the immediately preceding business day. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.] DESIGNATION OF SERIES E 10% PAYMENT-IN-KIND PREFERRED LIMITED PARTNER INTERESTS This Exhibit 6 constitutes a new certificate designation in accordance with Section 2.4 of the Second Amended and Restated Agreement of Limited Partnership (the "Agreement"). This designation authorizes the issuance of Series E 10% Payment- in-Kind Preferred Limited Partner Interests of the Partnership under the terms set forth below. The defined terms used but not defined in this Exhibit 6 shall be issued representing have the unredeemed sharesmeaning ascribed thereto in the Agreement.

Redemption Procedure. At least (i) Notice of any redemption pursuant to this Section 9 (a "Call Notice") of Series D Preferred Interests will be given by the Partnership by mail to each record holder to be redeemed not fewer than 30 nor more than 60 days prior to the -------------------- Redemption Datedate fixed for redemption thereof. For purposes of the calculation of the date of redemption and the dates on which the Call Notice is given, written notice (the "Redemption Notice") a Call Notice shall be maileddeemed to be given on the day such notice is first mailed by first-class mail, postage prepaid, to each holder such holders of record (at the close of business on the business day next preceding the day on which notice is given) of the Series C Preferred Stock, Series D Preferred Stock, Interests. Each Call Notice shall be addressed to such holders of Series E D Preferred Stock or Series F Preferred Stock electing to have shares redeemed, Interests at the address last shown on of the holder appearing in the books and records of the Corporation for such holder Partnership. No defect in the Call Notice or given by in the holder to mailing thereof or publication of its contents shall affect the Corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office of the Corporation is located, notifying such holder validity of the redemption to be effected, specifying proceedings. (ii) In the number of shares event that fewer than all the outstanding Series D Preferred Interests are to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as Interests to such shares terminates and calling upon such holder to surrender to the Corporation, in the manner and be redeemed will be selected at the place designated, its certificate or certificates representing Partnership's discretion. (iii) If the shares to be redeemed. Except as provided Partnership gives a Call Notice in Section D.6., on or after the Redemption Date, each holder respect of Series C Preferred Stock, Series D Preferred StockInterests, then upon the date fixed for redemption of the Series E D Preferred Stock or Interests, all rights of the holders of the Series F D Preferred Stock to be redeemed shall surrender to Interests so called for redemption will cease, except the Corporation right of the certificate or certificates representing such shares, in the manner and at the place designated in the Redemption Notice, and thereupon, subject to the provisions of Section D.4., the aggregate Redemption Price holders of such shares shall be payable securities to receive the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceledCall Price. In the event less than all that any date fixed for redemption of Series D Preferred Interests is not a business day, then payment of the shares represented by Call Price payable on such date will be made on the next succeeding day which is a business day (and without any interest or other payment in respect of any such certificate are redeemeddelay), a new certificate shall except that, if such business day falls in the next calendar year, such payment will be issued representing made on the unredeemed sharesimmediately preceding business day. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.]

Redemption Procedure. At least (i) Notice of any redemption pursuant to this Section 9 (a "Call Notice") of Series C Preferred Interests will be given by the Partnership by mail to each record holder to be redeemed not fewer than 30 nor more than 60 days prior to the -------------------- Redemption Datedate fixed for redemption thereof. For purposes of the calculation of the date of redemption and the dates on which the Call Notice is given, written notice (the "Redemption Notice") a Call Notice shall be maileddeemed to be given on the day such notice is first mailed by first-class mail, postage prepaid, to each holder such holders of record (Series C Preferred Interests. Each Call Notice shall be addressed to such holders of Series C Preferred Interests at the close address of business on the business day next preceding holder appearing in the day on which notice is givenbooks and records of the Partnership. No defect in the Call Notice or in the mailing thereof or publication of its contents shall affect the validity of the redemption proceedings. (ii) In the event that fewer than all the outstanding Series C Preferred Interests are to be redeemed, the Series C Preferred Interests to be redeemed will be selected at the Partnership's discretion. (iii) If the Partnership gives a Call Notice in respect of Series C Preferred Interests, then upon the date fixed for redemption of the Series C Preferred StockInterests, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock electing to have shares redeemed, at the address last shown on the records all rights of the Corporation for such holder or given by the holder to the Corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office holders of the Corporation is located, notifying such holder of the redemption to be effected, specifying the number of shares to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C Preferred StockInterests so called for redemption will cease, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as except the right of the holders of such securities to such shares terminates and calling upon such holder to surrender to receive the Corporation, in Call Price. In the manner and at the place designated, its certificate or certificates representing the shares to be redeemed. Except as provided in Section D.6., on or after the Redemption Date, each holder event that any date fixed for redemption of Series C Preferred StockInterests is not a business day, then payment of the Call Price payable on such date will be made on the next succeeding day which 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. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.] DESIGNATION OF SERIES D 9 1/2% PREFERRED LIMITED PARTNER INTERESTS This Exhibit 5 constitutes a designation in accordance with Section 2.4 of the Second Amended and Restated Agreement of Limited Partnership (the "Agreement"). This designation authorizes the issuance of Series D 9 1/2% Preferred Stock, Series E Preferred Stock or Series F Preferred Stock to be redeemed Limited Partner Interests of the Partnership under the terms set forth below. The defined terms used but not defined in this Exhibit 5 shall surrender to have the Corporation the certificate or certificates representing such shares, meaning ascribed thereto in the manner and at the place designated in the Redemption Notice, and thereupon, subject to the provisions of Section D.4Agreement., the aggregate Redemption Price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. In the event less than all the shares represented by any such certificate are redeemed, a new certificate shall be issued representing the unredeemed shares.

Redemption Procedure. At least (i) Notice of any redemption pursuant to this Section 9 (a "Call Notice") of Series A Preferred Interests will be given by the Partnership by mail to each record holder to be redeemed not fewer than 30 nor more than 60 days prior to the -------------------- Redemption Datedate fixed for redemption thereof. For purposes of the calculation of the date of redemption and the dates on which the Call Notice is given, written notice (the "Redemption Notice") a Call Notice shall be maileddeemed to be given on the day such notice is first mailed by first-class mail, postage prepaid, to each holder such holders of record (at the close Series A Preferred Interests. Each Call Notice shall be addressed to such holders of business on the business day next preceding the day on which notice is given) of the Series C A Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock electing to have shares redeemed, Interests at the address last shown on of the holder appearing in the books and records of the Corporation for such holder Partnership. No defect in the Call Notice or given by in the holder to mailing thereof or publication of its contents shall affect the Corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office of the Corporation is located, notifying such holder validity of the redemption to be effected, specifying proceedings. (ii) In the number of shares event that fewer than all the outstanding Series A Preferred Interests are to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C A Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as to such shares terminates and calling upon such holder to surrender to the Corporation, in the manner and at the place designated, its certificate or certificates representing the shares to be redeemed. Except as provided in Section D.6., on or after the Redemption Date, each holder of Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock Interests to be redeemed shall surrender to the Corporation the certificate or certificates representing such shares, in the manner and will be selected at the place designated Partnership's discretion. (iii) If the Partnership gives a Call Notice in respect of Series A Preferred Interests, then upon the Redemption Noticedate fixed for redemption of the Series A Preferred Interests, and thereuponall rights of the holders of the Series A Preferred Interests so called for redemption will cease, subject to except the provisions right of Section D.4., the aggregate Redemption Price holders of such shares shall be payable securities to receive the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceledCall Price. In the event less than all that any date fixed for redemption of Series A Preferred Interests is not a business day, then payment of the shares represented by Call Price payable on such date will be made on the next succeeding day which is a business day (and without any interest or other payment in respect of any such certificate are redeemeddelay), a new certificate shall except that, if such business day falls in the next calendar year, such payment will be issued representing made on the unredeemed sharesimmediately preceding business day.

Redemption Procedure. At least Within 15 days after an Officer becomes aware of any event or condition which could reasonably be expected to give rise to a Mandatory Redemption Event (other than a Voluntary Acquisition Transaction), within five Business Days after a Voluntary Acquisition Transaction shall have been announced to the public or becomes a matter of public record and in the event the Corporation elects a Corporation Option Redemption, not less than 30 days nor more than 60 days prior to the -------------------- Redemption DateDate specified by the Corporation, the Corporation shall send a written notice (the "Redemption Notice") shall be mailed, postage prepaid, by first class mail to each holder of record (at the close of business on the business day next preceding the day on which notice is given) of the Series C A Cumulative Convertible Preferred StockShares at such holder’s registered address, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock electing to have shares redeemed, at stating: (i) in the address last shown on the records case of the a Corporation for such holder or given by the holder to the Corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office of the Corporation is located, notifying such holder of the redemption to be effected, specifying the number of shares to be redeemedOption Redemption, the Redemption PriceDate and, in the case of the occurrence or potential occurrence of a Mandatory Redemption Event, the place at which payment may be obtained events causing such Mandatory Redemption Event and the date on upon which such holder's right Mandatory Redemption Event occurred or is expected to convert Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as to such shares terminates and calling upon such holder to surrender occur (the “Proposed Redemption Date”); (ii) the Redemption Price that will be payable with respect to the Corporation, in shares of the manner and at Series A Cumulative Convertible Preferred Shares as of the place designated, its certificate Redemption Date or certificates representing the shares to be redeemed. Except as provided in Section D.6., on or after the Proposed Redemption Date, each holder of Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock to and whether such Redemption Price will be redeemed shall surrender to the Corporation the certificate or certificates representing such shares, in the manner and at the place designated in the Redemption Notice, and thereuponpaid, subject to the provisions of Section D.4.6(f) in cash or, if applicable, in shares of Voting Common Stock or if a combination of cash and Voting Common Stock, the aggregate portions of the Redemption Price in respect of which the Corporation will pay in cash and shares of Voting Common Stock; (iii) the Conversion Price, the Conversion Rate and any adjustments thereto made after the Issue Date, in each case as of the date of such shares shall notice; (iv) if such Mandatory Redemption Event is proposed to be payable made in connection with, or in anticipation of, a Fundamental Change that occurs prior to January 16, 2023, the Transaction Consideration, the number of Additional Shares and the additional Transaction Consideration which such holder would be entitled to receive pursuant to the order provisions of Section 8. (v) that shares of the person whose name appears Series A Cumulative Convertible Preferred Shares which are the subject of such redemption may be converted at any time before 5:00 p.m., New York City time on such certificate or the Business Day immediately preceding the Redemption Date; (vi) if applicable, that holders who want to convert shares of the Series A Cumulative Convertible Preferred Shares must satisfy the requirements set forth in Section 7 of this Certificate; (vii) that certificates as evidencing the owner thereof and each shares of the Series A Cumulative Convertible Preferred Shares to be redeemed must be surrendered certificate shall be canceled. In to the event less Corporation to collect the Redemption Price; (viii) if fewer than all the outstanding shares represented of the Series A Cumulative Convertible Preferred Shares are to be redeemed by the Corporation, the number of shares to be redeemed of the Series A Cumulative Convertible Preferred Shares; (ix) that, unless the Corporation defaults in making payment of such Redemption Price, dividends in respect of the shares of the Series A Cumulative Convertible Preferred Shares which are the subject of such redemption will cease to accumulate on and after the Redemption Date; (x) the private placement number of the Series A Cumulative Convertible Preferred Shares; and (xi) any such certificate are redeemed, a new certificate shall be issued representing other information the unredeemed sharesCorporation wishes to present.

Redemption Procedure. At least The Corporation shall designate by lot, or in such other manner as the Board of Directors may determine, the shares to be redeemed, or shall effect such redemption pro rata. Not more than 60 nor less than 30 days prior to the -------------------- Optional Redemption Date, written notice (the "Redemption Notice") shall be mailedby first-class mail, postage prepaid, shall be given to each holder the holders of record (of the Series A Preferred to be redeemed, addressed to such stockholders at their last addresses as shown on the books of the Corporation. Each such notice of redemption shall specify the date fixed for redemption, the Redemption Price, the place or places of payment, that payment will be made upon presentation and surrender of the shares of Series A Preferred, that on and after the redemption date dividends will cease to accumulate on such shares, the then-effective conversion rate pursuant to Section 4 and that the right of holders to convert shall terminate at the close of business on the business day next preceding Optional Redemption Date. Any notice which is mailed as herein provided shall be conclusively presumed to have been duly given, whether or not the day on which notice is given) holder of the Series C A Preferred Stockreceives such notice; and failure to give such notice by mail, Series D Preferred Stockor any defect in such notice, Series E Preferred Stock or Series F Preferred Stock electing to have the holders of any shares redeemed, at designated for redemption shall not affect the address last shown on the records validity of the Corporation for such holder or given by the holder to the Corporation proceedings for the purpose redemption of notice or if no such address appears or is given, at the place where the principal executive office any other shares of the Corporation is located, notifying such holder of the redemption to be effected, specifying the number of shares to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as to such shares terminates and calling upon such holder to surrender to the Corporation, in the manner and at the place designated, its certificate or certificates representing the shares to be redeemedA Preferred. Except as provided in Section D.6., on On or after the Redemption Datedate fixed for redemption as stated in such notice, each holder of Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock to be redeemed the shares called for redemption shall surrender the certificate evidencing such shares to the Corporation the certificate or certificates representing such shares, in the manner and at the place designated in such notice and shall thereupon be entitled to receive payment of the Redemption Notice, and thereupon, subject to the provisions of Section D.4., the aggregate Redemption Price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceledPrice. In the event If less than all the shares represented by any such surrendered certificate are redeemed, a new certificate shall be issued representing the unredeemed shares. If, on the date fixed for redemption, funds necessary for the redemption shall be available therefor and shall have been irrevocably deposited or set aside, then, notwithstanding that the certificates evidencing any shares so called for redemption shall not have been surrendered, the dividends with respect to the shares so called shall cease to accrue after the date fixed for redemption, the shares shall no longer be deemed outstanding, the holders thereof shall cease to be stockholders, and all rights whatsoever with respect to the shares so called for redemption (except the right of the holders to receive the Redemption Price without interest upon surrender of their certificates therefor) shall terminate.

Redemption Procedure. At least (i) Notice of any redemption pursuant to this Section 9 (a "Call Notice") of Series B Preferred Interests will be given by the Partnership by mail to each record holder to be redeemed not fewer than 30 nor more than 60 days prior to the -------------------- Redemption Datedate fixed for redemption thereof. For purposes of the calculation of the date of redemption and the dates on which the Call Notice is given, written notice (the "Redemption Notice") a Call Notice shall be maileddeemed to be given on the day such notice is first mailed by first-class mail, postage prepaid, to each holder such holders of record (at the close Series B Preferred Interests. Each Call Notice shall be addressed to such holders of business on the business day next preceding the day on which notice is given) of the Series C B Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock electing to have shares redeemed, Interests at the address last shown on of the holder appearing in the books and records of the Corporation for such holder Partnership. No defect in the Call Notice or given by in the holder to mailing thereof or publication of its contents shall affect the Corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office of the Corporation is located, notifying such holder validity of the redemption to be effected, specifying proceedings. (ii) In the number of shares event that fewer than all the outstanding Series B Preferred Interests are to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C B Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as to such shares terminates and calling upon such holder to surrender to the Corporation, in the manner and at the place designated, its certificate or certificates representing the shares to be redeemed. Except as provided in Section D.6., on or after the Redemption Date, each holder of Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock Interests to be redeemed shall surrender to the Corporation the certificate or certificates representing such shares, in the manner and will be selected at the place designated Partnership's discretion. (iii) If the Partnership gives a Call Notice in respect of Series B Preferred Interests, then upon the Redemption Noticedate fixed for redemption of the Series B Preferred Interests, and thereuponall rights of the holders of the Series B Preferred Interests so called for redemption will cease, subject to except the provisions right of Section D.4., the aggregate Redemption Price holders of such shares shall be payable securities to receive the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceledCall Price. In the event less than all that any date fixed for redemption of Series B Preferred Interests is not a business day, then payment of the shares represented by Call Price payable on such date will be made on the next succeeding day which is a business day (and without any interest or other payment in respect of any such certificate are redeemeddelay), a new certificate shall except that, if such business day falls in the next calendar year, such payment will be issued representing made on the unredeemed sharesimmediately preceding business day. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.]

Redemption Procedure. At least 30 days prior (1) Upon the occurrence of a Warrant Trigger Event or Significant Transaction Event, as applicable, the Corporation shall provide written notice to the -------------------- holders, which notice shall be given in accordance with Section 12. Such notice shall state the number of shares to be redeemed and the Certain Event Mandatory Redemption Date, written notice (the "Redemption Notice") which date shall be mailed, postage prepaid, to each holder within 20 calendar days of record the date of such notice. Payment for such redeemed shares shall be made by the Corporation within two Business Days following the Certain Event Mandatory Redemption Date. (at 2) From and after the close of business on the business day next preceding Certain Event Mandatory Redemption Date, and provided that the day on which notice is given) Certain Event Mandatory Redemption Price for the Series A Preferred Shares has been received by the relevant holder, each Series A Preferred Share redeemed in accordance with this Section 8 shall no longer be deemed outstanding and all rights with respect to any such share shall forthwith cease following such redemption, except only the right of the Series C Preferred Stockholder thereof to receive, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock electing to have shares redeemed, at upon presentation in accordance with the address last shown on the records requirements of this Section 8 below of the Corporation certificate or certificates, or Lost Stock Agreement, representing shares redeemed pursuant to this Section 8, the applicable Certain Event Mandatory Redemption Price for such holder or given by share, without interest thereon. Notwithstanding anything to the holder contrary herein, the Corporation shall not be required to make any payment in respect of Series A Preferred Shares redeemed pursuant to this Section 8 until actual delivery to the Corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office its agents of the Corporation is located, notifying such holder of the redemption to be effected, specifying the number of shares to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as to such shares terminates and calling upon such holder to surrender to the Corporation, in the manner and at the place designated, its certificate or certificates representing the shares redeemed hereby, or a Lost Stock Agreement, such delivery to be redeemed. Except as provided conducted in accordance with the requirements of paragraph (c) of this Section D.68., on or after the Redemption Date, each holder of (3) All Series C A Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock Shares redeemed pursuant to be redeemed shall surrender to the Corporation the certificate or certificates representing such shares, in the manner and at the place designated in the Redemption Notice, and thereupon, subject to the provisions of this Section D.4., the aggregate Redemption Price of such shares 8 shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. In the event less than all the shares represented by any such certificate are redeemed, a new certificate shall be issued representing the unredeemed sharescancelled.

Redemption Procedure. At least 30 days prior (1) The Corporation shall redeem all or any portion of the Series A Preferred Shares by providing written notice to the -------------------- holders, which notice shall be mailed in accordance with Section 12. Such notice shall state the number of shares to be redeemed and the COC Redemption Date, written notice (the "Redemption Notice") which date shall be mailed, postage prepaid, within 20 calendar days of the date of such notice. The Corporation shall be entitled to each holder utilize any method chosen by the Board of record Directors thereof in order to determine which Series A Preferred Shares to redeem. Payment for such redeemed shares shall be made by the Corporation within two Business Days following the COC Redemption Date. (at 2) From and after the close of business on the business day next preceding COC Redemption Date, and provided that the day on which notice is given) COC Redemption Price for such Series A Preferred Shares has been received by the relevant holder, each Series A Preferred Share redeemed in accordance with this Section 10 shall no longer be deemed outstanding and all rights with respect to any such share shall forthwith cease following such redemption, except only the right of the Series C Preferred Stockholder thereof to receive, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock electing to have shares redeemed, at upon presentation in accordance with the address last shown on the records requirements of this Section 10 below of the Corporation certificate or certificates, or delivery of a Lost Stock Agreement, representing shares redeemed pursuant to this Section 10, the applicable COC Redemption Price for such holder or given by share, without interest thereon. Notwithstanding anything to the holder contrary herein, the Corporation shall not be required to make any payment in respect of Series A Preferred Shares redeemed pursuant to this Section 10 until actual delivery to the Corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office its agents of the Corporation is locatedcertificates, notifying such holder of the redemption to be effectedor a Lost Stock Agreement, specifying the number of shares to be redeemed, the Redemption Price, the place at which payment may be obtained and the date on which such holder's right to convert Series C Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock into Common Stock as to such shares terminates and calling upon such holder to surrender to the Corporation, in the manner and at the place designated, its certificate or certificates representing the shares redeemed hereby, such delivery to be redeemed. Except as provided conducted in accordance with the requirements of paragraph (c) of this Section D.610., on or after the Redemption Date, each holder of (3) All Series C A Preferred Stock, Series D Preferred Stock, Series E Preferred Stock or Series F Preferred Stock Shares redeemed pursuant to be redeemed shall surrender to the Corporation the certificate or certificates representing such shares, in the manner and at the place designated in the Redemption Notice, and thereupon, subject to the provisions of Section D.4., the aggregate Redemption Price of such shares this paragraph (b)(3) shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. In the event less than all the shares represented by any such certificate are redeemed, a new certificate shall be issued representing the unredeemed sharescancelled.