Common use of Repurchase Agreements Clause in Contracts

Repurchase Agreements. The Surviving Partnership hereby covenants and agrees that it will, on or prior to the Effective Date, enter into an agreement with each of the partners of the Merged Partnership other than Cash Conversion Holders and Dissenting Partners whereby the Surviving Partnership agrees that: (a) Upon the written request of any such partner, the Surviving Partnership will purchase any or all of the Units held by such partner at a purchase price per Unit equal to the Effective Date Price (as defined in Section 3.3(c) above). The written notice must be received by the Surviving Partnership on or before the date which is one hundred eighty (180) days after the Effective Date. (b) Upon the written request of any such partner which is made (i) after the date which is one hundred eighty (180) days after the Effective Date and (ii) on or before the date which is the later of (A) the last day of any holding period (which holding period shall not, in any event, exceed one year after the Effective Date) during which, in order to comply with the requirements of the SEC, such partners are not permitted to convert Units into shares of common stock of HME and (B) the date on which the SEC declares effective the Registration Statement required to be filed with the SEC pursuant to Section 5.11 hereof, the Surviving Partnership will purchase any or all of the Units held by such partner at a purchase price per Unit equal to the average of the daily market price for the ten (10) consecutive trading days immediately preceding the date of such partner's request of the shares of common stock of HME.