Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 35 contracts
Samples: Agreement (Steadfast Apartment REIT III, Inc.), Agreement (Steadfast Apartment REIT III, Inc.), Sila Realty Trust, Inc.
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 33 contracts
Samples: Agreement (STAG Industrial, Inc.), Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.), Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.615.1 hereof or in any Partnership Unit Designation, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Article 5 and Article 6 hereof or otherwise expressly provided in this Agreement or in any Partnership Unit Designation, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 28 contracts
Samples: Agreement (Brixmor Operating Partnership LP), Agreement (Brixmor Property Group Inc.), Agreement (Brixmor Property Group Inc.)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except as expressly set forth herein, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions or credits.
Appears in 25 contracts
Samples: Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.615.1 hereof or in any Partnership Unit Designation, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination dissolution of the Partnership as provided herein. No Except to the extent provided in Article 5 and Article 6 hereof or otherwise expressly provided in this Agreement or in any Partnership Unit Designation, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 24 contracts
Samples: Agreement (Rexford Industrial Realty, Inc.), Agreement (Vici Properties Inc.), Orion Office REIT Inc.
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Article 6 hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 23 contracts
Samples: Agreement (Aimco OP L.P.), Aimco OP L.P., Aimco Properties L.P.
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as permitted by Section 4.2.B, or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 15 contracts
Samples: Colonial Realty Limited Partnership, Gables Realty Limited Partnership, Gables Realty Limited Partnership
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Article VI hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 14 contracts
Samples: Arbor Realty Trust Inc, Rayonier, L.P., Arbor Realty Trust Inc
Return of Capital. Except pursuant to the rights of Redemption Exchange Rights set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital ContributionsContributions or, except to the extent provided by Exhibit C hereof or as permitted by Section 8.7.C, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions losses or creditsdistributions.
Appears in 13 contracts
Samples: Crescent Real Estate Equities Co, Crescent Real Estate Equities Co, Crescent Real Estate Equities Co
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 10 contracts
Samples: Agreement (Shearson American REIT, Inc.), Agreement (Excel Trust, Inc.), Agreement (Excel Trust, Inc.)
Return of Capital. Except pursuant to the rights of Common Redemption and Series A Redemption set forth in Section 8.615.1 and Section 16.5 hereof, respectively, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Articles 5 and 6 hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 9 contracts
Samples: Agreement (Hudson Pacific Properties, L.P.), Agreement (Hudson Pacific Properties, L.P.), Asset Purchase Agreement (Hudson Pacific Properties, Inc.)
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.68.4, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Lexington Realty Trust), Lepercq Corporate Income Fund L P, Lexington Realty Trust
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.615.1 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Article 6 hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 9 contracts
Samples: Hartman Short Term Income Properties XX, Inc., Contribution Agreement (Welsh Property Trust, Inc.), Contribution Agreement (Welsh Property Trust, Inc.)
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 8 contracts
Samples: Limited Partnership Agreement (Angel Oak Mortgage, Inc.), Pledge Agreement (NetSTREIT Corp.), Pledge Agreement (NetSTREIT Corp.)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no No Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided hereinherein and with respect to the rights of Redemption set forth in Section 8.6. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions or credits, except as otherwise expressly provided in this Agreement.
Appears in 7 contracts
Samples: Agreement (Seritage Growth Properties), Agreement (MGM Growth Properties LLC), Agreement (Seritage Growth Properties)
Return of Capital. Except pursuant to the rights of Redemption Exchange set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 7 contracts
Samples: Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/), Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/), Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except as expressly set forth herein, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 6 contracts
Samples: Agreement of Limited Partnership (American Campus Communities Inc), Campus Crest Communities, Inc., Campus Crest Communities, Inc.
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.615.1 hereof or in any Partnership Unit Designation, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination dissolution of the Partnership as provided herein. No Except to the extent provided in Article 5 or Article 6 hereof or otherwise expressly provided in this Agreement or in any Partnership Unit Designation, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 6 contracts
Samples: CyrusOne Inc., Avenue N Holdings LLC, CareTrust REIT, Inc.
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions or credits.
Appears in 6 contracts
Samples: Limited Partnership Agreement, Limited Partnership Agreement (JBG SMITH Properties), Limited Partnership Agreement (JBG SMITH Properties)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.615.1 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Articles 5 and 6 hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 5 contracts
Samples: Agreement (Creative Media & Community Trust Corp), Agreement (Parking REIT, Inc.), Support Agreement (Mobile Infrastructure Corp)
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit B hereof or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 5 contracts
Samples: Limited Partnership Agreement (Vinebrook Homes Trust, Inc.), Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.), Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.06 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or Agreement, upon termination of the Partnership as provided herein. No Except to the extent provided in Article VI hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 5 contracts
Samples: www.sec.gov, Empire State Realty OP, L.P., Empire State Realty Trust, Inc.
Return of Capital. Except pursuant to in connection with the rights exercise of Redemption set forth in Section 8.6Exchange Rights or Put Rights, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Appendix II, or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 5 contracts
Samples: Mission West Properties Inc, Mission West Properties Inc, Mission West Properties Inc
Return of Capital. Except as provided by law or pursuant to the rights right of Redemption redemption set forth in Section 8.68.5 hereof, no Limited Partner shall be entitled to withdraw any part of its Capital Account or to demand or receive the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as otherwise expressly provided herein, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 5 contracts
Samples: Limited Partnership Agreement (Clipper Realty Inc.), www.sec.gov, Limited Partnership Agreement (Forest City Enterprises Inc)
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital ContributionsContributions or, except to the extent provided by Exhibit C hereof or as permitted by Section 4.2.B, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions losses or creditsdistributions.
Appears in 4 contracts
Samples: Carramerica Realty Corp, Carramerica Realty Corp, Carramerica Realty Corp
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6Exchange Rights Agreement, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit B, or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 4 contracts
Samples: Ramco Gershenson Properties Trust, Master Agreement (RPS Realty Trust), Limited Partnership Agreement (3100 Glendale Joint Venture)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.614.1 or in any Partnership Unit Designation, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination dissolution of the Partnership as provided herein. No Except to the extent provided in Article IV or Article V or otherwise expressly provided in this Agreement or in any Partnership Unit Designation, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 4 contracts
Samples: Moelis & Co, Moelis & Co, Moelis & Co
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.68.6 or set-off right set forth in Section 11.2, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit B hereof or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 4 contracts
Samples: Limited Partnership Agreement (Nexpoint Diversified Real Estate Trust), Limited Partnership Agreement (Vinebrook Homes Trust, Inc.), Limited Partnership Agreement (Vinebrook Homes Trust, Inc.)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination dissolution of the Partnership as provided herein. No Except to the extent provided by Exhibit B (or Sections 4.1 or 7.3B) or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions or creditsdistributions.
Appears in 3 contracts
Samples: Kramont Realty Trust, Employment Agreement (Cv Reit Inc), Employment Agreement (Kranzco Realty Trust)
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as permitted by Section 4.2.B, or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions. Section 8.5.
Appears in 3 contracts
Samples: Gables Realty Limited Partnership, Gables Realty Limited Partnership, Gables Residential Trust
Return of Capital. Except pursuant to the rights of Redemption Right set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital ContributionsContributions or, except to the extent provided by EXHIBIT C hereof or as permitted by Section 4.2., or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions losses or creditsdistributions.
Appears in 3 contracts
Samples: Gotham Golf Corp, Gotham Golf Corp, Gotham Golf Corp
Return of Capital. Except pursuant to the rights of Redemption Exchange set forth in Section 8.614.1, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination dissolution of the Partnership as provided herein. No Except to the extent provided in Article IV or Article V or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 3 contracts
Samples: Business Combination Agreement (dMY Technology Group, Inc.), Business Combination Agreement (dMY Technology Group, Inc.), Rush Street Interactive, Inc.
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination dissolution of the Partnership as provided herein. No Except to the extent provided by Exhibit B (or Sections 4.1 or 7.3B) or as otherwise expressly provided in this Agreement or any OP Unit Designation, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions or creditsdistributions.
Appears in 3 contracts
Samples: Merger Agreement (Kramont Realty Trust), Employment Agreement (Cv Reit Inc), Employment Agreement (Kranzco Realty Trust)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.06 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or Agreement, upon termination of the Partnership as provided herein. No Except to the extent provided in Articles V and VI hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 3 contracts
Samples: Trade Street Residential, Inc., Trade Street Residential, Inc., Trade Street Residential, Inc.
Return of Capital. Except pursuant to the rights of Redemption Right set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as otherwise expressly provided in this Agreement, or any Certificate of Designations, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 3 contracts
Samples: Agreement (DiamondRock Hospitality Co), And Restated Agreement (Catellus Development Corp), Agreement (DiamondRock Hospitality Co)
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.68.7 below, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 3 contracts
Samples: Shelbourne Properties Ii Inc, Shelbourne Properties Iii Inc, Shelbourne Properties I Inc
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Except as expressly set forth herein with respect to the rights, priorities and preferences of the Preferred Partners holding any series of Preferred Units, no Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 3 contracts
Samples: Amb Property Lp, Amb Property Corp, Amb Property Corp
Return of Capital. Except pursuant to Unless expressly determined otherwise by the rights Board of Redemption set forth in Section 8.6Directors, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profitsNet Income, losses, distributions Net Losses or creditsdistributions.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Highland Financial Partners, L.P.), Limited Partnership Agreement (Tiptree Financial Partners, L.P.)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except as expressly set forth herein, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or Contributions (except as otherwise expressly provided in this Agreement, or permitted by Section 4.3.B)or as to profits, losses, distributions or credits.
Appears in 2 contracts
Samples: Tarantula Ventures LLC, Dupont Fabros Technology, Inc.
Return of Capital. Except pursuant to the rights of Redemption liquidation set forth in Section 8.6Article 15 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions Distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Article 6 and Article 15 hereof and otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 2 contracts
Samples: Hammons John Q Hotels Inc, Hammons John Q Hotels Inc
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.615.1 hereof or in any Unit Designation, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination dissolution of the Partnership as provided herein. No Except to the extent provided in Article 5 and Article 6 hereof or otherwise expressly provided in this Agreement or in any Unit Designation, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 2 contracts
Samples: Agreement (Lineage, Inc.), Agreement (Lineage, Inc.)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Article 5 and Article 6 or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 2 contracts
Samples: Agreement (Federal Realty OP LP), Agreement (Federal Realty OP LP)
Return of Capital. Except pursuant to the exchange rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or or, except as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 2 contracts
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.68.6 below, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital ContributionsContributions (except as permitted by Section 4.2.A hereof) or, except to the extent provided by Exhibit C hereto or as permitted by Sections 4.2.A or otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 2 contracts
Samples: Vornado Operating Co, Vornado Operating Inc
Return of Capital. Except pursuant to in connection with the rights exercise of Redemption set forth in Section 8.6Exchange Rights or Put Rights, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Appendix III, or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 2 contracts
Samples: Mission West Properties Inc, Mission West Properties Inc
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.615.1 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Article 5 and Article 6 hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 2 contracts
Samples: Younan Properties Inc, Younan Properties Inc
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except as otherwise expressly set forth in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions or credits.
Appears in 2 contracts
Samples: Parkway Properties Inc, Grove Real Estate Asset Trust
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Sections 5.1 and 13.2 hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 2 contracts
Samples: Agreement (Cornerstone Realty Income Trust Inc), Cornerstone Realty Income Trust Inc
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no No Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Article V hereof or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 2 contracts
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or Agreement, upon termination of the Partnership as provided herein. No Except to the extent provided in Article VI hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 2 contracts
Samples: Safety, Income & Growth, Inc., Safety, Income & Growth, Inc.
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 and the Redemption and exchange rights set forth in Sections 17.5 and 17.8, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except as expressly set forth herein with respect to the rights, priorities and preferences of the Preferred Limited Partners holding any series of Preferred Units, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.or
Appears in 2 contracts
Samples: Amb Property Corp, Amb Property Lp
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 2 contracts
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no No Limited Partner shall be entitled to the withdrawal or return of his or her its Capital ContributionContributions, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent expressly provided to the contrary by Exhibit C hereto or as permitted by Sections 5.1., 6.1 and 13.2 hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions or credits.
Appears in 2 contracts
Samples: American Industrial Properties Reit Inc, American Industrial Properties Reit Inc
Return of Capital. Except pursuant to the rights of Common Redemption set forth in Section 8.615.1, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Articles 5 and 6 hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Return of Capital. Except pursuant to the rights of Redemption redemption set forth in Section 8.68.4 and Section 8.5, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 1 contract
Samples: Agreement (Lexington Realty Trust)
Return of Capital. Except pursuant to the rights of Redemption Exchange set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Except to the extent expressly provided in this Agreement, no Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions or credits.
Appears in 1 contract
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, Section 8.7 and Section 8.8 hereof no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C --------- hereof or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Maryland Property Capital Trust Inc
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, 8.6 no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except as expressly set forth herein, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 1 contract
Samples: Maguire Properties Inc
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except as expressly provided otherwise in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, allocations of income, gain, loss, deduction or as otherwise expressly provided in this Agreementcredit, or as to profits, losses, distributions or creditsdistributions.
Appears in 1 contract
Samples: Agreement (Education Realty Operating Partnership L P)
Return of Capital. Except pursuant to the rights of Redemption Exchange set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Except to the extent provided in Article 5, Article 6 and Article 13, no Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital ContributionsContributions or, or as except to the extent otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 1 contract
Samples: Pan Pacific Retail Properties Inc
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Article VI 57 hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: NorthStar Realty Europe Corp.
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit D hereof or as permitted by Section 4.2B, or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Mid-America Apartments, L.P.
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as permitted by Section 4.2.A, or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Post Apartment Homes Lp
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except as expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Return of Capital. Except pursuant to the rights of ----------------- Redemption set forth in Section 8.616.1 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Article 6 hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Westfield America Inc
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.68.06, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: LNR Capital CORP
Return of Capital. Except pursuant to the rights of Redemption Rights set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit B hereof or as otherwise expressly provided in this Agreement (including Articles 5, 6 and 13 hereof), no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Ventas, Inc.
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no No Limited Partner shall be entitled to the withdrawal or return of his his, her or her its Capital Contribution, Contribution except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Sections 5.1 and 5.2 or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital ContributionsContributions or, or except as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 1 contract
Samples: Merger Agreement (Bellingham II Associates, L.L.C.)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.615.1 or in any Partnership Unit Designation, no Limited Partner shall be entitled to the withdrawal or return of his all or her a portion of its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Articles 5 and 6 or otherwise expressly provided in this Agreement or in any Partnership Unit Designation, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Workspace Property Trust
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.HB 1460346
Appears in 1 contract
Samples: Host Hotels & Resorts L.P.
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C, any Partnership Unit Designation or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Cornerstone Properties Inc
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no No Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit A, or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or credits.distributions. 11764.0001 340937.14 34
Appears in 1 contract
Samples: Metropolis Realty Trust Inc
Return of Capital. Except pursuant to the rights of Redemption Rights set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as otherwise expressly provided in this Agreement (including Articles 5, 6 and 13 hereof), no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Nationwide Health Properties Inc)
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the tP.e Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit B or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Limited Partnership Agreement (Nexpoint Diversified Real Estate Trust)
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no No Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination liquidation of the Partnership as provided herein. No Except to the extent provided by Exhibit "C" hereof or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no No Limited Partner shall be entitled to the withdrawal or return of his his, her or her its Capital Contribution, Contribution except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Section 5.1 or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or or, except as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 1 contract
Samples: Bellingham II Associates, L.L.C.
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Article 5 (including pursuant to a Contribution Agreement), Article 6 hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement Agreement, or upon termination of the Partnership as provided herein. No Except to the extent provided in Article V or VI hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Aspen REIT, Inc.
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Section 4.2 or Article 6 hereof or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: New Plan Excel Realty Trust Inc
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Irt Property Co
Return of Capital. Except pursuant to the rights of Redemption Exchange set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 1 contract
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of {10654250;3} 40 DocID: 4848-4047-1218.3 Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 1 contract
Samples: Steadfast Apartment REIT, Inc.
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by EXHIBIT C hereof or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Beacon Capital Partners Inc
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 1 contract
Samples: Arden Realty Group Inc
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions or credits.. Section 8.5
Appears in 1 contract
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or Agreement, upon termination of the Partnership as provided herein. No Limited Partner herein or Assignee shall have priority over any other Limited Partner upon a merger of the Parent or Assignee either as a sale by the Parent of all or substantially all of its assets pursuant to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or creditsSection 7.9.
Appears in 1 contract
Samples: Cogdell Spencer Inc.
Return of Capital. Except pursuant to the rights of Redemption Right set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his its Capital Contribution or her Capital ContributionAccount, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as permitted by Section 4.2, or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: CNL American Properties Fund Inc
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or Agreement, upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.of
Appears in 1 contract
Samples: Vintage Wine Trust Inc
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereto or as otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions or credits.
Appears in 1 contract
Samples: Agreement (Monarch Properties Inc)
Return of Capital. Except pursuant to the rights of Redemption Exchange set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital ContributionsContributions or, or as except to the extent otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 1 contract
Samples: Center Trust Inc
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided in Article 6 hereof or otherwise expressly provided in this Agreement or in the Partner Schedules, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.extent
Appears in 1 contract
Samples: Apartment Investment & Management Co
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.68.6 hereof, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or Agreement, upon termination of the Partnership as provided herein. No Limited Partner herein or Assignee shall have priority over any other Limited Partner upon a merger of the Parent or Assignee either as to a sale by the return Parent of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.all or
Appears in 1 contract
Samples: Ny Credit Corp.
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.66.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by EXHIBIT C hereof or as permitted by Section 2.2, or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Merry Land & Investment Co Inc
Return of Capital. Except pursuant to the rights of a Redemption Right set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except as expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee Assignee, either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Macklowe Properties Inc
Return of Capital. Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except as expressly set forth herein with respect to the rights, priorities and preferences of the Preferred Limited Partners holding any series of Preferred Units, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.
Appears in 1 contract
Samples: Prologis, L.P.
Return of Capital. Except pursuant to the rights right of Redemption redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her its Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Except to the extent provided by Exhibit C hereof or as permitted by Section 4.2.A, or otherwise expressly provided in this Agreement, no Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, Contributions or as to profits, losses, distributions losses or creditsdistributions.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Gables Residential Trust)