Common use of Right of Optional Redemption Clause in Contracts

Right of Optional Redemption. The Series A Preferred Units may not be redeemed prior to September 30, 2009. On or after such date, the Partnership shall have the right to redeem the Series A Preferred Units, in whole or in part, at any time or from time to time, upon not less than 30 nor more than 60 days’ written notice, at a redemption price, payable in cash, equal to the Capital Account balance of the Holder of Series A Preferred Units (the “Redemption Price”); provided, however, that no redemption pursuant to this Section 16.4 will be permitted if the Redemption Price does not equal or exceed the original Capital Contribution of such Holder plus the cumulative Priority Return to the redemption date to the extent not previously distributed. If fewer than all of the outstanding Series A Preferred Units are to be redeemed, the Series A Preferred Units to be redeemed shall be selected pro rata (as nearly as practicable without creating fractional units).

Right of Optional Redemption. The Series A Preferred Units may not be redeemed prior to September 30November 1, 20092003. On or after such date, the Partnership shall have the right to redeem the Series A Preferred Units, in whole or in part, at any time or from time to timetime out of funds legally available therefor, upon not less than 30 nor more than 60 days’ ' written notice, at a redemption price, payable in cash, equal to the Capital Account balance of the Holder holder of Series A Preferred Units (the “"Redemption Price”"); provided, however, that no redemption pursuant to this Section 16.4 4.02(e)(v) will be permitted if the Redemption Price does not equal or exceed the original Capital Contribution of such Holder holder plus the cumulative Priority Return to the redemption date to the extent not previously distributed. If fewer than all of the outstanding Series A Preferred Units are to be redeemed, the Series A Preferred Units to be redeemed shall be selected pro rata (as nearly as practicable without creating fractional units).

Right of Optional Redemption. The Series A B Preferred Units may not be redeemed prior to September 30July 28, 20092004. On or after such date, the Partnership shall have the right to redeem the Series A B Preferred UnitsUnits of any holder thereof, in whole or in part, at any time or from time to time, upon not less than 30 days nor more than 60 days’ ' written notice, at a redemption price, payable in cash, equal to the Capital Account balance of the Holder such holder of Series A B Preferred Units (the “"Series B Redemption Price”"); provided, however, that no redemption pursuant to this Section 16.4 17.4 will be permitted if the Series B Redemption Price does not equal or exceed the original Capital Contribution of such Holder holder plus the cumulative Series B Priority Return to the redemption date to the extent not previously distributed. If fewer than all of the outstanding Series A B Preferred Units are to be redeemed, the Series A B Preferred Units to be redeemed shall be selected pro rata (as nearly as practicable without creating fractional units).

Right of Optional Redemption. The Series A Preferred Units may not ---------------------------- be redeemed prior to September 30February 6, 20092003. On or after such date, the Partnership shall have the right to redeem the Series A Preferred Units, in whole or in part, at any time or from time to time, upon not less than 30 nor more than 60 days’ ' written notice, at a redemption price, payable in cash, equal to the Capital Account balance of the Holder holder of Series A Preferred Units (the “"Redemption Price”"); provided, however, that no redemption pursuant to this ----------------- Section 16.4 will be permitted if the Redemption Price does not equal or exceed the original Capital Contribution of such Holder holder plus the cumulative Priority Return to the redemption date to the extent not previously distributed. If fewer than all of the outstanding Series A Preferred Units are to be redeemed, the Series A Preferred Units to be redeemed shall be selected pro rata (as nearly as practicable without creating fractional units).

Right of Optional Redemption. The Series A C Preferred Units may not be redeemed prior to September 30, 2009the fifth anniversary of the issuance date. On or after such date, the Partnership shall have the right to redeem the Series A C Preferred Units, in whole or in part, at any time or from time to time, upon not less than 30 nor more than 60 days’ ' written notice, at a redemption price, payable in cash, equal to the Capital Account balance of the Holder holder of Series A C Preferred Units (the “"Redemption Price”"); provided, however, that no redemption pursuant to this Section 16.4 SECTION (e) will be permitted if the Redemption Price does not equal or exceed the original Capital Contribution of such Holder plus the cumulative Priority Return Stated Value per Series C Preferred Unit and all accrued and unpaid distributions thereon to the redemption date to the extent not previously distributeddate. If fewer than all of the outstanding Series A C Preferred Units are to be redeemed, the Series A C Preferred Units to be redeemed shall be selected pro rata (as nearly as practicable without creating fractional units).

Right of Optional Redemption. The Series A C Preferred Units may not be redeemed prior to September 30, 2009the fifth anniversary of the issuance date. On or after such date, the Partnership shall have the right to redeem the Series A C Preferred Units, in whole or in part, at any time or from time to time, upon not less than 30 nor more than 60 days’ ' written notice, at a redemption price, payable in cash, equal to the Capital Account balance of the Holder holder of Series A C Preferred Units (the “"Redemption Price”"); provided, however, that no redemption pursuant to this Section 16.4 4.2.9.5 will be permitted if the Redemption Price does not equal or exceed the original Capital Contribution of such Holder plus the cumulative Priority Return Stated Value per Series C Preferred Unit and all accrued and unpaid distributions thereon to the redemption date to the extent not previously distributeddate. If fewer than all of the outstanding Series A C Preferred Units are to be redeemed, the Series A C Preferred Units to be redeemed shall be selected pro rata (as nearly as practicable without creating fractional units).

Right of Optional Redemption. The Series A C Preferred Units may not ---------------------------- be redeemed prior to September 30November 24, 20092003. On or after such date, the Partnership shall have the right to redeem the Series A C Preferred Units, in whole or in part, at any time or from time to time, upon not less than 30 nor more than 60 days’ ' written notice, at a redemption price, payable in cash, equal to the Capital Account balance of the Holder of Series A C Preferred Units (the “"Series C -------- Redemption Price”"); provided, however, that no redemption pursuant to this ---------------- Section 16.4 17.4 will be permitted if the Series C Redemption Price does not equal or exceed the original Capital Contribution of such Holder plus the cumulative Series C Priority Return to the redemption date to the extent not previously distributed. If fewer than all of the outstanding Series A C Preferred Units are to be redeemed, the Series A C Preferred Units to be redeemed shall be selected pro rata (as nearly as practicable without creating fractional units).

Right of Optional Redemption. The Series A Preferred Units may not ---------------------------- be redeemed prior to September 30February 6, 20092003. On or after such date, the Partnership shall have the right to redeem the Series A Preferred Units, in whole or in part, at any time or from time to time, upon not less than 30 nor more than 60 days’ ' written notice, at a redemption price, payable in cash, equal to the Capital Account balance of the Holder of Series A Preferred Units (the “"Redemption Price”"); provided, however, that no redemption pursuant to this ----------------- Section 16.4 will be permitted if the Redemption Price does not equal or exceed the original Capital Contribution of such Holder plus the cumulative Priority Return to the redemption date to the extent not previously distributed. If fewer than all of the outstanding Series A Preferred Units are to be redeemed, the Series A Preferred Units to be redeemed shall be selected pro rata (as nearly as practicable without creating fractional units).

Right of Optional Redemption. The Series A B Preferred Units may not be redeemed prior to September 307, 20092004. On or after such date, the Partnership shall have the right to redeem the Series A B Preferred UnitsUnits of any Holder thereof, in whole or in part, at any time or from time to time, upon not less than 30 nor more than 60 days’ ' written notice, at a redemption price, payable in cash, equal to the Capital Account balance of the Holder such holder of Series A B Preferred Units (the “"Series B Redemption Price”"); provided, however, that no redemption pursuant to this Section 16.4 4 will be permitted if the Redemption Price does not equal or exceed the original Capital Contribution of such Holder holder plus the cumulative Series B Priority Return to the redemption date to the extent not previously distributed. If fewer than all of the outstanding Series A B Preferred Units are to be redeemed, the Series A B Preferred Units to be redeemed shall be selected pro rata (as nearly as practicable without creating fractional units).

Right of Optional Redemption. The Series A Preferred Units may not ---------------------------- be redeemed prior to September 30March 4, 20092003. On or after such date, the Partnership shall have the right to redeem the Series A Preferred Units, in whole or in part, at any time or from time to time, upon not less than 30 nor more than 60 days’ ' written notice, at a redemption price, payable in cash, equal to the Capital Account balance of the Holder holder of Series A Preferred Units (the “"Redemption Price”"); provided, however, that no redemption pursuant to this ---------------- Section 16.4 will be permitted if the Redemption Price does not equal or exceed the original Capital Contribution of such Holder holder plus the cumulative Priority Return to the redemption date to the extent not previously distributed. If fewer than all of the outstanding Series A Preferred Units are to be redeemed, the Series A Preferred Units to be redeemed shall be selected pro rata (as nearly as practicable without creating fractional units).

Right of Optional Redemption. The Series A Preferred Units may not be redeemed prior to September 30March 4, 20092003. On or after such date, the Partnership shall have the right to redeem the Series A Preferred UnitsUnits of any Holder thereof, in whole or in part, at any time or from time to time, upon not less than 30 nor more than 60 days’ ' written notice, at a redemption price, payable in cash, equal to the Capital Account balance of the Holder such holder of Series A Preferred Units (the “"Series A Redemption Price”"); provided, however, that no redemption pursuant to this Section 16.4 will be permitted if the Redemption Price does not equal or exceed the original Capital Contribution of such Holder holder plus the cumulative Series A Priority Return to the redemption date to the extent not previously distributed. If fewer than all of the outstanding Series A Preferred Units are to be redeemed, the Series A Preferred Units to be redeemed shall be selected pro rata (as nearly as practicable without creating fractional units).

Right of Optional Redemption. The Series A Preferred D Preference Units may not be redeemed redeemed, at the election of the Partnership, prior to September 30March 24, 20092010. On or after such date, the Partnership shall have the right to redeem the Series A Preferred D Preference Units, in whole or in part, at any time or from time to time, upon not less than 30 thirty (30) nor more than 60 sixty (60) days’ written notice, at a redemption priceprice (the “Redemption Price”), payable in cash, equal to the higher of (i) the Capital Account balance balances of the Holder holders of Series A Preferred D Preference Units or (the “Redemption Price”); provided, however, that no redemption pursuant to this Section 16.4 will be permitted if the Redemption Price does not equal or exceed ii) the original Capital Contribution of such Holder holders plus the cumulative Priority Return Return, whether or not declared, to the redemption date to the extent not previously distributed. If fewer than all of the outstanding Series A Preferred D Preference Units are to be redeemed, the Series A Preferred D Preference Units to be redeemed shall be selected pro rata (as nearly as practicable without creating fractional units).