Right to Purchase Units. If fewer than 10% of the outstanding LP Units are held by Persons other than the General Partner and its Affiliates, the General Partner shall have the right, which it may assign to the Partnership or any Affiliate, to purchase all, but not less than all, of the LP Units that remain outstanding and are held by Persons other than the General Partner and its Affiliates. Any such purchase shall be at a price per LP Unit in cash (the “Purchase Price”) equal to the greater of the Unit Price on the date of purchase (the “Purchase Date”) or the Issue Price for such LP Units, in either case multiplied by (a) 1.2, if the Purchase Date is after December 31, 1996 and on or prior to December 31, 2001, (b) 1.1, if the Purchase Date is after December 31, 2001 and on or prior to December 31, 2006, or (c) 1.0, if the Purchase Date is after December 31, 2006.
Right to Purchase Units. Section 18.1 Right to Purchase Xxxxx 00 Xxxxxxx 00.0 Notice of Election to Purchase 41 Section 18.3 Purchase and Transfer of Units 41
Right to Purchase Units. SECTION 16.01.
Right to Purchase Units. Following receipt of the Company Stockholder Approval, ILDE shall have the right, exercisable in whole or in part from time to time through July 31, 2012, to subscribe for and purchase from the Company up to 16,466,639 units (the “Units”), with each Unit consisting of (i) one share of Company Common Stock and (ii) a Warrant (in the form of Exhibit A attached hereto) to purchase one share of Company Common Stock. The purchase price per Unit shall be $0.24 (the “Per Unit Purchase Price”) payable by ILDE to the Company in cash. In order to exercise its rights pursuant to this Section 1.5, ILDE shall deliver written notice to the Company specifying the number of Units that ILDE desires to purchase from the Company. Following the Company’s receipt of such notice, the parties shall proceed to close the sale and purchase of the Units specified therein as promptly as practicable following the date thereof. Subject to Section 4.9(a), the anti-dilution adjustments generally applicable to the Warrants shall apply to the Per Unit Purchase Price in connection with any offering and sale of securities by the Company that is consummated on or prior to July 31, 2012.
Right to Purchase Units. (a) Notwithstanding any other provision of this Agreement, if at any time less than 10% of the issued and outstanding Alliance Capital LP Units are held, directly or indirectly, by Persons other than the General Partner, its Affiliates and officers and employees of the General Partner, the Partnership or Alliance Capital or Persons controlled by the Partnership or Alliance Capital (hereinafter referred to as "Affiliated Holders") (including, for purposes of determining the Alliance Capital LP Units held by Persons other than Affiliated Holders, the number of Alliance Capital LP Units held by the Partnership multiplied by a fraction, the numerator of which is the number of issued and outstanding Units and Partnership Interests held by Persons other than Affiliated Holders and the denominator of which is the number of issued and outstanding Units and Partnership Interests), the General Partner shall then have the right, which right it may assign and transfer to the Partnership, Alliance Capital or any of the General Partner's Affiliates, exercisable in its sole discretion at any time, to purchase all, but not less than all, of any such Units that remain outstanding and held by Persons other than the General Partner and its Affiliates, at a price per Unit equal to the Purchase Price. The right to purchase Units pursuant to this Section 16.01 shall not be exercisable unless the General Partner, the Partnership, Alliance Capital or any of the General Partner's Affiliates simultaneously purchases all, but not less than all, of the Alliance Capital LP Units that remain outstanding and held by Persons other than the General Partner and its Affiliates, at a price per Alliance Capital LP Unit equal to the Purchase Price. For purposes of this Section 16.01, a Unit or Alliance Capital LP Unit held for the benefit of an employee, or by or for the benefit of a member of the family of an employee, shall be treated as if owned by that employee and the term "Unit" includes Limited Partnership Interests (other than those held by the Assignor Limited Partner).
(b) In the event the General Partner, any Affiliate of the General Partner, the Partnership or Alliance Capital elects to exercise such right to purchase Units pursuant to this Article 16, the General Partner, its Affiliate, the Partnership or Alliance Capital, as the case may be, shall deliver to the Transfer Agent written notice of such election to purchase (hereinafter in this Article 16 called the "Notice of Electi...
Right to Purchase Units. 36 18.2 Notice of Election to Purchase.......................................................... 36 18.3 Purchase and Transfer of Units.......................................................... 36
Right to Purchase Units. Right to Purchase Units 37 18.2 Notice of Election to Purchase 37 18.3 Purchase and Transfer of Units 37 ARTICLE XIX GENERAL PROVISIONS
Right to Purchase Units. Right to Purchase Units........................................36 18.2 Notice of Election to Purchase.................................36 18.3 Purchase and Transfer of Units.................................36 ARTICLE XIX GENERAL PROVISIONS
Right to Purchase Units. Section 18.1 Right to Purchase Xxxxx 00 Xxxxxxx 00.0 Notice of Election to Purchase 41 Section 18.3 Purchase and Transfer of Units 41 Section 19.1 Opinions Regarding Taxation as a Partnership 42 Section 19.2 Personal Property 42 Section 19.3 Addresses and Notices 42 Section 19.4 Headings 42 Section 19.5 Binding Effect 42 Section 19.6 Integration 42 Section 19.7 Waiver 43 Section 19.8 Counterparts 43 Section 19.9 Severability 43 Section 19.10 Applicable Law 43 THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP, dated as of , 2006 (the “Agreement”), is entered into by and among Buckeye GP LLC, a Delaware limited liability company (together with any successor in its capacity as general partner of the Partnership, the “General Partner”), and the additional Persons that are or become Partners of the Partnership as provided herein.
Right to Purchase Units
