Series H Preferred Units Sample Clauses
Series H Preferred Units. (A) The authorized number of Series H Preferred Units shall be unlimited. Series H Preferred Units that are purchased or otherwise acquired by the Partnership shall be cancelled.
(B) The Series H Preferred Units shall be represented by one or more global Certificates registered in the name of the Depositary or its nominee, and no Series H Holder shall be entitled to receive a definitive Certificate evidencing its Series H Preferred Units, unless (1) requested by a Series H Holder and consented to by the General Partner in its sole discretion, (2) otherwise required by law or (3) the Depositary gives notice of its intention to resign or is no longer eligible to act as such with respect to the Series H Preferred Units and the General Partner shall have not selected a substitute Depositary within 60 calendar days thereafter. So long as the Depositary shall have been appointed and is serving with respect to the Series H Preferred Units, payments and communications made by the Partnership to Series H Holders shall be made by making payments to, and communicating with, the Depositary.
Series H Preferred Units. Agreed Value Series H Contribution Cash of Contributed Total Partnership Percentage Name of Partner Date Contributions Property Contributions Units Interest --------------- ---- ------------- -------- ------------- ----- -------- LIMITED PARTNER: J.P. Morgan Mosaic Fund IV, LLC 9/1/00 $42,000,000 -- $42,000,000 840,000 100.0000% J.P. Morgan Mosaic Fund IV, LLC 12/31/01 -- -- -- (840,000) (100.0000%) JPM Mosaic IV REIT, Inc. 12/31/01 -- -- -- 840,000 100.0000% ---------- ----------- ----------- -------- --------- TOTAL SERIES H PREFERRED UNITS $42,000,000 -- $42,000,000 840,000 100.0000% ========== =========== =========== ======== =========
Series H Preferred Units. Each holder of Series H Preferred Units shall be entitled to exchange Series H Preferred Units for REIT Shares, at such holder’s option, on the following terms and subject to the following conditions:
(i) At any time after the Series H Issuance Date, subject to the terms of any lock-up agreement to which a holder is a party, each holder of Series H Preferred Units at its option may exchange each of its Series H Preferred Units for that number of REIT Shares equal to the quotient obtained by dividing the Series H Issue Price by $164.00; provided, however, that no Series H Preferred Units may be exchanged on any proposed Series H Exchange Date pursuant to this Section 27.8 unless at least 1,000 Series H Preferred Units, in the aggregate, are exchanged by one or more holders thereof on such Series H Exchange Date pursuant to Series H Exchange Notices. Each holder of Series H Preferred Units that has delivered a Series H Exchange Notice to the General Partner may rescind such Series H Exchange Notice by delivering written notice of such rescission to the General Partner prior to the Series H Exchange Date specified in the applicable Series H Exchange Notice.
(ii) The exchange rate is subject to adjustment upon subdivisions, stock splits, stock dividends, combinations and reclassification of REIT Shares. The adjustment to the exchange rate will be determined by the General Partner such that each Series H Preferred Unit will thereafter be exchangeable into the kind and amount of shares of common or other capital stock which would have been received if the exchange had occurred immediately prior to the record date for such subdivision, stock split, stock dividend, combination or reclassification of the REIT Shares.
(iii) In case the General Partner shall be a party to any transaction (including, without limitation, a merger, consolidation, statutory share exchange, tender offer for all or substantially all of the General Partner’s capital stock or sale of all or substantially all of the General Partner’s assets), in each case as a result of which the REIT Shares will be converted into the right to receive shares of capital stock, other securities or other property (including cash or any combination thereof), each Series H Preferred Unit will thereafter be convertible or exchangeable into the kind and amount of shares of capital stock and other securities and property receivable (including cash or any combination thereof) upon the consummation of such transaction ...
Series H Preferred Units. Under the authority granted to it ------------------------ by Section
Series H Preferred Units