Common use of SURVIVING PARTNERSHIP Clause in Contracts

SURVIVING PARTNERSHIP. The Surviving Partnership shall be the surviving limited partnership. The Agreement of Limited Partnership of the Surviving Partnership (the "Surviving Partnership Agreement") shall remain in full force and effect after the Merger in its form immediately prior to the Merger, except the Surviving Partnership Agreement shall be amended on the Effective Date to (a) reflect the issuance of the Units pursuant to subparagraphs 3.3(a) and (c) below and (b) incorporate the provisions set forth in EXHIBIT B (EXHIBIT A has been reserved) attached hereto (the "Surviving Partnership Amendments").

Appears in 4 contracts

Samples: Merger Agreement (Home Properties of New York Inc), Merger Agreement (Home Properties of New York Inc), Merger Agreement (Home Properties of New York Inc)

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SURVIVING PARTNERSHIP. The Surviving Partnership shall be the surviving limited partnership. The Agreement of Limited Partnership of the Surviving Partnership (the "Surviving Partnership Agreement") shall remain in full force and effect after the Merger in its form immediately prior to the Merger, except the Surviving Partnership Agreement shall be amended on the Effective Date to (a) reflect the issuance of the Units pursuant to subparagraphs 3.3(asubparagraph (b)(i) of Section 3.1 and (c) Section 3.2 below and (b) incorporate the provisions set forth in EXHIBIT B (EXHIBIT A has been reserved) attached hereto (the "Surviving Partnership Amendments").

Appears in 2 contracts

Samples: Merger Agreement (Home Properties of New York Inc), Merger Agreement (Home Properties of New York Inc)

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SURVIVING PARTNERSHIP. The Surviving Partnership shall be the surviving limited partnership. The Agreement of Limited Partnership of the Surviving Partnership (the "Surviving Partnership Agreement") shall remain in full force and effect after the Merger in its form immediately prior to the Merger, except the Surviving Partnership Agreement shall be amended on the Effective Date to (a) reflect the issuance of the Units pursuant to subparagraphs 3.3(a(a) and (c) of Section 3.3 below and (b) incorporate the provisions set forth in EXHIBIT B (EXHIBIT A has been reserved) attached hereto (the "Surviving Partnership Amendments").

Appears in 1 contract

Samples: Merger Agreement (Home Properties of New York Inc)

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