Unitholders. The holders of OP Units.
Unitholders. As provided in the Depository Agreement, upon the settlement date of any creation, transfer or redemption of Units of a Fund, the Depository will credit or debit, on its book-entry registration and transfer system, the number of Units so created, transferred or redeemed to the accounts of the appropriate DTC Participants. The accounts to be credited and charged shall be designated by the Sponsor on behalf of each Fund and each Authorized Purchaser, in the case of a creation or redemption of Baskets. Ownership of beneficial interest in Units will be limited to DTC Participants, Indirect Participants and persons holding interests through DTC Participants and Indirect Participants. Unitholders will be shown on, and the transfer of Units will be effected only through, in the case of DTC Participants, the records maintained by the Depository and, in the case of Indirect Participants and Unitholders holding through a DTC Participant or an Indirect Participant, through those records or the records of the relevant DTC Participants or Indirect Participants. Unitholders are expected to receive, from or through the broker or bank that maintains the account through which the Unitholder has purchased Units, a written confirmation relating to their purchase of Units.
Unitholders. The names and addresses of the Members and number of Units of the Members are set forth on Exhibit B attached hereto and incorporated herein. The Managing Member is hereby authorized to complete or amend Exhibit B from time to time to reflect the admission of Members, the withdrawal of a Member, the forfeiture of some or all of the interests of a Member, the transfer of any Membership Interests, and the change of address and other information called for by Exhibit B related to any Member, and to correct, update or amend Exhibit B at any time and from time to time. Such completion, correction or amendment may be made from time to time as and when the Managing Member considers it appropriate.
Unitholders. (a) Each Person named on Schedule A attached hereto has made Capital Contributions to the LLC as set forth on Schedule A in exchange for the Units specified thereon, and each Unitholder's initial Capital Account established pursuant to such Capital Contributions is set forth on Schedule A. Any reference in this Agreement to Schedule A shall be deemed to be a reference to Schedule A as amended and in effect from time to time. The LLC and each Unitholder shall file all tax returns, including any schedules thereto, in a manner consistent with such initial Capital Accounts. Each Person listed on Schedule A upon (i) his, her or its execution of this Agreement or a counterpart thereto and (ii) receipt (or deemed receipt) by the LLC of such Person's Capital Contribution as set forth on Schedule A, is hereby admitted to the LLC as a Unitholder of the LLC. Each Unitholder's interest in the LLC, including such Unitholder's interest in Profits, Losses and Distributions of the LLC and the right to vote on certain matters as provided in this Agreement, shall be represented by the Units owned by such Unitholder. The ownership of Units shall entitle each Unitholder to allocations of Profits and Losses and other items and distributions of cash and other property as set forth in Article IV hereof. The Board may in its discretion issue certificates to the Unitholders representing the Units held by each Unitholder.
Unitholders. Schedule A contains the name and address of each Unitholder as of the date of this Agreement. Schedule A may be amended from time to time to reflect the admission or resignation of a Unitholder or the transfer or assignment of a Unit in accordance with the terms of this Agreement and applicable law.
Unitholders. A. The General Partners are authorized to accept orders for Units pursuant to the Offering if, after the acceptance of such orders, the Capital Contributions of the Unitholders are not less than the Minimum Offering Amount and not more than the Maximum Offering Amount; provided, however, that no order for Units sold as part of the Offering shall be accepted after the Termination Date of the Offering.
B. All orders for Units shall be received by the Partnership in trust and deposited in an escrow account with the Escrow Agent until the Minimum Offering Amount is received, at which time the Escrow Agent shall release the funds to the Assignor Limited Partner which shall immediately transmit such funds to the Partnership. Orders for Units prior to the receipt of the Minimum Offering Amount shall be accepted or rejected by the General Partners within 30 days after their receipt by the Escrow Agent. Upon accepting an order for a Unit by a Unitholder and release of a Unitholder's funds to the Partnership, an Assigned Limited Partnership Interest shall be credited to the Assignor Limited Partner on the books and records of the Partnership in respect of such Unit and the Assignor Limited Partner shall assign all of its rights with respect to such Assigned Limited Partnership Interest to the Unitholder to the extent permitted by, and in accordance with, the Agreement and applicable law. The Assignor Limited Partner hereby agrees to exercise any and all rights with respect to such Assigned Limited Partnership Interest as directed by the Unitholder. At such times as the General Partners deem practicable and as required by the Act, the Certificate and this Agreement shall be amended to reflect the ownership by the Assignor Limited Partner of Assigned Limited Partnership Interests in the amount of such purchased Units. Any interest earned on moneys paid by Unitholders during the period such moneys are held in escrow shall be paid to the Partnership following the release of orders and shall be distributed in accordance with Section 4.5A hereof. Persons whose orders for Units are rejected by the General Partners shall be returned their moneys (and interest earned thereon) forthwith after such rejection. If the Escrow Agent does not receive orders that are accepted by the General Partners equal to the Minimum Offering Amount on or before the Termination Date of the Offering, the Escrow Agent shall promptly return all moneys deposited by subscribers together with any inter...
Unitholders. Upon request, the Trustee shall provide to any Unitholder of record a list of Unitholders of record as of the Quarterly Record Date prior to the date of receipt of such request or as of any other date. The Trustee shall also have authority to provide any other listing of Unitholders to any Unitholder or any beneficial owner of Units to the extent required or permitted by applicable law. By accepting Units, each Unitholder consents to the Trustee providing any such listing of Unitholders as described above.
Unitholders. As of the Effective Date, the Company has one (1) Unit issued and outstanding and such Unit is held by Cott Corporation. In consequence, as of the Effective Date, Cott Corporation is the holder of 100% of the ownership interest in the profits and losses of the Company, has the right to receive any and all distributions from the Company, has the sole right to vote on and approve actions and decisions reserved to the Unitholders under this Agreement or the Act and has the right to any and all other benefits to which Unitholders of a limited liability company may be entitled under this Agreement or the Act. No person may become a Unitholder of the Company unless he, she or it holds Units, and no person who acquires a previously outstanding Unit or Units in accordance with this Agreement shall be a Unitholder of the Company within the meaning of the Act unless such Unit or Units are acquired in compliance with the provisions of this Article V. When any person is admitted as a Unitholder or ceases to be a Unitholder, the Board shall prepare an Annex to this Agreement describing the then-current membership of the Company.
Unitholders. Each Unitholder of the Trust shall not be personally liable for the debts, liabilities, obligations and expenses incurred by, contracted for, or otherwise existing with respect to, the Trust. The Trustees shall have no power to bind any Unitholder personally or to call upon any Unitholder for the payment of any sum of money or assessment whatsoever other than any amount that the Unitholder may be required to repay as a result of funds that were wrongfully distributed to such Unitholder and such amounts as the Unitholder may at any time personally agree to pay pursuant to terms hereof or by way of subscription for any Units or otherwise. In case any Unitholder or former Unitholder shall be held to be personally liable solely by reason of his or her being or having been a Unitholder and not because of his or her acts or omissions or for some other reason, the Unitholder or former Unitholder (or his or her heirs, executors, administrators or other legal representatives, or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets belonging to the Trust to be held harmless from and indemnified against all loss and expense arising from such liability. The Trust shall, upon request by the Unitholder, assume the defense of any claim made against the Unitholder for any act or obligation of theTrust and satisfy any judgment thereon from the assets of the Trust. The indemnification and reimbursement required by the preceding sentence shall be made only out of assets of the Trust. The rights accruing to a Unitholder under this Section shall not impair any other right to which such Unitholder may be lawfully entitled, nor shall anything herein contained restrict the right of the Trust to indemnify or reimburse a Unitholder in any appropriate situation even though not specifically provided herein.
