Withdrawals by BHC Limited Partners. (a) If at any time, as a result of proposed withdrawals by or distributions to other Partners, or for any other reason, the General Partner expects the Partnership Percentage of a BHC Limited Partner (together with the Partnership Percentages of any "affiliates" (as defined in Section 2(k) of the BHCA) of such BHC Limited Partner) to equal or exceed, in the aggregate, 25%: (i) the General Partner shall promptly notify such BHC Limited Partner; (ii) the General Partner may, in its sole discretion, require such BHC Limited Partner to withdraw such portion of the balance in its Capital Account(s) so that such BHC Limited Partner's Partnership Percentage (together with the Partnership Percentages of any "affiliates" (as defined in Section 2(k) of the BHCA) of such BHC Limited Partner) is, in the aggregate, less than 25%; and (iii) such BHC Limited Partner may withdraw such portion of the balance in its Capital Account(s) so that such BHC Limited Partner's Partnership Percentage (together with the Partnership Percentages of any "affiliates" (as defined in Section 2(k) of the BHCA) of such BHC Limited Partner) is, in the aggregate, less than 25%. (b) If as of a Withdrawal Date the General Partner requires withdrawals under Section 6.08(a)(ii), with respect to a BHC Limited Partner or a group of affiliated BHC Limited Partners, from more than one Capital Account, amounts required to be withdrawn will be determined on a pro rata basis in accordance with each Capital Account's Partnership Percentage, unless the affected BHC Limited Partner(s) instruct the General Partner otherwise.
Appears in 3 contracts
Samples: Limited Partnership Agreement, Limited Partnership Agreement, Limited Partnership Agreement
Withdrawals by BHC Limited Partners. β
(a) If at any time, as a result of proposed withdrawals by or distributions to other Partners, or for any other reason, the General Partner expects the Partnership Percentage of a BHC Limited Partner (together with the Partnership Percentages of any "affiliates" (as defined in Section 2(k) of the BHCA) of such BHC Limited Partner) to equal or exceed, in the aggregate, 25%:
(i) the General Partner shall promptly notify such BHC Limited Partner;
(ii) the General Partner may, in its sole discretion, require such BHC Limited Partner to withdraw such portion of the balance in its Capital Account(s) so that such BHC Limited Partner's Partnership Percentage (together with the Partnership Percentages of any "affiliates" (as defined in Section 2(k) of the BHCA) of such BHC Limited Partner) is, in the aggregate, less than 25%; and
(iii) such BHC Limited Partner may withdraw such portion of the balance in its Capital Account(s) so that such BHC Limited Partner's Partnership Percentage (together with the Partnership Percentages of any "affiliates" (as defined in Section 2(k) of the BHCA) of such BHC Limited Partner) is, in the aggregate, less than 25%.
(b) If as of a Withdrawal Date the General Partner requires withdrawals under Section 6.08(a)(ii), with respect to a BHC Limited Partner or a group of affiliated BHC Limited Partners, from more than one Capital Account, amounts required to be withdrawn will be determined on a pro rata basis in accordance with each Capital Account's Partnership Percentage, unless the affected BHC Limited Partner(s) instruct the General Partner otherwise.
Appears in 2 contracts
Samples: Limited Partnership Agreement, Limited Partnership Agreement