Examples of Operating Partnership Amendment in a sentence
At the Closing, Home Properties shall deliver to the Partnership good and marketable title to the OP Units, free and clear of all liens, charges, encumbrances and restrictions, except as contained in the Operating Partnership Agreement, the Registration Rights Agreement, and the Lock-Up Agreement, and shall, by execution of the Operating Partnership Amendment, admit the Partnership as a limited partner in Home Properties.
Owners will be responsible for the allocations of the Contribution Consideration among the Owners and Beneficial Owners as set forth in this Section 2.2 and Operating Partnership shall have no liability or responsibility for such allocations made on Exhibit D, except to execute the Operating Partnership Amendment evidencing the issuance of Units consistent with the term of this Agreement.
The Operating Partnership Agreement shall have been executed and delivered and be in full force and effect, and shall not have been amended (other than pursuant to the Operating Partnership Amendment).
The shares of Common Stock and Preferred Stock issuable upon redemption of the Units and Preferred Units in accordance with the provisions of the Operating Partnership Amendment will, upon issuance upon such redemption, (A) be duly and validly issued, fully paid and nonassessable, and (B) will be shares of "Voting Stock" (as defined in the Company Charter).
The Operating Partnership Agreement shall be amended effective with the Closing Date in the form attached to this Agreement as Exhibit II (the "Operating Partnership Amendment"), to add an exhibit that will provide for the issuance of the Units to Owners and Beneficial Owners (or a Protected Transferee) as provided in this Agreement.
The updated resettlement plan was implemented for all road-work contracts.
If such holder fails to give such redemption notice within such two Business Day period, then such Unit shall be subject to such restrictions on redemption as may be set forth in the Operating Partnership Agreement, the Operating Partnership Amendment or any document executed pursuant thereof with respect to other Units, as applicable.
The execution, delivery and performance of the Operating Partnership Amendment by the Operating Partnership have been duly authorized by all necessary limited partnership action on behalf of the Operating Partnership.
The preferences, rights, voting powers, restrictions, limitations as to distributions, qualifications, terms and conditions of redemption and conversion and other terms and conditions of the New Preferred Units are as set forth in the Operating Partnership Amendment and none of such provisions is prohibited by, or conflicts with, the laws of the State of Michigan or any provision of the Operating Partnership Agreement.
BPP and the Contributors agree that if BPP were to fail to comply with its obligations under Section 9 of Exhibit C to the Operating Partnership Amendment, the Contributors would be irreparably injured and that damages would not provide an adequate remedy for such failure and accordingly, under those circumstances, that the Contributors shall be entitled to equitable relief to enforce BPP's obligations under Section 9 of Exhibit C to the Operating Partnership Amendment to comply therewith.