Examples of Triggering Partner in a sentence
If more than one Purchasing Partner shall have elected to buy the Interest of the Triggering Partner, then the Interest of the Triggering Partner shall be allocated among such Purchasing Partners in proportion to their respective Allocable Share at the time of such purchase.
The Non-Triggering Partner shall then have the option to purchase the Partnership Interest(s) of the Triggering Partner for cash at a price equal to the amount (the "Sale Price") that the Triggering Partner would receive under Section 8.1(a) hereof, if the Partnership's assets were sold for the purchase price set forth in the Sale Offer and all of the liabilities of the Partnership were satisfied.
The Non-Triggering Partner shall specify in a notice (a "Trigger Notice") to the Triggering Partner, within forty-five (45) Days after receipt of the Sale Offer, whether or not it(they) desires to accept the Sale Offer and purchase the Partnership Interest(s) of the Triggering Partner for the Sale Price.
Such offer cannot contain terms and conditions which are unique to and impossible of performance by anyone other than the Triggering Partner.
Failure to give a Trigger Notice that the Non-Triggering Partner has elected to purchase the Partnership Interest(s) of the Triggering Partner (and to deliver the required deposit) within such forty-five (45) Day period, shall constitute an election to reject the Sale Offer.
In the event the Receiving Partner does not notify the Triggering Partner within such time period, or its notice specifies a price, timing or terms and conditions different from the Shot-Gun Terms, the Triggering Partner shall have the option to (i) purchase the Receiving Partner's interest on the Shot-Gun Terms, (ii) sell its interest on the different terms set forth by the Receiving Partner, if any, or (iii) terminate the Shot-Gun Sale procedure.
If more than one Purchasing Partner shall have elected to buy the Interest of the Triggering Partner, then the Interest of the Triggering Partner shall be allocated among such Purchasing Partners in proportion to their respective Allocable Share at the time of such purchase.
The closing of the sale of the Non-Triggering Partner's Partnership Interest shall occur on or before the sixtieth (60th) day following the receipt of the Exercise Notice by the Triggering Partner, the Purchasing Partner or the Partnership, as the case may be; provided that if the Appraisal Procedure is invoked to determine the Transfer Price, the time periods in this sentence shall be extended to the date which is thirty (30) days following the final determination of the Transfer Price.
If the Transfer Price is determined in accordance with the Appraisal Procedure, the expense thereof is to be paid fifty percent (50%) by the Triggering Partner and fifty percent (50%) by the Non- Triggering Partner.
Furthermore, the Agreement of Partnership of each WIG Partnership permits either partner (the "Triggering Partner") to require the other partner (the "Noticed Partner") to elect either to purchase all of the Triggering Partner's interests in any or all of the WIG Partnerships, or to sell all of the Noticed Partner's interests in any or all of the WIG Partnerships to the Triggering Partner, at a price that is fixed by the Triggering Partner in its notice to the Noticed Partner (the "Buy/Sell Right").