Common use of Alternative Transaction Clause in Contracts

Alternative Transaction. If the Offeror determines it is necessary or desirable to proceed with another form of transaction (an “Alternative Transaction”) whereby the Offeror would acquire following completion of such Alternative Transaction all or substantially all of the Units outstanding or all or substantially all of the assets of the Fund and its subsidiaries on economic terms which, in relation to the Seller, are at least equivalent to or better than those contemplated by the Offer, the Seller shall support the completion of such Alternative Transaction. If any Alternative Transaction involves a meeting or meetings of the unitholders, the Seller shall vote in favour of any matters necessary or ancillary to the completion of the Alternative Transaction. In the event of any proposed Alternative Transaction, the references in this Agreement to the Offer shall be deemed to be changed to “Alternative Transaction” and all provisions of this Agreement shall be and shall be deemed to have been made in the context of the Alternative Transaction.

Alternative Transaction. If the Offeror determines and the Fund together determine it is necessary or desirable to proceed with another form of transaction (an “Alternative Transaction”) whereby the Offeror would acquire following completion of such Alternative Transaction all or substantially all of the Units outstanding or all or substantially all of the assets of the Fund and its subsidiaries on economic terms which, in relation to the Seller, are at least equivalent to or better than those contemplated by the OfferOffer (on an after-tax basis), the Seller shall support the completion of such Alternative Transaction. If any Alternative Transaction involves a meeting or meetings of the unitholders, the Seller shall vote in favour of any matters necessary or ancillary to the completion of the Alternative Transaction. In the event of any proposed Alternative Transaction, the references in this Agreement to the Offer shall be deemed to be changed to “Alternative Transaction” and all provisions of this Agreement shall be and shall be deemed to have been made in the context of the Alternative Transaction.

Alternative Transaction. If the Offeror determines it is necessary or desirable to proceed with another form of transaction (an “Alternative Transaction”) whereby the Offeror would acquire following completion of such Alternative Transaction all or substantially all of the Units outstanding or all or substantially all of the assets of the Fund and its subsidiaries on economic terms which, in relation to the Seller in Seller’s sole discretion and judgement, are at least equivalent to or better than those contemplated by the Offer, the Seller shall support the completion of such Alternative Transaction. If any Alternative Transaction involves a meeting or meetings of the unitholders, the Seller shall then vote in favour of any matters necessary or ancillary to the completion of the Alternative Transaction. In the event of any proposed Alternative Transaction, the references in this Agreement to the Offer shall be deemed to be changed to “Alternative Transaction” and all provisions of this Agreement shall be and shall be deemed to have been made in the context of the Alternative Transaction.