Common use of Holding Period Clause in Contracts

Holding Period. Contributor acknowledges that it has been advised that (i) the Partnership Units and the common stock of the Company (the "Common Stock") into which the Partnership Units may be exchanged in certain circumstances must be held indefinitely, and Contributor must continue to bear the economic risk of the investment in the Partnership Units (and any Common Stock that might be exchanged therefor), unless they are subsequently registered under the Act or an exemption from such registration is available (it being understood that the Operating Partnership has no intention of so registering the Partnership Units), (ii) a restrictive legend in the form hereafter set forth shall be placed on the certificates representing the Partnership Units (and any Common Stock that might be exchanged therefor), and (iii) a notation shall be made in the appropriate records of the Operating Partnership (and the Company) indicating that the Partnership Units (and any Common Stock that might be exchanged therefor) are subject to restrictions on transfer.

Appears in 6 contracts

Samples: Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc)

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Holding Period. Contributor acknowledges that he, she or it has been advised that (ia) unless the Partnership OP Units and the common stock of the Company (the "Common Stock") Stock into which the Partnership OP Units may be exchanged in certain circumstances are subsequently registered under the Act or an exemption from such registration is available, such OP Units and Company Common Stock must be held indefinitely, (and Contributor must continue to bear the economic risk of the investment in the Partnership OP Units (and any Company Common Stock that might be exchanged therefor), unless they are subsequently registered under the Act ) for at least twelve (12) months and may (absent an effective registration statement or an exemption from such registration is available (it being understood that the Operating Partnership has no intention of so registering the Partnership Units)registration) have to be held indefinitely, (iib) a restrictive legend in the form hereafter set forth shall be placed on the certificates representing the Partnership OP Units (and any Company Common Stock that might be exchanged therefor), ) and (iiic) a notation shall be made in the appropriate records of the Operating Partnership (and the Company) indicating that the Partnership OP Units (and any Company Common Stock that might be exchanged therefor) are subject to restrictions on transfer.

Appears in 5 contracts

Samples: Contribution Agreement (Excel Trust, Inc.), Contribution Agreement (Excel Trust, Inc.), Contribution Agreement (Excel Trust, Inc.)

Holding Period. Each Contributor acknowledges that he, she or it has been advised that (i) the Partnership Units and the common stock of the Company (the "Common Stock") into which the Partnership Units may be exchanged in certain circumstances (the "Common Stock") must be held indefinitely, and each Contributor must continue to bear the economic risk of the investment in the Partnership Units (and any Common Stock that might be exchanged therefor), unless they are subsequently registered under the Act or an exemption from such registration is available (it being understood that the Operating Partnership has no intention of so registering the Partnership Units), (ii) a restrictive legend in the form hereafter set forth shall be placed on the certificates representing the Partnership Units (and any Common Stock that might be exchanged therefor), and (iii) a notation shall be made in the appropriate records of the Operating Partnership (and the Company) indicating that the Partnership Units (and any Common Stock that might be exchanged therefor) are subject to restrictions on transfer.

Appears in 3 contracts

Samples: Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc)

Holding Period. Contributor acknowledges that he, she or it has been advised that (i) the Partnership Units and the common stock of the Company (the "Common Stock") into which the Partnership Units may be exchanged in certain circumstances must be held indefinitely, and Contributor must continue to bear the economic risk of the investment in the Partnership Units (and any Common Stock that might be exchanged therefor), unless they are subsequently registered under the Act or an exemption from such registration is available (it being understood that the Operating Partnership has no intention of so registering the Partnership Units), (ii) a restrictive legend in the form hereafter set forth shall be placed on the certificates representing the Partnership Units (and any Common Stock that might be exchanged therefor), and (iii) a notation shall be made in the appropriate records of the Operating Partnership (and the Company) indicating that the Partnership Units (and any Common Stock that might be exchanged therefor) are subject to restrictions on transfer.

Appears in 2 contracts

Samples: Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc)

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Holding Period. The Contributor acknowledges that it has been advised that (i) the Partnership Units and the common stock of the Company (the "Common Stock") into which the Partnership Units may be exchanged in certain circumstances must be held indefinitelyfor twelve (12) months and may (absent an effective registration statement or exemption from registration under the Act) have to be held indefinitely thereafter, and the Contributor must continue to bear the economic risk of the investment in the Partnership Units (and any Common Stock that might be exchanged therefor), unless they are subsequently registered under the Act or an exemption from such registration is available (it being understood that the Operating Partnership has no intention of so registering the Partnership Units), (ii) a restrictive legend in the form hereafter set forth shall be placed on the certificates representing the Partnership Units (and any Common Stock that might be exchanged therefor), and (iii) a notation shall be made in the appropriate records of the Operating Partnership (and the Company) indicating that the Partnership Units (and any Common Stock that might be exchanged therefor) are subject to restrictions on transfer.

Appears in 1 contract

Samples: Contribution Agreement (Digital Realty Trust, Inc.)

Holding Period. Each Contributor acknowledges that it has been advised that (i) the Partnership Units and the common stock of the Company (the "Common Stock") into which the Partnership Units may be exchanged Units, except as set forth in certain circumstances Section 2.8.1, must be held indefinitelyfor twelve (12) months and may have to be held indefinitely thereafter, and each Contributor must continue to bear the economic risk of the investment in the Partnership Units (and any Common Stock that might be exchanged therefor), unless they are subsequently registered under the Act or an exemption from such registration is available (it being understood that the Operating Partnership has no intention of so registering the Partnership Units), (ii) a restrictive legend in the form hereafter set forth shall be placed on the certificates representing the Partnership Units (and any Common Stock that might be exchanged therefor), and (iii) a notation shall be made in the appropriate records of the Operating Partnership (and the Company) indicating that the Partnership Units (and any Common Stock that might be exchanged therefor) are subject to restrictions on transfer.

Appears in 1 contract

Samples: Contribution Agreement (Digital Realty Trust, Inc.)

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