Buyer Units Sample Clauses

Buyer Units. Buyer shall deliver to the Sellers 1,407,895 Common Units (the “Buyer Units”) having an agreed value of $26,750,000. Notwithstanding the forgoing, if the average of the per unit closing prices of the Common Units on the NASDAQ Global Market, as reported in the Wall Street Journal, for the five (5) consecutive trading days ending on the trading day prior to the Closing Date is below $18.00, the Sellers may, by written notice to Buyer, notify Buyer that the Sellers elect to terminate this Agreement in accordance with Section 10.1 hereof on the date which is five (5) Business Days after the date of such notice. If the Sellers make such election and provide the notice to Buyer as required above, Buyer may elect on or before the expiration of such five (5) Business Day period to pay the balance of the Consideration in cash and, if such election is made by Buyer, the Sellers will rescind their election to terminate this Agreement. Notwithstanding the date of delivery of the Buyer Units, Sellers hereby waive any and all rights to receive any distribution by Buyer relating to the three month period ending March 31, 2007, whenever such distribution is declared and regardless of whether Sellers acquire the Buyer Units prior to the setting of any record date with respect to such distribution. The parties hereto agree that such waiver is based on the fact that Sellers will not own any Buyer Units during the three month period ending March 31, 2007 and not the result of any failure of Buyer to fund such distribution to Sellers.