Common use of Delivery of Units Clause in Contracts

Delivery of Units. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Units being sold by crediting the applicable Manager’s or its designee’s account (provided such Manager shall have given the Partnership written notice of such designee prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the Partnership and such Manager which in all cases shall be freely tradable, transferable units eligible for delivery through DTC. On each Settlement Date, the applicable Manager will deliver the related (a) Gross Proceeds or (b) Net Proceeds, as mutually agreed between the Partnership and the applicable Manager, in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Units on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 7(a) hereto, it will (i) indemnify and hold the applicable Manager harmless against any loss, liability, claim, damage, or expense whatsoever (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent and (ii) pay to such Manager any commission to which it would otherwise have been entitled absent such default. If any Manager breaches this Agreement by failing to deliver Net Proceeds to the Partnership on any Settlement Date for the Units delivered by the Partnership, the Manager will pay, until such Net Proceeds are delivered to the Partnership, the Partnership interest based on the effective overnight federal funds rate on such unpaid amount less any compensation due to the Manager. In the event that a Manager delivers the Gross Proceeds to the Partnership at a Settlement Date, such Manager’s commission, discount or other compensation for such sales payable by the Partnership pursuant to Section 3(a)(5) shall be set forth and invoiced in a periodic statement from the Manager to the Partnership and payment of such amounts shall be made promptly by the Partnership after it receipt thereof.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Antero Midstream Partners LP), Equity Distribution Agreement (Antero Midstream Partners LP)

AutoNDA by SimpleDocs

Delivery of Units. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Units being sold by crediting the applicable Manager’s or its designee’s account (provided such Manager shall have given the Partnership written notice of such designee prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the Partnership and such Manager which in all cases shall be freely tradable, transferable units eligible for delivery through DTC. On each Settlement Date, the applicable Manager will deliver the related (a) Gross Net Proceeds or (b) Net Proceeds, as mutually agreed between the Partnership and the applicable Manager, in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Units on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 7(a) hereto, it will (i) indemnify and hold the applicable Manager harmless against any loss, liability, claim, damage, or expense whatsoever (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent and (ii) pay to such Manager any commission to which it would otherwise have been entitled absent such default. If any Manager breaches this Agreement by failing to deliver Net Proceeds to the Partnership on any Settlement Date for the Units delivered by the Partnership, the Manager will pay, until such Net Proceeds are delivered to the Partnership, pay the Partnership interest based on the effective overnight federal funds rate on such unpaid amount less any compensation due to the Manager. In the event that a Manager delivers the Gross Proceeds to the Partnership at a Settlement Date, such Manager’s commission, discount or other compensation for such sales payable by the Partnership pursuant to Section 3(a)(5) shall be set forth and invoiced in a periodic statement from the Manager to the Partnership and payment of such amounts shall be made promptly by the Partnership after it receipt thereof.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Tc Pipelines Lp), Equity Distribution Agreement (Southcross Energy Partners, L.P.)

Delivery of Units. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Units being sold by crediting the applicable Manager’s or its designee’s account (provided such the Manager shall have given the Partnership written notice of such designee prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the Partnership and such the Manager which in all cases shall be freely tradable, transferable units eligible for delivery through DTC. On each Settlement Date, the applicable Manager will deliver the related (a) Gross Net Proceeds or (b) Net Proceeds, as mutually agreed between the Partnership and the applicable Manager, in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Units on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 7(a) hereto, it will (i) indemnify and hold the applicable Manager harmless against any loss, liability, claim, damage, or expense whatsoever (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent and (ii) pay to such the Manager any commission to which it would otherwise have been entitled absent such default. If any the Manager breaches this Agreement by failing to deliver Net Proceeds to the Partnership on any Settlement Date for the Units delivered by the Partnership, the Manager will pay, until such Net Proceeds are delivered to the Partnership, pay the Partnership interest based on the effective overnight federal funds rate on such unpaid amount less any compensation due to the Manager. In the event that a Manager delivers the Gross Proceeds to the Partnership at a Settlement Date, such Manager’s commission, discount or other compensation for such sales payable by the Partnership pursuant to Section 3(a)(5) shall be set forth and invoiced in a periodic statement from the Manager to the Partnership and payment of such amounts shall be made promptly by the Partnership after it receipt thereof.

Appears in 1 contract

Samples: Equity Distribution Agreement (SunCoke Energy Partners, L.P.)

Delivery of Units. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Units being sold by crediting the applicable Manager’s or its designee’s account (provided such the Manager shall have given the Partnership written notice of such designee prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the Partnership and such the Manager which in all cases shall be freely tradable, transferable units eligible for delivery through DTC. On each Settlement Date, the applicable Manager will deliver the related (a) Gross Net Proceeds or (b) Net Proceeds, as mutually agreed between the Partnership and the applicable Manager, in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Units on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 7(a) hereto, it will (i) indemnify and hold the applicable Manager harmless against any loss, liability, claim, damage, or expense whatsoever (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent and (ii) pay to such the Manager any commission to which it would otherwise have been entitled absent such default. If any the Manager breaches this Agreement by failing to deliver Net Proceeds to the Partnership on any Settlement Date for the Units delivered by the Partnership, the Manager will pay, until such Net Proceeds are delivered to the Partnership, pay the Partnership interest based on the effective overnight federal funds rate on such unpaid amount less any compensation due to the Manager. In the event that a Manager delivers the Gross Proceeds to the Partnership at a Settlement Date, such Manager’s commission, discount or other compensation for such sales payable by the Partnership pursuant to Section 3(a)(5) shall be set forth and invoiced in a periodic statement from the Manager to the Partnership and payment of such amounts shall be made promptly by the Partnership after it receipt thereof.

Appears in 1 contract

Samples: Equity Distribution Agreement (Golar LNG Partners LP)

Delivery of Units. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Units being sold by crediting the applicable Manager’s or its designee’s account (provided such Manager shall have given the Partnership written notice of such designee prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the Partnership and such Manager which in all cases shall be freely tradable, transferable units eligible for delivery through DTC. On each Settlement Date, the applicable Manager will deliver the related (a) Gross Net Proceeds or (b) Net Proceeds, as mutually agreed between the Partnership and the applicable Manager, in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Units on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 7(a) hereto, it will (i) indemnify and hold the applicable Manager harmless against any loss, liability, claim, damage, or expense whatsoever (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent and (ii) pay to such Manager any commission to which it would otherwise have been entitled absent such default. If any Manager breaches this Agreement by failing to deliver Net Proceeds to the Partnership on any Settlement Date for the Units delivered by the Partnership, the Manager will pay, until such Net Proceeds are delivered to the Partnership, the Partnership interest based on the effective overnight federal funds rate on such unpaid amount less any compensation due to the Manager. In the event that a Manager delivers the Gross Proceeds to the Partnership at a Settlement Date, such Manager’s commission, discount or other compensation for such sales payable by the Partnership pursuant to Section 3(a)(5) shall be set forth and invoiced in a periodic statement from the Manager to the Partnership and payment of such amounts shall be made promptly by the Partnership after it receipt thereof.

Appears in 1 contract

Samples: Equity Distribution Agreement (Black Stone Minerals, L.P.)

Delivery of Units. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Units being sold by crediting the applicable Manager’s or its designee’s account (provided such Manager shall have given the Partnership written notice of such designee prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the Partnership and such Manager which in all cases shall be freely tradable, transferable units eligible for delivery through DTC. On each Settlement Date, the applicable Manager will deliver the related (a) Gross Net Proceeds or (b) Net Proceeds, as mutually agreed between the Partnership and the applicable Manager, in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if If the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Units on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 7(a) hereto, it will (i) indemnify and hold the applicable Manager harmless against any loss, liability, claim, damage, or expense whatsoever (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent and (ii) pay to such Manager any commission to which it would otherwise have been entitled absent such default. If any Manager breaches this Agreement by failing to deliver Net Proceeds to the Partnership on any Settlement Date for the Units delivered by the Partnership, the Manager will pay, until such Net Proceeds are delivered to the Partnership, pay the Partnership interest based on the effective overnight federal funds rate on such unpaid amount less any compensation due to the Manager. In the event that a Manager delivers the Gross Proceeds to the Partnership at a Settlement Date, such Manager’s commission, discount or other compensation for such sales payable by the Partnership pursuant to Section 3(a)(5) shall be set forth and invoiced in a periodic statement from the Manager to the Partnership and payment of such amounts shall be made promptly by the Partnership after it receipt thereof.

Appears in 1 contract

Samples: Equity Distribution Agreement (Global Partners Lp)

AutoNDA by SimpleDocs

Delivery of Units. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Units being sold by crediting the applicable Manager’s or its designee’s account (provided such Manager shall have given the Partnership written notice of such designee prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the Partnership and such Manager which in all cases shall be freely tradable, transferable units eligible for delivery through DTC. On each Settlement Date, the applicable Manager will deliver the related (a) Gross Net Proceeds or (b) Net Proceeds, as mutually agreed between the Partnership and the applicable Manager, in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Units on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 7(a) hereto, it will (i) indemnify and hold the applicable Manager harmless against any loss, liability, claim, damage, or expense whatsoever (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent and (ii) pay to such Manager any commission to which it would otherwise have been entitled absent such default. If any Manager breaches this Agreement by failing to deliver Net Proceeds to the Partnership on any Settlement Date for the Units delivered by the Partnership, the Manager will pay, until such Net Proceeds are delivered to the Partnership, pay the Partnership interest based on the effective overnight federal funds rate on such unpaid amount less any compensation due to the Manager. In the event that a Manager delivers the Gross Proceeds to the Partnership at a Settlement Date, such Manager’s commission, discount or other compensation for such sales payable by the Partnership pursuant to Section 3(a)(5) shall be set forth and invoiced in a periodic statement from the Manager to the Partnership and payment of such amounts shall be made promptly by the Partnership after it receipt thereof.

Appears in 1 contract

Samples: Equity Distribution Agreement (Rose Rock Midstream, L.P.)

Delivery of Units. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Units being sold by crediting the applicable Manager’s or its designee’s account (provided such Manager shall have given the Partnership written notice of such designee prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the Partnership and such Manager which in all cases shall be freely tradable, transferable units eligible for delivery through DTC. On each Settlement Date, the applicable Manager will deliver the related (a) Gross Net Proceeds or (b) Net Proceeds, as mutually agreed between the Partnership and the applicable Manager, in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Units on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 7(a) hereto, it will (i) indemnify and hold the applicable Manager harmless against any loss, liability, claim, damage, or expense whatsoever (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent and (ii) pay to such Manager any commission to which it would otherwise have been entitled absent such default. If any Manager breaches this Agreement by failing to deliver Net Proceeds to the Partnership on any Settlement Date for the Units delivered by the Partnership, the Manager will pay, until such Net Proceeds are delivered to the Partnership, the Partnership interest based on the effective overnight federal funds rate on such unpaid amount less any compensation due to the Manager. In the event that a Manager delivers the Gross Proceeds to the Partnership at a Settlement Date, such Manager’s commission, discount or other compensation for such sales payable by the Partnership pursuant to Section 3(a)(5) shall be set forth and invoiced in a periodic statement from the Manager to the Partnership and payment of such amounts shall be made promptly by the Partnership after it receipt thereof.

Appears in 1 contract

Samples: Equity Distribution Agreement (Tc Pipelines Lp)

Delivery of Units. On or before each Settlement Date, the Partnership will, or will cause its transfer agent to, electronically transfer the Units being sold by crediting the applicable Manager’s or its designee’s account (provided such Manager shall have given the Partnership written notice of such designee prior to the Settlement Date) at The Depository Trust Company (“DTC”) through its Deposit and Withdrawal at Custodian System or by such other means of delivery as may be mutually agreed upon by the Partnership and such Manager which in all cases shall be freely tradable, transferable units eligible for delivery through DTCDTC and containing no restrictions on transfer. On each Settlement Date, the applicable Manager will deliver the related (a) Gross Net Proceeds or (b) Net Proceeds, as mutually agreed between the Partnership and the applicable Manager, in same day funds to an account designated by the Partnership on, or prior to, the Settlement Date. The Partnership agrees that if the Partnership, or its transfer agent (if applicable), defaults in its obligation to deliver Units on a Settlement Date, the Partnership agrees that in addition to and in no way limiting the rights and obligations set forth in Section 7(a) hereto, it will (i) indemnify and hold the applicable Manager harmless against any loss, liability, claim, damage, or expense whatsoever (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Partnership or its transfer agent and (ii) pay to such Manager any commission to which it would otherwise have been entitled absent such default. If any Manager breaches this Agreement by failing to deliver Net Proceeds to the Partnership on any Settlement Date for the Units delivered by the Partnership, the such Manager will pay, until such Net Proceeds are delivered to the Partnership, the Partnership interest based on the effective overnight federal funds rate on such unpaid amount less any compensation and expenses due to the Manager. In the event that a Manager delivers the Gross Proceeds to the Partnership at a Settlement Date, such Manager’s commission, discount or other compensation for such sales payable by the Partnership pursuant to Section 3(a)(5) shall be set forth and invoiced in a periodic statement from the Manager to the Partnership and payment of such amounts shall be made promptly by the Partnership after it receipt thereof.

Appears in 1 contract

Samples: Equity Distribution Agreement (NGL Energy Partners LP)

Time is Money Join Law Insider Premium to draft better contracts faster.