Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 7 contracts
Samples: Constructive Ownership Definition (Digital Realty Trust, Inc.), Constructive Ownership Definition (Digital Realty Trust, Inc.), Constructive Ownership Definition (Digital Realty Trust, Inc.)
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A C Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 19.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 7 contracts
Samples: Credit Agreement (Digital Realty Trust, L.P.), Digital Realty Trust, L.P., Digital Realty Trust, Inc.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 7 contracts
Samples: Credit Agreement (Digital Realty Trust, L.P.), Digital Realty Trust, Inc., Digital Realty Trust, Inc.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A G Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 22.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A F Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 22.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 6 contracts
Samples: Digital Realty Trust, L.P., Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Distributions Cumulative. Notwithstanding anything contained herein to the foregoingcontrary, distributions on the Series A Preferred Units will shall accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 18.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorizedauthorized or declared.
Appears in 5 contracts
Samples: Rexford Industrial Realty, Inc., Rexford Industrial Realty, Inc., Rexford Industrial Realty, Inc.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A I Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 24.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A D Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 20.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 5 contracts
Samples: Credit Agreement (Digital Realty Trust, L.P.), Digital Realty Trust, Inc., Digital Realty Trust, Inc.
Distributions Cumulative. Notwithstanding anything contained herein to the foregoingcontrary, distributions on the Series A B Preferred Units will shall accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 19.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorizedauthorized or declared.
Appears in 5 contracts
Samples: Agreement (Rexford Industrial Realty, Inc.), Rexford Industrial Realty, Inc., Rexford Industrial Realty, Inc.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A C Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 21.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A B Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 17.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 5 contracts
Samples: Credit Agreement (Digital Realty Trust, L.P.), Digital Realty Trust, Inc., Digital Realty Trust, Inc.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A G Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 23.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 4 contracts
Samples: Digital Realty Trust, L.P., Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A H Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 24.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 4 contracts
Samples: Digital Realty Trust, L.P., Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C 17.2(b) hereof at any time prohibit the current payment of distributions, distributions whether or not the Partnership Company has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Sunstone Hotel Investors, Inc.), Limited Liability Company Agreement (Sunstone Hotel Investors, Inc.), Limited Liability Company Agreement (Sunstone Hotel Investors, Inc.)
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A B Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C 17.2.C hereof at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 3 contracts
Samples: Constructive Ownership Definition (Digital Realty Trust, Inc.), Digital Realty Trust, Inc., Digital Realty Trust, Inc.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A H Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 23.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A I Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 25.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 2 contracts
Samples: Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 16.2.C.(2) at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorizedauthorized or declared.
Appears in 2 contracts
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C 16.2.B. hereof at any time prohibit the current payment of distributions, distributions whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 2 contracts
Samples: MPG Office Trust, Inc., Maguire Properties Inc
Distributions Cumulative. Notwithstanding anything contained herein to the foregoingcontrary, distributions on the Series A C Preferred Units will shall accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 21.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorizedauthorized or declared.
Appears in 2 contracts
Samples: Agreement (Rexford Industrial Realty, Inc.), Rexford Industrial Realty, Inc.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A B Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 17.2.C.(2) at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorizedauthorized or declared.
Appears in 1 contract
Samples: Excel Trust, Inc.
Distributions Cumulative. Notwithstanding anything contained herein to the foregoingcontrary, distributions on the Series A Preferred Units will shall accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 3(c) at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorizedauthorized or declared.
Appears in 1 contract
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A H Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 23.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.. 105
Appears in 1 contract
Samples: Digital Realty Trust, L.P.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 3.C of this Amendment at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 1 contract
Samples: Limited Partnership Agreement (Sabra Health Care REIT, Inc.)
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A Preferred Units will accrue whether or not the terms and provisions set forth in this Section 16.2.C 13.2 hereof at any time prohibit the current payment of distributions, distributions whether or not the Partnership Company has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Distributions Cumulative. Notwithstanding anything contained herein to the foregoingcontrary, distributions on the Series A C Preferred Units will shall accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 21.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.authorized or declared. 126
Appears in 1 contract
Samples: Rexford Industrial Realty, Inc.
Distributions Cumulative. Notwithstanding the foregoing, distributions on the Series A L Preferred Units will accrue whether or not the terms and provisions set forth in Section 16.2.C hereof 27.2.C at any time prohibit the current payment of distributions, whether or not the Partnership has earnings, whether or not there are funds legally available for the payment of such distributions and whether or not such distributions are authorized.
Appears in 1 contract
Samples: Digital Realty Trust, L.P.