Distributions in Kind. Except as expressly provided herein, no right is given to any Holder to demand and receive property other than cash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in kind of Partnership assets to the Holders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 hereof; provided, however, that the General Partner shall not make a distribution in kind to any Holder unless the Holder has been given 90 days prior written notice of such distribution.
Appears in 43 contracts
Samples: Agreement and Plan of Merger (American Assets Trust, Inc.), Contribution Agreement (City Office REIT, Inc.), Op Contribution Agreement (American Assets Trust, Inc.)
Distributions in Kind. Except as expressly provided herein, no right is given to any Holder to demand and receive property other than cash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in kind of Partnership assets to the Holders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 10 hereof; provided, however, that the General Partner shall not make a distribution in kind to any Holder unless the Holder has been given 90 days prior written notice of such distribution.
Appears in 10 contracts
Samples: Original Partnership Agreement (GTJ REIT, Inc.), Agreement (Hudson Pacific Properties, L.P.), Asset Purchase Agreement (Hudson Pacific Properties, Inc.)
Distributions in Kind. Except as expressly provided herein, no No right is given to any Holder to demand and receive property other than cash as provided in this Agreement. The Managing General Partner may determine, in its sole and absolute discretion, to make a distribution in kind of Partnership assets to the Holders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 10 hereof; provided, however, that the Managing General Partner shall not make a distribution in kind to any Holder unless the Holder has been given 90 ninety (90) days prior written notice of such distribution.
Appears in 6 contracts
Samples: Agreement (Welsh Property Trust, Inc.), Contribution Agreement (Welsh Property Trust, Inc.), Contribution Agreement (Welsh Property Trust, Inc.)
Distributions in Kind. Except as expressly provided herein, no right is given to any Holder to demand and receive property other than cash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to cause the Partnership to make a distribution in kind of Partnership assets to the Holders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 hereof; provided, however, that the General Partner shall not make a distribution in kind to any Holder unless the Holder has been given 90 days prior written notice of such distribution.
Appears in 5 contracts
Samples: Agreement (Brixmor Property Group Inc.), Agreement (Brixmor Operating Partnership LP), Agreement (Brixmor Property Group Inc.)
Distributions in Kind. Except as expressly provided herein, no right is given to any Holder Partner to demand and receive property other than cash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to cause the Partnership to make a distribution in kind of Partnership assets to the HoldersPartners, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 10 hereof; provided, however, that the General Partner shall not cause the Partnership to make a distribution in kind to any Holder Partner unless the Holder Partner has been given 90 days prior written notice of such distribution.
Appears in 5 contracts
Samples: Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.), Agreement (Phillips Edison & Company, Inc.), Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.)
Distributions in Kind. Except as expressly provided herein, no right is given to any Holder to demand and receive property other than cash as provided in this Agreement. The General Partner Managing Member may determine, in its sole and absolute discretion, to make a distribution in kind of Partnership Company assets to the Holders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 hereof; provided, however, that the General Partner Managing Member shall not make a distribution in kind to any Holder unless the Holder has been given 90 days prior written notice of such distribution.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Kimco Realty Corp), Limited Liability Company Agreement (Kimco Realty OP, LLC), Operating Agreement (Healthpeak Properties, Inc.)
Distributions in Kind. Except as expressly provided herein, no right is given to any Holder to demand and receive a distribution of property other than cash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in kind of Partnership assets to the Holders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 hereof; provided, however, that the General Partner shall not make a distribution in kind to any Holder unless the Holder has been given 90 ninety (90) days prior written notice of such distribution.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Silver Bay Realty Trust Corp.), Limited Partnership Agreement (Silver Bay Realty Trust Corp.), Limited Partnership Agreement (Silver Bay Realty Trust Corp.)
Distributions in Kind. Except as expressly provided herein, no No right is given to any Holder to demand and receive property other than cash as provided in this Agreement. The Managing General Partner may determine, in its sole and absolute discretion, to make a distribution in kind of Partnership assets to the Holders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 10 hereof; provided, however, that the Managing General Partner shall not make a distribution in kind to any Holder unless the Holder has been given 90 days prior written notice of such distribution.
Appears in 2 contracts
Samples: Douglas Emmett Inc, Hartman Short Term Income Properties XX, Inc.
Distributions in Kind. Except as expressly provided herein, no Holder has any right is given to any Holder to demand and or receive property other than cash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to cause the Partnership to make a distribution in kind of Partnership assets to the Holders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 hereof13; provided, however, that the General Partner shall not make a distribution in kind to any Holder unless the Holder has been given 90 ninety (90) days prior written notice of such distribution.
Appears in 2 contracts
Samples: Agreement (Federal Realty OP LP), Agreement (Federal Realty OP LP)
Distributions in Kind. Except as expressly provided herein, no right is given to any Holder to demand and receive property other than cash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in kind of Partnership assets or Partnership Units to the Holders, and such assets or Partnership Units shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 hereof; provided, however, that the General Partner shall not make a distribution in kind to any Holder unless the Holder has been given 90 days prior written notice of such distribution.
Appears in 2 contracts
Samples: Agreement (Vici Properties Inc.), Vici Properties Inc.
Distributions in Kind. Except as expressly provided herein, no No right is given to any Holder to demand and receive property other than cash as provided in this Agreement. The Managing General Partner may determine, in its sole and absolute discretion, to make a distribution in kind of Partnership assets to the Holders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 10 hereof; provided, however, provided that the Managing General Partner shall not make a distribution in kind to any Holder unless the Holder has been given 90 days prior written notice of such distribution.
Appears in 1 contract
Samples: Global Signal Inc
Distributions in Kind. Except as expressly provided herein, no right is given to any Holder to demand and receive property other than cash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in kind of Partnership assets to the Holders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 hereof13; provided, however, that the General Partner shall not make a distribution in kind to any Holder unless the Holder has been given 90 ninety (90) days prior written notice of such proposed distribution.
Appears in 1 contract
Samples: Workspace Property Trust
Distributions in Kind. Except as expressly provided herein, no right is given to any Holder to demand and receive a distribution of property other than cash as provided in this Agreement. The General Partner may determine, in its sole and absolute discretion, to make a distribution in kind of Partnership assets to the Holders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 hereof; provided, however, that the General Partner shall not make a distribution in kind to any Holder unless the Holder has been given 90 days ninety (90) days’ prior written notice of such distribution.
Appears in 1 contract
Distributions in Kind. Except as expressly provided herein, no No right is given to any Holder --------------------- to demand and receive property other than cash as provided in this Agreement. The Managing General Partner may determine, in its sole and absolute discretion, to make a distribution in kind of Partnership assets to the Holders, and such assets shall be distributed in such a fashion as to ensure that the fair market value is distributed and allocated in accordance with Articles 5, 6 and 13 10 hereof; provided, however, provided that the Managing General Partner shall not make a distribution -------- in kind to any Holder unless the Holder has been given 90 days prior written notice of such distribution.
Appears in 1 contract
Samples: Westfield America Inc
