Common use of Redemption Mechanics Clause in Contracts

Redemption Mechanics. After receipt of a Redemption Notice and on the date the Put Right is exercised as indicated in such Redemption Notice, the Company shall redeem the number of Class A or Class B Preferred Units as set forth in such Redemption Notice, which amount may include fractional Units, and the redemption amount shall be equal to the liquidation value of such Preferred Units plus accrued and unpaid distributions in respect of such redeemed Preferred Units, if any, as of the date of the Redemption Notice (the “Redemption Amount”). The Company shall distribute the proceeds of the redemption to the Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in the Redemption Notice. In consideration for the payment of the Redemption Amount specified in this Section 4.5(c), the Redeeming Preferred Member shall transfer to the Company the number of its Preferred Units to be so redeemed, free and clear of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence the redemption of such Preferred Units. If less than all the outstanding Preferred Units held by the Redeeming Preferred Member are to be redeemed, the selection of Preferred Units for redemption shall be made pro-rata among the outstanding Preferred Units held by the Redeeming Preferred Member. Upon the redemption of any Preferred Units, Schedule A attached hereto shall be amended to reflect the remaining amount, if any, of Preferred Units held by Trust I and Trust II.

Redemption Mechanics. After Upon receipt of a payment by each holder of Special Shares electing to redeem pursuant to paragraphs 5(a) or 5(b) above of the redemption price applicable to such Special Shares (the Class A Redemption Notice and on the date the Put Right is exercised as indicated in such Redemption NoticePrice, the Company shall redeem the number of Class A or Class B Preferred Units Redemption Price or the Class C Redemption Price, as set forth in such Redemption Noticethe case may be), which amount may include fractional Units, and the redemption amount shall be equal to the liquidation value all rights of such Preferred Units plus accrued and unpaid distributions in respect holders of such redeemed Preferred Unitsshares shall cease with respect to such shares, if any, as and such shares shall not thereafter be transferred on the books of the date Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for redemption of Special Shares on any Redemption Notice (Date are insufficient to redeem the “Redemption Amount”)total number of outstanding Special Shares as to which redemption is requested, the holders of Special Shares requesting redemption shall share rateably in any funds legally available for redemption of such shares according to the respective amounts which would be payable with respect to the full number of shares owned by such holders as to which redemption is requested if all such outstanding shares were redeemed in full. The Company Special Shares not redeemed shall distribute the proceeds remain outstanding and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the redemption to the Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in the Redemption Notice. In consideration Corporation are legally available for the payment of the Redemption Amount specified in this Section 4.5(c), the Redeeming Preferred Member shall transfer to the Company the number of its Preferred Units to be so redeemed, free and clear of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence the redemption of such Preferred Units. If less than all Special Shares, such funds will be used, at the outstanding Preferred Units held by end of the Redeeming Preferred Member next succeeding fiscal quarter, to redeem the balance of such shares as to which redemption had been requested, or such portion thereof for which funds are then legally available, on the basis set forth above, regardless of whether any last date for giving notice pursuant to be redeemedparagraphs 5(a) or 5(b), as the selection of Preferred Units for redemption shall be made pro-rata among the outstanding Preferred Units held by the Redeeming Preferred Member. Upon the redemption of any Preferred Unitscase may be, Schedule A attached hereto shall be amended to reflect the remaining amount, if any, of Preferred Units held by Trust I and Trust IIhas passed.

Redemption Mechanics. After receipt At least 20 but not more than 30 days prior to the Redemption Date, written notice (the "Redemption Notice") shall be given by the Corporation by mail, postage prepaid, or by telex to non-U.S. residents, to each holder of a Redemption Notice and record (at the close of business on the date business day next preceding the Put Right is exercised as indicated in such Redemption Notice, the Company shall redeem the number of Class A or Class B Preferred Units as set forth in such Redemption Notice, day on which amount may include fractional Units, and the redemption amount shall be equal to the liquidation value of such Preferred Units plus accrued and unpaid distributions in respect of such redeemed Preferred Units, if any, as of the date of the Redemption Notice (the “Redemption Amount”). The Company shall distribute the proceeds is given) of shares of Series A Convertible Preferred Stock notifying such holder of the redemption to the Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in and specifying the Redemption NoticePrice, the Redemption Date and the place where said Redemption Price shall be payable. In consideration for The Redemption Notice shall be addressed to each from and after the close of business on the Redemption Date, unless there shall have been a default in the payment of the Redemption Amount specified in this Section 4.5(c)Price, all rights of holders of shares of Series A Convertible Preferred Stock (except the right to receive the Redemption Price) shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for redemption of shares of Series A Convertible Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A Convertible Preferred Stock, the Redeeming holders of shares of Series A Convertible Preferred Member Stock shall transfer share ratably in any funds legal available for redemption of such shares according to the Company respective amounts which would be payable with respect to the full number of its shares owned by them in all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Units Stock not redeemed shall remain outstanding and entitled to be so redeemed, free all rights and clear preferences provided herein. At any time thereafter when additional funds of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence Corporation are legal available for the redemption of such shares of Series A Convertible Preferred Units. If less than all Stock, such funds will be used, at the outstanding Preferred Units held by end of the Redeeming Preferred Member next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are to be redeemedthen legally available, on the selection of Preferred Units for redemption shall be made pro-rata among the outstanding Preferred Units held by the Redeeming Preferred Member. Upon the redemption of any Preferred Units, Schedule A attached hereto shall be amended to reflect the remaining amount, if any, of Preferred Units held by Trust I and Trust IIbasis set forth above.

Redemption Mechanics. After receipt At least 20 but not more than 60 days prior to the Redemption Date, written notice (the "Redemption Notice") shall be given by the Corporation to each holder of a record (at the close of business on the business day next preceding the day on which the Redemption Notice is given) of shares of Series Y Preferred Stock notifying such holder of the redemption and on specifying the date the Put Right is exercised as indicated in Redemption Price, such Redemption NoticeDate, the Company shall redeem the number of Class A or Class B shares of Series Y Preferred Units as set forth in Stock to be redeemed from such Redemption Notice, which amount may include fractional Units, holder and the redemption amount place where said Redemption Price shall be equal payable and calling upon such holder to surrender to the liquidation value of such Preferred Units plus accrued Corporation, in the manner and unpaid distributions in respect of such redeemed Preferred Units, if any, as of at the date of place designated his certificate or certificates representing the shares to be redeemed. On or after the Redemption Notice (the “Redemption Amount”). The Company Date, each holder of Series Y Preferred Stock shall distribute the proceeds of the redemption surrender to the Preferred Member exercising its Put Right (Corporation the “Redeeming Preferred Member”) no later than one Business Day following certificate or certificates representing such shares, in the date manner and at the Put Right is exercised as indicated place designated in the Redemption Notice, and thereupon the Redemption Price of such shares shall be payable to the order of the person whose name appears on such certificate or certificates as the owner thereof and each surrendered certificate shall be canceled. In consideration for The Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From and after the close of business on the Redemption Date, unless there shall have been a default in the payment of the Redemption Amount specified in this Section 4.5(c)Price, all rights of holders of shares of Series Y Preferred Stock (except the right to receive the Redemption Price) shall cease with respect to the shares to be redeemed on such Redemption Date, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If, on the Redemption Date, the Redeeming funds of the Corporation legally available for redemption of shares of (A) Series Y Preferred Member Stock, (B) Series X Preferred Stock and (C) any other class or series of preferred stock (whenever designated or created) that (1) entitles the holders thereof to cause the Corporation to redeem such shares and (2) is on parity with the Series Y Preferred Stock with respect to redemption by the Corporation, are insufficient to redeem the total number of shares of Series Y Preferred Stock, Series X Preferred Stock and any other class or series of preferred stock to be redeemed on such Redemption Date, the holders of such shares shall transfer share ratably in any funds legally available for redemption of such shares according to the Company respective amounts which would be payable to them if the full number of its Preferred Units shares to be redeemed on such Redemption Date were actually redeemed. The shares of Series Y Preferred Stock, Series X Preferred Stock and any other class or series of preferred stock required to be redeemed but not so redeemed, free redeemed shall remain outstanding and clear entitled to all rights and preferences provided herein. At any time thereafter when additional funds of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence Corporation are legally available for the redemption of such shares of Series Y Preferred UnitsStock, Series X Preferred Stock and any other class or series of preferred stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are then legally available, on the basis set forth above. If less than all The Series X Preferred Stock shall rank on parity with the outstanding Series Y Preferred Units held Stock with respect to redemption by the Redeeming Preferred Member are to be redeemed, the selection of Preferred Units for redemption shall be made pro-rata among the outstanding Preferred Units held by the Redeeming Preferred Member. Upon the redemption of any Preferred Units, Schedule A attached hereto shall be amended to reflect the remaining amount, if any, of Preferred Units held by Trust I and Trust IICorporation.

Redemption Mechanics. After receipt At least 20 but not more than 30 days prior to the Redemption Date, written notice (the "Redemption Notice") shall be given by the Corporation by mail, holder of a Redemption Notice and record (at the close of business on the date business day next preceding the Put Right is exercised as indicated in such Redemption Notice, the Company shall redeem the number of Class A or Class B Preferred Units as set forth in such Redemption Notice, day on which amount may include fractional Units, and the redemption amount shall be equal to the liquidation value of such Preferred Units plus accrued and unpaid distributions in respect of such redeemed Preferred Units, if any, as of the date of the Redemption Notice (the “Redemption Amount”). The Company shall distribute the proceeds is given) of shares of Series A convertible Preferred Stock notifying such holder of the redemption to the Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in and specifying the Redemption NoticePrice, the Redemption date and the place where said Redemption Price shall be payable. In consideration for The Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From and after the close of business on the Redemption Date, unless there shall have been a default in the payment of the Redemption Amount specified in this Section 4.5(c)Price, all rights of holders of shares of Series A Convertible Preferred Stock (except the right to receive the Redemption Price) shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for the redemption of shares of Series A Convertible Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A convertible Preferred Stock, the Redeeming holders of shares of Series A convertible Preferred Member Stock shall transfer share ratably in any funds legally available for redemption of such shares according to the Company respective amounts which would be payable with respect to the full number of its shares owned by them if all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Units Stock not redeemed shall remain outstanding and entitled to be so redeemed, free all rights and clear preferences provided herein. At any time thereafter when additional funds of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence Corporation are legally available for the redemption of such shares of Series A Convertible Preferred Units. If less than all Stock, such funds will be used, at the outstanding Preferred Units held by end of the Redeeming Preferred Member next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are to be redeemedthen legally available, on the selection of Preferred Units for redemption shall be made pro-rata among the outstanding Preferred Units held by the Redeeming Preferred Member. Upon the redemption of any Preferred Units, Schedule A attached hereto shall be amended to reflect the remaining amount, if any, of Preferred Units held by Trust I and Trust IIbasis set forth above.

Redemption Mechanics. After receipt At least 20 but not more than 30 days prior to the Redemption Date, written notice (the "Redemption Notice") shall be given by the Corporation by mail, postage prepaid, or by telex to non-U.S. residents, to each holder of a Redemption Notice and record (at the close of business on the date business day next preceding the Put Right is exercised as indicated in such Redemption Notice, the Company shall redeem the number of Class A or Class B Preferred Units as set forth in such Redemption Notice, day on which amount may include fractional Units, and the redemption amount shall be equal to the liquidation value of such Preferred Units plus accrued and unpaid distributions in respect of such redeemed Preferred Units, if any, as of the date of the Redemption Notice (the “Redemption Amount”). The Company shall distribute the proceeds is given) of shares of Series A Convertible Preferred Stock notifying such holder of the redemption to the Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in and specifying the Redemption NoticePrice, the Redemption Date and the place where said Redemption Price shall be payable. In consideration for The Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From and after the close of business on the Redemption date, unless there shall have been a default in the payment of the Redemption Amount specified in this Section 4.5(c)Price, all rights of holders of shares of Series A Convertible Preferred Stock (except the right to receive the Redemption Price) shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for redemption of shares of Series A Convertible Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Series A Convertible Preferred Stock, the Redeeming holders of shares of Series A Convertible Preferred Member Stock shall transfer share ratably in any funds legally available for redemption of such shares according to the Company respective amounts which would be payable with respect to the full number of its shares owned by them if all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Units Stock not redeemed shall remain outstanding and entitled to be so redeemed, free all rights and clear preferences provided herein. At any time thereafter when additional funds of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence Corporation are legally available for the redemption of such shares of Series A Convertible Preferred Units. If less than all Stock, such funds will be used, at the outstanding Preferred Units held by end of the Redeeming Preferred Member next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are to be redeemedthen legally available, on the selection of Preferred Units for redemption shall be made pro-rata among the outstanding Preferred Units held by the Redeeming Preferred Member. Upon the redemption of any Preferred Units, Schedule A attached hereto shall be amended to reflect the remaining amount, if any, of Preferred Units held by Trust I and Trust IIbasis set forth above.

Redemption Mechanics. After At least 20 but not more than 30 days prior to the Redemption Date, written notice (the "Redemption Notice") shall be given by the Corporation by delivery in person, certified or registered mail, return receipt requested, facsimile, telecopier or telex, to each holder of a Redemption Notice and record at the close of business on the date business day next preceding the Put Right is exercised as indicated in such Redemption Notice, the Company shall redeem the number of Class A or Class B Preferred Units as set forth in such Redemption Notice, day on which amount may include fractional Units, and the redemption amount shall be equal to the liquidation value of such Preferred Units plus accrued and unpaid distributions in respect of such redeemed Preferred Units, if any, as of the date of the Redemption Notice (the “Redemption Amount”). The Company shall distribute the proceeds is given) of shares of Preferred Stock notifying such holder of the redemption to the Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in and specifying the Redemption NoticePrice, the Redemption Date and the place where said Redemption Price shall be payable. In consideration for The Redemption Notice shall be addressed to each holder at his address as shown by the records of the Corporation. From and after the close of business on the Redemption Date, unless there shall have been a default in the payment of the Redemption Amount specified in this Section 4.5(c)Price, all rights of holders of shares of Preferred Stock (except the right to receive the Redemption Price) shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the corporation legally available for redemption of shares of Preferred Stock on the Redemption Date are insufficient to redeem the total number of outstanding shares of Preferred Stock, the Redeeming holders of shares of Preferred Member Stock shall transfer share ratably in any funds legally available for redemption of such shares according to the Company respective amounts which would be payable with respect to the full number of its shares owned by them if all such outstanding shares were redeemed in full. The shares of Preferred Units Stock not redeemed shall remain outstanding and entitled to be so redeemed, free all rights and clear preferences provided herein. At any time thereafter when additional funds of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence Corporation are legally available for the redemption of such Preferred Units. If less than all the outstanding Preferred Units held by the Redeeming Preferred Member are to be redeemed, the selection shares of Preferred Units Stock, such funds will be used, at the end of the next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for redemption shall be made pro-rata among which funds are then egally available, on the outstanding Preferred Units held by the Redeeming Preferred Member. Upon the redemption of any Preferred Units, Schedule A attached hereto shall be amended to reflect the remaining amount, if any, of Preferred Units held by Trust I and Trust IIbasis set forth above.

Redemption Mechanics. After At least 60 days prior to the Redemption Date (in the case of Section 4.2(i) or (ii) above), or, in the case of Section 4.2(iii) above, no more than three days following the Corporation's receipt of notice of redemption from a holder of Class A Preferred Stock, written notice of the Redemption Notice and Date, including a copy of any notice of redemption delivered by a holder of Class A Preferred Stock in the case of Section 4.2(iii) (in any such case, the "Redemption Notice") shall be delivered by the Corporation to each holder of Class B Preferred Stock by delivery in person of the Redemption Date. At any time on or prior to five days before the date Redemption Date (and, in the Put Right is exercised as indicated in such case of Section 4.2(iii) above, not less than 10 days after delivery of the Redemption Notice, even if such date is after the Company Redemption Date), written notice shall be given to the Corporation by each holder of Class B Preferred Stock who desires to require the Corporation to redeem shares of Class B Preferred Stock, notifying the Corporation of such redemption and specifying the number of Class A or shares of Class B Preferred Units as set forth Stock to be redeemed from such holder. From and after the close of business on a Redemption Date, unless there shall have been a default in such Redemption Notice, which amount may include fractional Units, and the redemption amount shall be equal to the liquidation value of such Preferred Units plus accrued and unpaid distributions in respect of such redeemed Preferred Units, if any, as of the date of the Redemption Notice (the “Redemption Amount”). The Company shall distribute the proceeds of the redemption to the Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in the Redemption Notice. In consideration for the payment of the Redemption Amount specified in this Section 4.5(c)Price, all rights of holders of Class B Preferred Stock electing to require the Corporation to redeem the Class B Preferred Stock held by each of them (except the right to receive the Redemption Price) shall cease with respect to the shares to be redeemed on such Redemption Date, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for redemption of the Class B Preferred Stock on the Redemption Date are insufficient to redeem the total number of Class B Preferred Stock electing to be redeemed on such Redemption Date, the Redeeming Preferred Member holders of such shares shall transfer share ratably in any funds legally available for redemption of such shares according to the Company respective amounts that would be payable to them if the full number of its Preferred Units shares to be redeemed on such Redemption Date were actually redeemed. The Class B Preferred Stock required to be redeemed but not so redeemed, free redeemed shall remain outstanding and clear entitled to all rights and preferences provided herein. At any time thereafter when additional funds of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence Corporation are legally available for the redemption of such Class B Preferred Units. If less than all Stock, such funds will be used, at the outstanding Preferred Units held by end of the Redeeming Preferred Member next succeeding fiscal quarter, to redeem the balance of such shares, or such portion thereof for which funds are to be redeemedthen legally available, on the selection of Preferred Units for redemption shall be made pro-rata among the outstanding Preferred Units held by the Redeeming Preferred Member. Upon the redemption of any Preferred Units, Schedule A attached hereto shall be amended to reflect the remaining amount, if any, of Preferred Units held by Trust I and Trust IIbasis set forth above.

Redemption Mechanics. After At least 20 but not more than 30 days prior to any Redemption Date, written notice (the "Corporation Redemption Notice") shall be given by the Corporation by delivery in person, certified or registered mail, return receipt requested, facsimile or telex, to each holder of a record (at the close of business on the business day preceding the date on which the Corporation Redemption Notice and on the date the Put Right is exercised as indicated in given) of shares of Series A Convertible Preferred Stock notifying such Redemption Notice, the Company shall redeem the number of Class A or Class B Preferred Units as set forth in such Redemption Notice, which amount may include fractional Units, and the redemption amount shall be equal to the liquidation value of such Preferred Units plus accrued and unpaid distributions in respect of such redeemed Preferred Units, if any, as of the date of the Redemption Notice (the “Redemption Amount”). The Company shall distribute the proceeds holder of the redemption to the Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in and specifying the Redemption NoticePrice, the Redemption Date, the consideration to be paid and the place said redemption shall be payable. In consideration for The Corporation Redemption Notice shall be addressed to each holder at his, her or its address as shown by the records of the Corporation. From and after the close of business on the Redemption Date, unless there shall have been a default in the payment of the Redemption Amount specified in this Section 4.5(c)Price, all rights of holders of shares of Series A Convertible Preferred Stock redeemed on such Redemption Date (except the Redeeming right to receive the applicable Redemption Price) shall cease with respect to such shares, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for redemption of shares of Series A Convertible Preferred Member shall transfer Stock on the Redemption Date are insufficient to redeem the Company the total number of its outstanding shares of Series A Convertible Preferred Units to be so redeemed, free and clear of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence the redemption of such Preferred Units. If less than all the outstanding Preferred Units held by the Redeeming Preferred Member are Stock to be redeemed, the selection holders of shares of Series A Convertible Preferred Units Stock to be redeemed shall share ratably in any funds legally available for redemption of such shares according to the respective amounts which would be payable with respect to the full number of shares owned by them if all such outstanding shares were redeemed in full. The shares of Series A Convertible Preferred Stock not redeemed shall be made pro-rata among remain outstanding and entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the outstanding Preferred Units held by the Redeeming Preferred Member. Upon Corporation are legally available for the redemption of any such shares of Series A Convertible Preferred UnitsStock, Schedule A attached hereto shall such funds will be amended used, at the end of the next succeeding fiscal quarter, to reflect redeem the remaining amountbalance of such shares, if any, of Preferred Units held by Trust I and Trust IIor such portion thereof for which fiends are then legally available on the basis set forth above.

Redemption Mechanics. After receipt Notwithstanding anything herein to the contrary, in connection with any redemption under this Certificate of Designations at a time a Holder is entitled to receive a cash payment under any of the other Transaction Documents, at the option of such Holder delivered in writing to the Corporation, the applicable Redemption Price hereunder shall be increased by the amount of such cash payment owed to such Holder under such other Transaction Document and, upon payment in full or conversion in accordance herewith, shall satisfy the Corporation’s payment obligation under such other Transaction Document. In the event of a Redemption Notice and on redemption of less than all of the date the Put Right is exercised as indicated in such Redemption NoticePreferred Shares, the Company Corporation shall redeem promptly cause to be issued and delivered to such Holder a new Preferred Share Certificate (in accordance with Section 17) representing the number of Class A Preferred Shares which have not been redeemed. In the event that the Corporation does not pay the applicable Redemption Price to a Holder within the time period required for any reason (including to the extent such payment is prohibited pursuant to the NRS), at any time thereafter and until the Corporation pays such unpaid Redemption Price in full, such Holder shall have the option, in lieu of redemption, to require the Corporation to promptly return to such Holder all or Class B any of the Preferred Units as set forth in Shares that were submitted for redemption and for which the applicable Redemption Price (together with any Late Charges thereon) has not been paid. Upon the Corporation’s receipt of such notice, (x) the applicable Redemption Notice, which amount may include fractional UnitsNotice shall be null and void with respect to such Preferred Shares, and (y) the redemption amount Corporation shall immediately return the applicable Preferred Share Certificate, or issue a new Preferred Share Certificate (in accordance with Section 17(d)), to such Holder, and in each case the Additional Amount of such Preferred Shares shall be increased by an amount equal to the liquidation value of such Preferred Units plus accrued difference between (1) the applicable Redemption Price (as the case may be, and unpaid distributions in respect of such redeemed Preferred Unitsas adjusted herein, if any, as applicable) minus (2) the Stated Value portion of the date of the Redemption Notice (the “Redemption Amount”). The Company shall distribute the proceeds of the redemption to the Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in the Redemption Notice. In consideration Conversion Amount submitted for the payment of the Redemption Amount specified in this Section 4.5(c), the Redeeming Preferred Member shall transfer to the Company the number of its Preferred Units to be so redeemed, free and clear of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence the redemption of such Preferred Units. If less than all the outstanding Preferred Units held by the Redeeming Preferred Member are to be redeemed, the selection of Preferred Units for redemption shall be made pro-rata among the outstanding Preferred Units held by the Redeeming Preferred Member. Upon the redemption of any Preferred Units, Schedule A attached hereto shall be amended to reflect the remaining amount, if any, of Preferred Units held by Trust I and Trust IIredemption.

Redemption Mechanics. After receipt of a Redemption Notice and on the date the Put Right is exercised as indicated in such Redemption Notice, the Company shall redeem the number of Class A or Class B Preferred Units as set forth in such Redemption Notice, which amount may include fractional Units, and the redemption amount shall be equal to the liquidation value of such Class A Preferred Units plus accrued and unpaid distributions in respect of such redeemed Class A Preferred Units, if any, as of the date of the Redemption Notice (the “Redemption Amount”). The Company shall distribute the proceeds of the redemption to the Class A Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in the Redemption Notice. In consideration for the payment of the Redemption Amount specified in this Section 4.5(c), the Redeeming Class A Preferred Member shall transfer to the Company the number of its Class A Preferred Units to be so redeemed, free and clear of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence the redemption of such Class A Preferred Units. If less than all the outstanding Class A Preferred Units held by the Redeeming Preferred Member are to be redeemed, the selection of Class A Preferred Units for redemption shall be made pro-rata among the outstanding Class A Preferred Units held by the Redeeming Preferred MemberUnits. Upon the any redemption of any Class A Preferred Units, Schedule A attached hereto shall be amended to reflect the remaining amount, if any, amount of Class A Preferred Units held by Trust I and Trust IIthe Trust, if any.

Redemption Mechanics. After Within thirty (30) days following its receipt of a Redemption Notice, the Corporation shall provide written notice to the holder that submitted the Redemption Notice notifying such holder of the Redemption Date and specifying the Preferred Redemption Price and the place where said Preferred Redemption Price shall be payable. The notice shall be addressed to such holder at its address as shown by the records of the Corporation. Upon receipt of the such notice, the holder of shares of Series A Preferred shall surrender the certificate or certificates representing the shares to be redeemed to the Corporation, duly assigned or endorsed for transfer (or accompanied by duly executed stock powers relating thereto), or shall deliver an affidavit of loss with respect to such certificates at the principal executive office of the Corporation or such other place as the Corporation may from time to time designate by notice to such holder, and on the date Redemption Date corresponding to such Redemption Notice each surrendered certificate shall be canceled and retired and the Put Right Corporation shall thereafter make payment of the Preferred Redemption Price; provided, however, that if the Corporation has insufficient funds legally available to redeem all shares required to be redeemed, such holder shall, in addition to receiving the payment of the portion of the aggregate Preferred Redemption Price that the Corporation is exercised as indicated not legally prohibited from paying to such holder, receive a new stock certificate for those shares of Series A Preferred subject to such Redemption Notice but not so redeemed. From and after the close of business on the Redemption Date corresponding to such Redemption Notice, unless there shall have been a default in the payment of the Preferred Redemption Price, all rights of such holders of shares of Series A Preferred (except the right to receive the Preferred Redemption Price) shall cease with respect to the shares actually redeemed on such Redemption Date, and such shares shall not thereafter be transferred on the books of the Corporation or be deemed to be outstanding for any purpose whatsoever. If the funds of the Corporation legally available for redemption of shares of Series A Preferred on such Redemption Date are insufficient to redeem the total number of shares of Series A Preferred subject to such Redemption Notice, the Company holders of such shares shall share ratably in any funds legally available for redemption according to the respective amounts which would be payable to them if the full number of shares to be redeemed on such Redemption Date were actually redeemed. The shares of Series A Preferred required to be redeemed but not so redeemed shall remain outstanding and the holder thereof shall be entitled to all rights and preferences provided herein. At any time thereafter when additional funds of the Corporation are legally available for the redemption of such shares of Series A Preferred, such funds will be used to redeem the number balance of Class A such shares, or Class B Preferred Units as such portion thereof for which funds are then legally available, on the basis set forth in such above. For purposes of this Section 8(d), all references to any Redemption Notice, which amount may include fractional Units, and the redemption amount Date shall be equal deemed to include both transactions on a Redemption Date and, in the liquidation value of such Preferred Units plus accrued and unpaid distributions in respect of such redeemed Preferred Unitscase where the Corporation exercises its deferral right pursuant to Section 8(c), if any, as of the date of the Redemption Notice (the “Redemption Amount”). The Company shall distribute the proceeds redemption of the redemption to the Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in the Redemption Notice. In consideration remaining unredeemed shares noticed for the payment of the Redemption Amount specified in this Section 4.5(c), the Redeeming Preferred Member shall transfer to the Company the number of its Preferred Units to be so redeemed, free and clear of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence the redemption of such Preferred Units. If less than all the outstanding Preferred Units held by the Redeeming Preferred Member are to be redeemed, the selection of Preferred Units for redemption shall be made pro-rata among the outstanding Preferred Units held by the Redeeming Preferred Member. Upon the redemption of any Preferred Units, Schedule A attached hereto shall be amended to reflect the remaining amount, if any, of Preferred Units held by Trust I and Trust IIredemption.

Redemption Mechanics. After If a Series A Preferred Holder has submitted a Change of Control Redemption Notice in accordance with Section 5.8(g)(ii), the Partnership shall deliver the applicable Change of Control Redemption Price to such Series A Preferred Holder in cash concurrently with the consummation of such Change of Control if such notice is received prior to the consummation of such Change of Control and within five (5) Business Days after the Partnership’s receipt of such notice otherwise. Notwithstanding anything herein to the contrary, in connection with any redemption hereunder at a Redemption Notice and on time a Series A Preferred Holder is entitled to receive a cash payment under any of the date other Series A Preferred Transaction Documents, at the Put Right is exercised as indicated option of such Series A Preferred Holder delivered in such Redemption Noticewriting to the Partnership, the Company applicable Redemption Price hereunder shall redeem be increased by the amount of such cash payment owed to such Series A Preferred Holder under such other Series A Preferred Transaction Document and, upon payment in full or conversion in accordance herewith, shall satisfy the Partnership’s payment obligation under such other Series A Preferred Transaction Document. In the event of a redemption of less than all of the Series A Preferred Units, the Partnership shall promptly cause to be issued and delivered to such Series A Preferred Holder a new Preferred Certificate (in accordance with Section 5.8(l)) representing the number of Class Series A or Class B Preferred Units as set forth which have not been redeemed. In the event that the Partnership does not pay the applicable Redemption Price to a Series A Preferred Holder within the time period required for any reason (including, without limitation, to the extent such payment is prohibited pursuant to the Delaware Act), at any time thereafter and until the Partnership pays such unpaid Redemption Price in full, such Series A Preferred Holder shall have the option, in lieu of redemption, to require the Partnership to promptly return to such Series A Preferred Holder all or any of the Series A Preferred Units that were submitted for redemption and for which the applicable Redemption NoticePrice has not been paid. Upon the Partnership’s receipt of such notice, which amount may include fractional (x) the applicable Redemption Notice shall be null and void with respect to such Series A Preferred Units, and (y) the redemption amount Partnership shall immediately return the applicable Series A Preferred Unit Certificate, or issue a new Series A Preferred Unit Certificate (in accordance with Section 5.8(l)(iv)), to such Series A Preferred Holder, and in each case the Additional Amount of such Series A Preferred Units shall be increased by an amount equal to the liquidation value of such Preferred Units plus accrued difference between (1) the applicable Redemption Price (as the case may be, and unpaid distributions in respect of such redeemed Preferred Unitsas adjusted pursuant to this Section 5.8(g)(iii), if any, as applicable) minus (2) the Stated Value portion of the date of the Redemption Notice (the “Redemption Amount”). The Company shall distribute the proceeds of the redemption to the Preferred Member exercising its Put Right (the “Redeeming Preferred Member”) no later than one Business Day following the date the Put Right is exercised as indicated in the Redemption Notice. In consideration Conversion Amount submitted for the payment of the Redemption Amount specified in this Section 4.5(c), the Redeeming Preferred Member shall transfer to the Company the number of its Preferred Units to be so redeemed, free and clear of all liens and encumbrances, and shall furnish to the Company all documentation reasonably required by the Company to effect and evidence the redemption of such Preferred Units. If less than all the outstanding Preferred Units held by the Redeeming Preferred Member are to be redeemed, the selection of Preferred Units for redemption shall be made pro-rata among the outstanding Preferred Units held by the Redeeming Preferred Member. Upon the redemption of any Preferred Units, Schedule A attached hereto shall be amended to reflect the remaining amount, if any, of Preferred Units held by Trust I and Trust IIredemption.