Common use of Redemption Payment Clause in Contracts

Redemption Payment. Any shares of Series X Preferred Stock shall be deemed to have been redeemed and to be no longer outstanding capital stock of the Corporation, and all rights of the holders of such shares (except only the right to receive the redemption price thereof and (without duplication) dividends accrued and to accrue thereon to the date of the redemption thereof pursuant to this paragraph (d)) shall terminate, on the earlier of (A) the date on or after the date fixed for the redemption of such shares on which the Corporation shall have set aside money sufficient to pay the redemption price thereof and (B) the date of an irrevocable deposit with a Redemption Agent, in trust, of money in an amount which shall be sufficient to pay when due the redemption price of such shares and (without duplication) dividends accrued and to accrue thereon to (but excluding) the date fixed for the redemption thereof; provided, however, that in the case of the provision for redemption of less than all shares of Series X Preferred Stock then outstanding, such shares shall have been selected for redemption as provided herein and the notice of such redemption shall have been duly given or irrevocable authority shall have been given by the Corporation to such Redemption Agent to give such notice, under arrangements satisfactory to such Redemption Agent; and provided, further, that if such deposit shall have been made prior to the date fixed for the redemption of such shares, the Corporation shall have delivered to such Redemption Agent written instructions stating that the money so deposited with such Redemption Agent shall be held by such Redemption Agent, in trust, as hereinafter provided. The money deposited with a Redemption Agent pursuant to this subparagraph (4) of paragraph (d) shall not be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the redemption price of the shares of Series X Preferred Stock in respect of which such deposit was made and (without duplication) dividends accrued and to accrue thereon to the date fixed for the redemption thereof; provided, however, that any of such moneys so held by such Redemption Agent on the date fixed for the redemption of such shares in excess of the amount required to pay the redemption price thereof and (without duplication) dividends accrued and unpaid thereon to (but excluding) the date fixed for the redemption thereof shall be paid over to the Corporation free and clear of any trust, lien or pledge. Any money remaining set aside by the Corporation or on deposit with a Redemption Agent and unclaimed by the registered holders of shares so called for redemption at the end of a period of one year after the date fixed for redemption shall be paid over to the Corporation and/or returned to its general funds and thereafter such holders shall look only to the Corporation for the satisfaction of such rights, if any, as they may have to the payment of the redemption price of such shares and (without duplication) dividends accrued and unpaid to (but excluding) the date fixed for redemption.

Redemption Payment. Any shares Within thirty (30) days of Series X Preferred Stock the Committee's receipt of a Redemption Request, the Partnership will pay or cause to be paid to the Participant making the Redemption Request a Redemption Payment of the Incentive Compensation being redeemed in Units of the Partnership or in cash, as determined in the sole discretion of the Committee. A cash Redemption Payment shall be deemed to have been redeemed and to be no longer outstanding capital stock the product of (a) Incentive Compensation Value as of the Corporation, and all rights Determination Date multiplied by (b) the applicable percentage Grant of Incentive Compensation to the redeeming Participant (expressed in the Grant Agreement as a percentage of the holders of such shares Incentive Compensation Value) multiplied by (except only c) the right to receive the redemption price thereof and (without duplication) dividends accrued and to accrue thereon to the date portion expressed as a percentage of the redemption thereof pursuant Incentive Compensation being redeemed. Attached Exhibit A gives an example of the method of computation of a cash Redemption Payment. A Participant may request in his Redemption Request that such payment be made partially in cash and Units of the Partnership according to this paragraph (d)) shall terminate, on percentages requested by the earlier of (A) the date on or after the date fixed for the redemption of such shares on which the Corporation Participant. The Committee shall have set aside money sufficient to pay final discretion in determining the redemption price thereof method and (B) the date of an irrevocable deposit with a Redemption Agent, in trust, of money in an amount which shall be sufficient to pay when due the redemption price of such shares and (without duplication) dividends accrued and to accrue thereon to (but excluding) the date fixed for the redemption thereof; provided, however, that in the case form of the provision for redemption of less than all shares of Series X Preferred Stock then outstanding, such shares shall have been selected for redemption as provided herein and the notice of such redemption shall have been duly given or irrevocable authority shall have been given by the Corporation to such Redemption Agent to give such notice, under arrangements satisfactory to such Redemption Agent; and provided, further, that if such deposit shall have been made prior to the date fixed for the redemption of such shares, the Corporation shall have delivered to such Redemption Agent written instructions stating that the money so deposited with such Redemption Agent shall be held by such Redemption Agent, in trust, as hereinafter providedPayment. The money deposited with a Redemption Agent pursuant to this subparagraph (4) number of paragraph (d) shall not be withdrawn or used for any purpose other than, and shall be held in trust for, the payment Units of the redemption price of the shares of Series X Preferred Stock in respect of which such deposit was made and (without duplication) dividends accrued and to accrue thereon to the date fixed for the redemption thereof; provided, however, that any of such moneys so held by such Redemption Agent on the date fixed for the redemption of such shares in excess of the amount required to pay the redemption price thereof and (without duplication) dividends accrued and unpaid thereon to (but excluding) the date fixed for the redemption thereof shall be paid over to the Corporation free and clear of any trust, lien or pledge. Any money remaining set aside by the Corporation or on deposit with a Redemption Agent and unclaimed by the registered holders of shares so called for redemption at the end of a period of one year after the date fixed for redemption shall be paid over to the Corporation and/or returned to its general funds and thereafter such holders shall look only to the Corporation for the satisfaction of such rightsPartnership paid, if any, pursuant to a Redemption Request shall be determined using the value of a cash Redemption Payment for the Redemption Request and the closing price of a Unit as they may have to reported on the payment New York Stock Exchange on the day before Units of the redemption price Partnership are transferred to a Participant. The Partnership will file, as and when appropriate, and maintain the effectiveness of its Registration Statement on Form S-8 (or other appropriate form under the Securities Act of 1933) so that all Units which are issued to Participants pursuant to this Plan are issued pursuant to such shares effective Registration Statement; and the Partnership will, promptly upon receipt of written request from a Participant, file and maintain for a reasonable period of time the effectiveness of any post-effective amendment(s) to such Registration Statement (without duplicationin the form of a re-offer prospectus or otherwise) dividends accrued as may be necessary for such Participant to sell such Units received pursuant to this Plan in market transactions effected on the principal securities exchange on which the Units are then listed. Unless this Plan is amended by the Board, the Committee may not cause the Partnership to issue more than 200,000 Units in the aggregate in satisfaction of any and unpaid all Redemption Requests. Units will not be issued to a Participant hereunder unless and until such Units have been listed for trading on the principal securities exchange on which the Partnership's Units are then listed. If the Partnership is unable to effect such listing with respect to Units which the Committee has determined will be issued in satisfaction of a Redemption Request, then the Redemption Payment shall be made to such Participant in cash (but excluding) the date fixed for redemptionor a combination of cash and Units that have been duly listed).

Redemption Payment. Any shares of Series X For each Preferred Stock Share which is to be redeemed, the Corporation shall be deemed obligated to have been redeemed pay the Redemption Price to the holder thereof on the Redemption Date or such later date upon which occurs the surrender by such holder at the Corporation's principal office of the certificate representing such Preferred Share. Subject to the provisions of paragraph 4C of the Series A Certificate and paragraph 4C of the Series B Certificate, if the funds of the Corporation legally available for payment of the cash portion of the Redemption Price of Preferred Shares on any Redemption Date are insufficient to pay the cash portion of the Redemption Price for the total number of Preferred Shares to be no longer outstanding capital stock redeemed on such date, those funds which are legally available shall be used to redeem the maximum possible number of the Corporation, and all rights of such Preferred Shares ratably among the holders of such shares (except only the right Preferred Shares to receive be redeemed based upon the redemption price thereof and (without duplication) dividends accrued and to accrue thereon to the date aggregate Redemption Price of the Preferred Shares held by each such holder and the remaining Preferred Shares called for redemption thereof pursuant to this paragraph (d)) shall terminate, on will remain outstanding; and at any time thereafter when additional funds of the earlier of (A) the date on or after the date fixed Corporation are legally available for the redemption of Preferred Shares, such shares on funds shall immediately be used to redeem the balance of the Preferred Shares which the Corporation shall have set aside money sufficient has become obligated to pay the redemption price thereof and (B) the date of an irrevocable deposit with a redeem on any Redemption Agent, in trust, of money in an amount Date but which shall be sufficient to pay when due the redemption price of such shares and (without duplication) dividends accrued and to accrue thereon to (but excluding) the date fixed for the redemption thereof; provided, however, that in the case it has not redeemed. Payment of the provision for redemption of less than all shares of Series X Preferred Stock then outstanding, such shares shall have been selected for redemption as provided herein and the notice of such redemption shall have been duly given or irrevocable authority shall have been given by the Corporation to such Redemption Agent to give such notice, under arrangements satisfactory to such Redemption Agent; and provided, further, that if such deposit shall have been made prior to the date fixed for the redemption of such shares, the Corporation shall have delivered to such Redemption Agent written instructions stating that the money so deposited with such Redemption Agent shall be held by such Redemption Agent, in trust, as hereinafter provided. The money deposited with a Redemption Agent pursuant to this subparagraph (4) of paragraph (d) shall not be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the redemption price of the shares of Series X Preferred Stock Price in respect of which such deposit was made and (without duplication) Preferred Shares shall extinguish all rights to dividends accrued and to accrue thereon to the date fixed for the redemption thereof; provided, however, that any of such moneys so held by such Redemption Agent on the date fixed for the redemption of such shares in excess of the amount required to pay the redemption price thereof and (without duplication) dividends are accrued and unpaid thereon to (but excluding) as of the date fixed for the redemption thereof shall be paid over Redemption Date with respect to the Corporation free and clear of any trust, lien or pledge. Any money remaining set aside by the Corporation or Preferred Shares which are redeemed on deposit with a such Redemption Agent and unclaimed by the registered holders of shares so called for redemption at the end of a period of one year after the date fixed for redemption shall be paid over to the Corporation and/or returned to its general funds and thereafter such holders shall look only to the Corporation for the satisfaction of such rights, if any, as they may have to the payment of the redemption price of such shares and (without duplication) dividends accrued and unpaid to (but excluding) the date fixed for redemptionDate.

Redemption Payment. Any shares For each Series A Preferred Share that is to be redeemed, the Corporation shall be obligated on the Scheduled Redemption Date, the Final Redemption Date, the Optional Redemption Date or the Additional Redemption Date, as the case may be (each a "Redemption Date"), to pay to the holder thereof (upon surrender by such holder at the Corporation's principal office of the certificate representing such Series A Preferred Share) an amount in immediately available funds equal to the Series A Liquidation Value of such Series A Preferred Share. If the funds of the Corporation legally available for redemption of Series X A Preferred Stock on any Redemption Date are insufficient to redeem the total number of Series A Preferred Shares to be redeemed on such date, those funds which are legally available shall be deemed used first, to have been redeemed pay any and all accumulated and unpaid dividends on the Series A Preferred Shares to be no longer outstanding capital stock of the Corporationredeemed, and all rights of thereafter, to redeem the Series A Preferred to be redeemed on such Redemption Date, paid to the holders of such shares (except only the right to receive the redemption price thereof and (without duplication) dividends accrued and to accrue thereon Series A Preferred ratably in proportion to the date number of Series A Preferred Shares held by each such holder on such Redemption Date. At any time thereafter when additional funds of the redemption thereof pursuant to this paragraph (d)) shall terminate, on the earlier of (A) the date on or after the date fixed Corporation are legally available for the redemption of Series A Preferred Shares, such shares on funds shall immediately be used to redeem the balance of the Series A Preferred Shares which the Corporation shall have set aside money sufficient had become obligated to pay redeem but had not redeemed, paid to the redemption price thereof and (B) the date of an irrevocable deposit with a Redemption Agent, in trust, of money in an amount which shall be sufficient to pay when due the redemption price of such shares and (without duplication) dividends accrued and to accrue thereon to (but excluding) the date fixed for the redemption thereof; provided, however, that in the case holders of the provision for redemption of less than all shares Series A Preferred ratably in proportion to the number of Series X A Preferred Stock then outstanding, such shares shall have been selected for redemption as provided herein and the notice of such redemption shall have been duly given or irrevocable authority shall have been given by the Corporation to such Redemption Agent to give such notice, under arrangements satisfactory to such Redemption Agent; and provided, further, that if such deposit shall have been made prior to the date fixed for the redemption of such shares, the Corporation shall have delivered to such Redemption Agent written instructions stating that the money so deposited with such Redemption Agent shall be Shares held by each such Redemption Agent, in trust, as hereinafter provided. The money deposited with a Redemption Agent pursuant to this subparagraph (4) of paragraph (d) shall not be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the redemption price of the shares of Series X Preferred Stock in respect of which such deposit was made and (without duplication) dividends accrued and to accrue thereon to the date fixed for the redemption thereof; provided, however, that any of such moneys so held by such Redemption Agent holder on the date fixed for such funds become legally available. In case fewer than the redemption total number of Series A Preferred Shares represented by any certificate are redeemed, a new certificate representing the number of unredeemed Series A Preferred Shares shall be issued to the holder thereof without cost to such shares in excess holder within three business days after surrender of the amount required to pay certificate representing the redemption price thereof and (without duplication) dividends accrued and unpaid thereon to (but excluding) the date fixed for the redemption thereof shall be paid over to the Corporation free and clear of any trust, lien or pledge. Any money remaining set aside by the Corporation or on deposit with a Redemption Agent and unclaimed by the registered holders of shares so called for redemption at the end of a period of one year after the date fixed for redemption shall be paid over to the Corporation and/or returned to its general funds and thereafter such holders shall look only to the Corporation for the satisfaction of such rights, if any, as they may have to the payment of the redemption price of such shares and (without duplication) dividends accrued and unpaid to (but excluding) the date fixed for redemptionredeemed Series A Preferred Shares.

Redemption Payment. Any shares For each Series A Preferred Share that is to be ------------------ redeemed, the Corporation shall be obligated on the Scheduled Redemption Date, the Final Redemption Date, the Optional Redemption Date or the Additional Redemption Date, as the case may be (each a "Redemption Date"), to pay to the holder thereof (upon surrender by such holder at the Corporation's principal office of the certificate representing such Series A Preferred Share) an amount in immediately available funds equal to the Series A Liquidation Value of such Series A Preferred Share. If the funds of the Corporation legally available for redemption of Series X A Preferred Stock on any Redemption Date are insufficient to redeem the total number of Series A Preferred Shares to be redeemed on such date, those funds which are legally available shall be deemed used first, to have been redeemed pay any and all accumulated and unpaid dividends on the Series A Preferred Shares to be no longer outstanding capital stock of the Corporationredeemed, and all rights of thereafter, to redeem the Series A Preferred to be redeemed on such Redemption Date, paid to the holders of such shares (except only the right to receive the redemption price thereof and (without duplication) dividends accrued and to accrue thereon Series A Preferred ratably in proportion to the date number of Series A Preferred Shares held by each such holder on such Redemption Date. At any time thereafter when additional funds of the redemption thereof pursuant to this paragraph (d)) shall terminate, on the earlier of (A) the date on or after the date fixed Corporation are legally available for the redemption of Series A Preferred Shares, such shares on funds shall immediately be used to redeem the balance of the Series A Preferred Shares which the Corporation shall have set aside money sufficient had become obligated to pay redeem but had not redeemed, paid to the redemption price thereof and (B) the date of an irrevocable deposit with a Redemption Agent, in trust, of money in an amount which shall be sufficient to pay when due the redemption price of such shares and (without duplication) dividends accrued and to accrue thereon to (but excluding) the date fixed for the redemption thereof; provided, however, that in the case holders of the provision for redemption of less than all shares Series A Preferred ratably in proportion to the number of Series X A Preferred Stock then outstanding, such shares shall have been selected for redemption as provided herein and the notice of such redemption shall have been duly given or irrevocable authority shall have been given by the Corporation to such Redemption Agent to give such notice, under arrangements satisfactory to such Redemption Agent; and provided, further, that if such deposit shall have been made prior to the date fixed for the redemption of such shares, the Corporation shall have delivered to such Redemption Agent written instructions stating that the money so deposited with such Redemption Agent shall be Shares held by each such Redemption Agent, in trust, as hereinafter provided. The money deposited with a Redemption Agent pursuant to this subparagraph (4) of paragraph (d) shall not be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the redemption price of the shares of Series X Preferred Stock in respect of which such deposit was made and (without duplication) dividends accrued and to accrue thereon to the date fixed for the redemption thereof; provided, however, that any of such moneys so held by such Redemption Agent holder on the date fixed for such funds become legally available. In case fewer than the redemption total number of Series A Preferred Shares represented by any certificate are redeemed, a new certificate representing the number of unredeemed Series A Preferred Shares shall be issued to the holder thereof without cost to such shares in excess holder within three business days after surrender of the amount required to pay certificate representing the redemption price thereof and (without duplication) dividends accrued and unpaid thereon to (but excluding) the date fixed for the redemption thereof shall be paid over to the Corporation free and clear of any trust, lien or pledge. Any money remaining set aside by the Corporation or on deposit with a Redemption Agent and unclaimed by the registered holders of shares so called for redemption at the end of a period of one year after the date fixed for redemption shall be paid over to the Corporation and/or returned to its general funds and thereafter such holders shall look only to the Corporation for the satisfaction of such rights, if any, as they may have to the payment of the redemption price of such shares and (without duplication) dividends accrued and unpaid to (but excluding) the date fixed for redemptionredeemed Series A Preferred Shares.