THE TOWN AND COUNTRY TRUST Sample Clauses

THE TOWN AND COUNTRY TRUST. By: ------------------------------ Name: Accepted as of the date hereof: Title: Name(s) of Representative(s) THE TC OPERATING LIMITED PARTNERSHIP By: By: The Town and Country Trust, ------------------------------- its General Partner Name: Title: By: ------------------------------- Name: Title: SCHEDULE I [Maximum Number Number of of Optional [Firm] Shares Shares Which UNDERWRITER to be Purchased May be Purchased] ----------- --------------- ----------------- [Names of Underwriters]........................... [Total.............................. ------------------- -------------------] SCHEDULE II TITLE OF DESIGNATED SHARES: Preferred Shares of Beneficial Interest, par value $.01 per share DATE OF BOARD RESOLUTION ESTABLISHING THE DESIGNATED SHARES: ---------------------, --------- NUMBER OF DESIGNATED SHARES: Number of Firm Shares: Maximum Number of Optional Shares: INITIAL OFFERING PRICE TO PUBLIC: [$__________ Per Share] PURCHASE PRICE BY UNDERWRITERS: [$__________ Per Share] [COMMISSION PAYABLE TO UNDERWRITERS: $________ per Share in [specify same form of funds as in Specified Funds below]] FORM OF DESIGNATED SHARES: Definitive form, to be made available for checking [and packaging] at least twenty-four hours prior to the Time of Delivery at the office of [The Depository Trust Company or its designated custodian] [the Representatives] [Book-entry only form represented by one or more global securities deposited with The Depository Trust Company ("DTC") or its designated custodian, to be made available for checking by the Representatives at least twenty-four hours prior to the Time of Delivery at the office of DTC.] SPECIFIED FUNDS FOR PAYMENT OF PURCHASE PRICE: Federal (same-day) funds. DIVIDEND RATE: [______% per annum] DIVIDEND PAYMENT DATES: [months and dates] DIVIDEND RIGHTS: [Non-]cumulative VOTING RIGHTS: LIQUIDATION RIGHTS: PREEMPTIVE AND CONVERSION RIGHTS: REDEMPTION PROVISIONS: [No provisions for redemption] [The Designated Shares may be redeemed, [otherwise than through a mandatory redemption,] in whole or in part at the option of the Trust, on or after _____________, _____ at the following redemption prices: REDEMPTION YEAR PRICE ---- ---------- and thereafter at $ ______ per share, together in each case with accrued dividends to the redemption date.] [On any dividend payment date falling on or after ______________,_____, at the election of the Trust, at a redemption price equal to the stated amount thereof, plus accrued dividends to the date...
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THE TOWN AND COUNTRY TRUST. By (SEAL) ------------------------- ---------------------------- Harvey Schulweis President XXXXXXX XX XXXXST: THE TC OPERATING LIMITED PARTNERSHIP By: The Town and Country Trust Managing General Partner By (SEAL) ------------------------- ----------------------- Harvey Schulweis Presxxxxx
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THE TOWN AND COUNTRY TRUST. By: /s/ Harvey Schulweis --------------------------------- Harvey Schulweis, President XXX XXXX XXD COUNTRY ORIOLE CORPORATION By: /s/ Harvey Schulweis --------------------------------- Harvey Schulweis, President XXX XXXX XXD COUNTRY HOLDING CORPORATION By: /s/ Harvey Schulweis --------------------------------- Harvey Schulweis, President XXX XXXX XXD COUNTRY HOLDING CORPORATION II By: /s/ Harvey Schulweis --------------------------------- Harvey Schulweis, President XXXXXXX XXXTNERS: THE BAL-PENN COMPANY By: The Estate of Alfred Lerner, its Gexxxxx Xxxxxxx By: /s/ Nancy F. Beck --------------------------------- Nancy F. Beck, Co-Executor /x/ Xxxxey Schulweis ------------------------------------ HARVEY SCHULWEIS LIST OF EXHIBITS AND SCHEDULES Exhibit A Certain Definitions Exhibit B Names and Addresses of the Partners Exhibit C Listing of the PC II Companies Exhibit D Maintenance of Capital Accounts Exhibit E Certain Allocations Exhibit F Tax Matters Partner Exhibit G Listing of the Original Companies Exhibit H Initial Capital Account Balances Exhibit I Units and Deemed Units Granted to Limited Partners Exhibit J Terms and Conditions of Units Exhibit K Terms and Conditions of Convertible Preferred Partnership Interests Schedule 1 Form of Exercise Notice Exhibit A Certain Definitions Capitalized terms used and not otherwise defined in the Agreement of Limited Partnership of The TC Operating Limited Partnership and the Exhibits thereto shall have the meanings set forth below:
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THE TOWN AND COUNTRY TRUST. By (SEAL) ------------------------- ---------------------------- Harvey Schulweis President
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THE TOWN AND COUNTRY TRUST. By (SEAL) ------------------------- ---------------------------- James Dolphin Senior Vice Presxxxxx
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THE TOWN AND COUNTRY TRUST. By (SEAL) ------------------------- ---------------------------- James Dolphin Senior Vice Presxxxxx XXXXXXS OR ATTEST: THE TC OPERATING LIMITED PARTNERSHIP By: The Town and Country Trust Managing General Partner By (SEAL) ------------------------- ----------------------- James Dolphin Senior Vice Xxxxxxxxx XITNESS OR ATTEST: THE TC PROPERTY COMPANY II By: The TC Operating Limited Partnership Managing General Partner By: The Town and Country Trust Managing General Partner By (SEAL) ------------------------- ----------------- James Dolphin Seniox Xxxx Xxxxxxent WITNESS: ALLFIRST BANK By (SEAL) ------------------------- ---------------------------- Name: Title: STATE OF ______________, __________ OF __________, TO WIT: I HEREBY CERTIFY, that on this ______ day of ______________, 2002, before me, the undersigned Notary Public of said State, personally appeared James Dolphin, who acknowledged himself to be a Senior Vice President xx Xxx Xxxx and Country Trust, a real estate investment trust organized and existing under the laws of the State of Maryland, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained as the duly authorized Senior Vice President of said real estate investment trust by signing the name of the real estate investment trust by himself as Senior Vice President. WITNESS my hand and Notarial Seal. ----------------------------- Notary Public My Commission Expires: STATE OF ______________, __________ OF __________, TO WIT: I HEREBY CERTIFY, that on this ______ day of ______________, 2002, before me, the undersigned Notary Public of said State, personally appeared James Dolphin, who acknowledged himself to be a Senior Vice President xx Xxx Xxxx and Country Trust, a real estate investment trust organized and existing under the laws of the State of Maryland, and general partner of The TC Operating Limited Partnership, a Maryland limited partnership, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained as the duly authorized Senior Vice President of said real estate investment trust by signing the name of the real estate investment trust by himself as Senior Vice President. WITNESS my hand and Notarial Seal. ----------------------------- Notary Public My Commission Expires: STATE OF __________...
Sample 1
THE TOWN AND COUNTRY TRUST. By: /s/ Xxxx X. Xxxxxx -------------------------------- Name: Xxxx X. Xxxxxx Title: Senior Vice President, Chief Financial Officer BANC OF AMERICA SECURITIES LLC By: /s/ Xxxxx Xxxxxx -------------------------------- Name: Xxxxx Xxxxxx Title: Managing Director
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THE TOWN AND COUNTRY TRUST a ------ Maryland real estate investment trust (the "REIT"), (b) THE TC OPERATING LIMITED ---- PARTNERSHIP, a Maryland limited partnership (the "Operating Partnership"), (c) --------------------- THE TOWN AND COUNTRY HOLDING CORPORATION, a Delaware corporation (the "REIT ---- Sub"), (d) THE TC PROPERTY COMPANY, a Maryland general partnership (the --- "Property Company") and (e) THE TOWN AND COUNTRY ORIOLE CORPORATION, a Delaware ---------------- corporation ("TC-Oriole") (the REIT, the Operating Partnership, the REIT Sub, --------- the Property Company, TC-Oriole and each of the Owners being collectively referred to as the "TC Parties" and individually referred to as a "TC Party") ---------- -------- and (ii) PRUDENTIAL MULTIFAMILY MORTGAGE, INC., a Delaware corporation, successor to WASHINGTON MORTGAGE FINANCIAL GROUP, LTD., a Delaware corporation (the "Lender"). ------ RECITALS --------
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THE TOWN AND COUNTRY TRUST. By: ------------------------------------- Name: Hxxxxx Xxxxxxxxx Title: Chief Executive Officer CXXXX & STEERS CAPITAL MANAGEMENT, INC. on behalf of itself and on behalf of the Purchasers specified on Schedule A By: ------------------------------------- Name: Title: SCHEDULE A Name of Client Number of Shares -------------- ---------------- Admiral Insurance Company 40,000 Associated Electric Gas Insurance Services 11,900 Cornell University 17,400 Cxxxx & Steers Equity Income Fund, Inc. 450,800 Kawase Hedge QIIO Daiwa Cxxxx & Steers US REIT Income Open 11,000 Fairfax County Uniformed Retirement System 2,300 Jewish Community Federation of Cleveland 1,800 Land America Title Insurance Corporation 5,500 North Shore-Long Island Jewish Health System Pension 3,100 North Shore-Long Island Jewish Health System Endowment 1,600 New York Blood Center 1,500 New York Community Trust 3,800 New York State Teachers' Retirement System 34,500 Cxxxx & Steers Advantage Income Realty Fund, Inc. 150,000 Cxxxx & Steers Quality Income Realty Fund, Inc. 50,000 Cxxxx & Steers REIT and Utility Income Fund, Inc. 600,000 Sheet Metal Workers Pension Plan of Northern California 1,100 University of Mass. Foundation Inc. 2,200 United Mine Workers of America 1974 Pension Trust 21,500
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  • Appointment of Distributor The Client hereby appoints the Distributor as its exclusive agent for the sale and distribution of Shares of the Funds, on the terms and conditions set forth in this Agreement, and the Distributor hereby accepts such exclusive appointment and agrees to perform the services and duties set forth in this Agreement.

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