Common use of The Unit Component Clause in Contracts

The Unit Component. (a) Effective as of and subject to the occurrence of the Closing, each Contributor to whom the Units are to be distributed will subscribe for and agree to accept the issuance of the Units and to be bound by the terms and conditions of the AEGIS partnership agreement (the "Partnership Agreement"), a copy of which has been provided to such Contributor, including without limitation the power of attorney granted in the Partnership Agreement, and to execute and deliver at the closing such other documents or instruments as may be required to effect the admission of any such Contributor as a limited partner in and to AEGIS, including signature pages to the Partnership Agreement. The number of Units comprising the Unit Component shall equal the portion of the Purchase Price payable in Units divided by Thirteen ($13.00) Dollars. (b) If as of the last trading day prior to the first anniversary of the Closing (such date, the "Post-Closing Adjustment Date") the Average Price Per Share (defined below) is less than $13.00 (as adjusted for any stock splits, reverse stock splits or similar events), AEGIS shall issue to the Contributors receiving Units on the last business day prior to the First Anniversary additional Units as of such Post-Closing Adjustment Date equal to Units in the amount of the difference between (i) the quotient obtained by dividing (A) the portion of the Purchase Price payable in Units by (B) the Average Price Per Share as of the Post-Closing Adjustment Date and (ii) the number of Units issued to such Contributors on the Closing Date. AEGIS shall not issue fractional Units but in the event that there is a remainder of dollars after the Average Price Per Share of the Common Stock is divided into the amount of Units, the unit amount shall be adjusted upward to the next whole number of Units. AEGIS and the Contributors hereby agree that in no event shall the number of Units either increase or decrease if the Average Price Per Share of the Common Stock as of such date shall be greater than $13.00.