Examples of Company Operating Partnership Agreement in a sentence
The Company Operating Partnership is in compliance with the terms of the Company Operating Partnership Agreement in all material respects.
The Company has delivered to or made available to Parent and Merger Sub, prior to the execution of this Agreement, true and complete copies of any amendments or supplements to the Company Governing Documents and the Company Operating Partnership Agreement not filed as of the date hereof with the SEC.
The only fees payable by the Company and its Subsidiaries to the Company Advisor and the Company Sub-Advisor are set forth in the Advisory Agreement, the Sub-Advisory Agreement, the Company Operating Partnership Agreement and the other Company Related Party Agreements.
Section 3.25 of the Company Disclosure Letter contains an accurate illustration, subject to the assumptions set forth therein, of the methodology applicable to the calculation of the Merger Termination Amount (as defined in the Partnership Agreement) pursuant to Section 5.1(g) of the Company Operating Partnership Agreement.
The Company has delivered to or made available to Parent, Merger Sub and Partnership Merger Sub, prior to the execution of this Agreement, true and complete copies of any amendments to the Company Governing Documents and the Company Operating Partnership Agreement not filed as of the date hereof with the SEC.
At the effective time of the OP Merger in accordance with the OP Merger Agreement, and in satisfaction of Section 11.3(a) of the Company Operating Partnership Agreement, each Scheduled Limited Partner shall be entitled to receive for each Company OP Unit held by such Scheduled Limited Partner as of the Effective Time an amount equal to the Merger Consideration.
There are no Convertible Securities of any Acquired Company other than the OP Units, the GP Units and the Special Limited Partner Interest of the Company Operating Partnership (each as defined or contemplated, as applicable, in the Company Operating Partnership Agreement).
The Company has delivered to or made available to DLR and DLR OP, prior to the execution of this Agreement, true and complete copies of any amendments to the Company Governing Documents and the Company Operating Partnership Agreement not filed as of the date hereof with the SEC.
Buyer agrees that at the Effective Time, it shall execute the Amendment and Restatement of the Company Operating Partnership Agreement as the General Partner succeeding to the rights, interests and obligations of the Company.
Except as set forth in Section 3.2 of the Company Disclosure Schedule (i) the Company is not in violation of any of the provisions of the Company Charter or the Company By-laws and (ii) Prime Retail, L.P. (the “Company Operating Partnership”) is not in violation of the Company Operating Partnership Agreement.