Tendering Party definition
Examples of Tendering Party in a sentence
A Tendering Party shall be deemed to have offered to sell the Tendered Units described in the Notice of Redemption to the General Partner and to the REIT Limited Partner and either the General Partner or the REIT Limited Partner (or both) may, in its sole and absolute discretion, elect to purchase directly and acquire such Tendered Units by paying to the Tendering Party either the Cash Amount or the REIT Shares Amount.
The REIT Limited Partner, in its sole and absolute discretion, may waive any restriction on redemption set forth in this Section 8.5(e), provided that the Tendering Party has submitted such information, certification or statement as the REIT Limited Partner may reasonably require in connection with the application of the restrictions described in this Section 8.5(e).
Notwithstanding the foregoing, the General Partner shall redeem Tendered Units held by Brookfield, the Adviser, and their Affiliates regardless of its determination with respect to Tendered Units held by any other Tendering Party.
The General Partner, in its sole discretion, may waive any representation or certification required by the Notice of Redemption or any other document or documents provided by the Tendering Party pursuant to this Section 8.5(c).
No Tendering Party whose Tendered Units are acquired by the General Partner and/or the REIT Limited Partner shall have any right to cause or require the General Partner and/or the REIT Limited Partner to register or qualify such REIT Shares with any federal or state securities agency under the Securities Act or to list such REIT Shares on any stock exchange.