Common use of Ownership Limit Clause in Contracts

Ownership Limit. Notwithstanding any other provision of this Fourth Supplemental Indenture or the Notes (a) no Holder of Notes (or beneficial owner of Notes) shall be entitled to exchange such Notes for shares of Common Stock to the extent that receipt of such shares would cause such Holder (or beneficial owner of Notes) (together with such Holder’s (or beneficial owner’s) affiliates) to exceed the applicable ownership limit contained in the articles of incorporation of Parent and (b) no Holder of Notes (or beneficial owner of Notes) shall have any right to receive cash or other consideration in lieu of shares of Common Stock upon exchange of the Notes to the extent such exchange would otherwise cause (if fully exchanged into shares of Common Stock) such Holder (together with such Holder’s Affiliates) to exceed such ownership limit; provided that any such Holder shall be entitled to receive on the same basis as other Holders cash paid upon redemption or a repurchase upon a Fundamental Change.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Prologis, L.P.), Fourth Supplemental Indenture (Amb Property Lp)

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Ownership Limit. Notwithstanding any other provision of this Fourth Annex D of the Twelfth Supplemental Indenture or the Notes (a) no Holder of Notes (or beneficial owner of Notes) shall be entitled to exchange such Notes for shares of Common Stock to the extent that receipt of such shares would cause such Holder (or beneficial owner of Notes) (together with such Holder’s (or beneficial owner’s) affiliates) to exceed the applicable ownership limit contained in the articles of incorporation of Parent and (b) no Holder of Notes (or beneficial owner of Notes) shall have any right to receive cash or other consideration in lieu of shares of Common Stock upon exchange of the Notes to the extent such exchange would otherwise cause (if fully exchanged into shares of Common Stock) such Holder (together with such Holder’s Affiliates) to exceed such ownership limit; provided that any such Holder shall be entitled to receive on the same basis as other Holders cash paid upon redemption or a repurchase upon a Fundamental Change.

Appears in 2 contracts

Samples: Twelfth Supplemental Indenture (Prologis), Supplemental Indenture (Amb Property Lp)

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Ownership Limit. Notwithstanding any other provision of this Fourth Tenth Supplemental Indenture or the Notes (a) no Holder of Notes (or beneficial owner of Notes) shall be entitled to exchange convert such Notes for shares of Common Stock Shares to the extent that receipt of such shares would cause such Holder (or beneficial owner of Notes) (together with such Holder’s (or beneficial owner’s) affiliates) to exceed the applicable ownership limit contained in the articles declaration of incorporation trust of Parent the Company and (b) no Holder of Notes (or beneficial owner of Notes) shall have any right to receive cash or other consideration in lieu of shares of Common Stock Shares upon exchange conversion of the Notes to the extent such exchange conversion would otherwise cause (if fully exchanged converted into shares of Common StockShares) such Holder (together with such Holder’s Affiliates) to exceed such ownership limit; provided that any such Holder shall be entitled to receive on the same basis as other Holders cash paid upon redemption or a repurchase upon a Fundamental Change.

Appears in 1 contract

Samples: Tenth Supplemental Indenture (Prologis)

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