Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Partnership Agreement. The following defined terms used in this Amendment to the Partnership Agreement shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary of the General Partner filed with the State Department of Assessments and Taxation of the State of Maryland on October 11, 2016, designating the terms, rights and preferences of the Series D
...Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Distribution Period" hall have the meaning provided in Section 5(a). "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Junior Units" shall have the meaning provided in Section 4. "Liquidating Gains" shall have the meaning provided in Section 10(g). "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 of the Partnership Agreement. "Profit" shall have the meaning provided in Section 10(h). "Redemption Date" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" shall have the meaning provided in Section 7(b)(i). "Series D Preferred Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D Preferred Stock" shall have the meaning provided in the recital above. "Series D Preferred Units" shall have the meaning provided in Section 1. "Share Cap" shall have the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i).
View More
Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Partnership
Agreement. Agreement, including any amendments thereto. The following defined terms used in this Amendment to the Partnership Agreement shall have the meanings specified below: "Articles
Supplementary" of Amendment" means the Articles
Supplementary of Amendment and Restatement of the General Partner filed with the State Department of Assessments and Taxation of the State of Mary
...land on October 11, 2016, April 24, 2014, designating the terms, rights and preferences of the Series D B Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" shall have the meaning provided in the Articles Supplementary. 6(a). "Common Stock" means shares one share of common stock of beneficial interest of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Distribution Period" hall have the meaning provided in Section 5(a). Partner. "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Junior Units" shall have the meaning provided in Section 4. "Liquidating Gains" shall have the meaning provided in Section 10(g). "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership" shall mean Wheeler REIT, L.P., a Virginia Partnership. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 7.1 of the Partnership Agreement. "Profit" shall have the meaning provided in Section 10(h). "Redemption Date" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" 7(a). "Senior Units" shall have the meaning provided in Section 7(b)(i). 4. "Series D B Preferred Return" shall have the meaning provided in Section 5(a). "Series B Preferred" shall have the meaning provided in the recital above. "Series B Preferred Unit Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D Preferred Stock" shall have the meaning provided in the recital above. "Series D A Preferred Units" shall have mean the meaning provided in Section 1. "Share Cap" shall have Preferred Units designated by the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i). Partnership on April 10, 2015, as effective as of June 10, 2013.
View More
Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Partnership Agreement. The following defined terms used in this Amendment to the Partnership Agreement shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary of the General Partner filed with the State Department of Assessments and Taxation of the State of
Maryland on October 11, 2016, Maryland, designating the terms, rights and preferences of the
... Series D B Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" "Calculation Agent" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Stock Price" shall have the meaning provided in the Articles Supplementary. "Common Stock Conversion Consideration" shall have the meaning provided in the Articles Supplementary. "Common Units" shall have the meaning provided in the Partnership Agreement. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Distribution Period" hall have the meaning provided in Section 5(a). "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Junior Units" shall have the meaning provided in Section 4. "Liquidating Gains" shall have the meaning provided in Section 10(g). "London Business Day" shall have the meaning provided in the Articles Supplementary. "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). "Original Issue Date" shall have the meaning provided in the Articles Supplementary. "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 of the Partnership Agreement. "Profit" shall have the meaning provided in Section 10(h). "Redemption Date" "Reuters Page LIBOR 01" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" shall have the meaning provided in Section 7(b)(i). Articles Supplementary. "Series D B Preferred Distribution Determination Date" means the London Business Day immediately preceding the first date of the applicable Series B Preferred Distribution Period. "Series B Preferred Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D B Preferred Distribution Period" means the period from, and including, a Series B Preferred Distribution Payment Date to, but excluding, the next succeeding Series B Preferred Distribution Payment Date, except for the initial Series B Preferred Distribution Period, which will be the period from, and including, the Original Issue Date of the Series B Preferred Units to, but excluding, April 15, 2019. "Series B Preferred Distribution Record Date" shall have the meaning provided in Section 5(a). "Series B Preferred Return" shall have the meaning provided in Section 5(a). "Series D B Preferred Stock" shall have the meaning provided in the recital above. "Series D B Preferred Units" shall have the meaning provided in Section 1. "Share Cap" "Set apart for payment" shall have be deemed to include (without limitation), without any action other than the meaning provided following: the recording by the Partnership in its accounting ledgers of any accounting or bookkeeping entry which indicates, pursuant to an authorization by the Articles Supplementary. General Partner and a declaration of distribution by the Partnership, the allocation of funds to be so paid on any series or class of units of the Partnership; provided, however, that if any funds for any Junior Units or Parity Preferred Units are placed in a separate account of the Partnership or delivered to a disbursing, paying or other similar agent, then "set apart for payment" with respect to the Series B Preferred Units shall mean placing such funds in a separate account or delivering such funds to a disbursing, paying or other similar agent. 2 "Special Redemption Price" "Three-Month LIBOR Rate" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i). 5(b).
View More
Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the
Agreement of Limited Partnership
Agreement. of Medalist Diversified Holdings, L.P. (as now or hereafter amended, restated, modified, supplemented or replaced, the "Partnership Agreement"). The following defined terms used
in this Amendment to the Partnership Agreement herein shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary of the General Par
...tner filed with the State Department of Assessments and Taxation of the State of Maryland on October 11, 2016, February 13, 2020, designating the terms, rights and preferences of the Series D A Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" 6(a). "Common Stock" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Distribution Period" hall have the meaning provided in Section 5(a). Charter. "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Junior Preferred Units" shall have the meaning provided in Section 4. "Liquidating Gains" Distributions" shall have the meaning provided in Section 10(g). "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). 6(a). "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests Units designated as preferred units by the General Partner from time to time in accordance with Section 4.02 of the Partnership Agreement. "Profit" "Senior Preferred Units" shall have the meaning provided in Section 10(h). "Redemption Date" 4. 1 "Series A Preferred Return" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" 5(a). "Series A Preferred Stock" shall have the meaning provided in Section 7(b)(i). the Charter. "Series D A Preferred Unit Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D Preferred Stock" shall have the meaning provided in the recital above. "Series D A Preferred Units" shall have the meaning provided in Section 1. "Share Cap" shall have the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i).
View More
Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the
Partnership Operating Agreement. The following defined terms used in this Amendment
No. 1 to the
Partnership Operating Agreement shall have the meanings specified below:
"Aggregate Unit Distribution" shall have the meaning provided in Section 5(a)(ii). "Amendment Date" shall have the meaning provided in Section 5(a)(i). "Articles Supplementary" means the Articles Supplementary of
the Genera...l Partner Jernigan Capital, Inc., filed with the State Department of Assessments and Taxation of the State of Maryland SDAT on October 11, July 27, 2016, designating the terms, rights and preferences of the Series D A Preferred Stock. "Base Liquidation Preference" "Cash Distribution" shall have the meaning provided in Section 6. "Business Day" 5(a)(i). "Cash Premium" shall have the meaning provided in Section 5(a). 5(a)(i). "Change of Control/Delisting" Control Event" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Control Redemption Date" shall have the meaning provided in Section 7(b). "Change of Control Redemption Notice" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Control Redemption Price" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). the recitals. "Distribution Period" hall have the meaning provided in Section 5(a). "Distribution Record Payment Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" 5(e). "Exchange Act" means the Securities Exchange Act of 1934, as amended. "Incremental Equity Book Value" shall have the meaning provided in Section 10(g). "Junior Units" the Articles Supplementary. "Incremental Net Asset Value" shall have the meaning provided in Section 4. "Liquidating Gains" shall have the meaning provided in Section 10(g). "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). "Parity Articles Supplementary. "Junior Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" "Liquidation" shall have the meaning provided in Section 6(a). "Liquidation Value" shall have the meaning provided in Section 6(a). "Managing Member" means Jernigan Capital, Inc., a Maryland corporation. "Optional Redemption Date" shall have the meaning provided in Section 8(a). "Optional Redemption Price" shall have the meaning provided in the Articles Supplementary. "Optional Redemption Right" shall have the meaning provided in Section 8(a). "Per Unit Distribution" shall have the meaning provided in Section 5(c). "Person" means an individual or entity including any limited liability company, a partnership, a joint venture, a corporation, a trust, an unincorporated organization and a government or any department or agency thereof. "SDAT" means the State Department of and Taxation of the State of Maryland. 2 "Senior Preferred Units" shall have the meaning provided in Section 4. "Series A Preferred Stock" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 of the Partnership Agreement. "Profit" shall have the meaning provided in Section 10(h). "Redemption Date" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" shall have the meaning provided in Section 7(b)(i). "Series D A Preferred Unit Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D Preferred Stock" shall have the meaning provided in the recital above. "Series D A Preferred Units" shall have the meaning provided in Section 1. "Share Cap" "Triggering Event" shall have the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i).
View More
Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Partnership
Agreement. Agreement, including any amendments thereto. The following defined terms used in this Amendment to the Partnership Agreement shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary of the General Partner filed with the State Department of Assessments and Taxation of the State of Maryland on
October 11, 2016, September 16, 201...6 designating the terms, rights and preferences of the Series D Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" 7. "Common Stock" means the common stock, $0.01 par value per share, of the General Partner. "Default Rate" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). 5(e). "Distribution Period" hall shall have the meaning provided in Section 5(a). "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" "Initial Rate" shall have the meaning provided in Section 10(g). 5(a). "Junior Units" shall have the meaning provided in Section 4. "Liquidating Gains" shall have the meaning provided in Section 10(g). "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership" shall mean Wheeler REIT, L.P., a Virginia limited partnership. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 7.1 of the Partnership Agreement. "Profit" "Redemption and Paying Agent" shall have the meaning provided in Section 10(h). "Redemption Date" 5(e). "Senior Units" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" shall have the meaning provided in Section 7(b)(i). "Series D Preferred Distribution Payment Date" shall have the meaning provided in Section 5(a). 4. "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D Preferred Stock" shall have the meaning provided in the recital above. "Series D Preferred Unit Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Units" shall have the meaning provided in Section 1. "Share Cap" shall have the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i).
View More
Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Partnership Agreement. The following defined terms used in this
Twelfth Amendment to the Partnership Agreement shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary
dated June 22, 2016 to the Articles of
the General Partner filed with the State Department Amendment and Restatement of
Assessments and Taxation Declaration of
the State Trust of
Mary...land on October 11, 2016, AH4R designating the terms, rights and preferences of the Series D E Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. Shares. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Control" shall have the meaning provided in the Articles Supplementary. "Change of Control Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Control Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Distribution Period" hall have the meaning provided in Section 5(a). "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Initial Liquidation Preference" means $25.00 per Series E Preferred Unit. "Junior Preferred Units" shall have the meaning provided in Section 4. "Liquidating Gains" "Liquidation Preference" shall have the meaning provided in Section 10(g). "Loss" 6(a). "NYSE" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). Articles Supplementary. "Original Issue Date" means June 29, 2016, the first date of issue of any Series E Preferred Units. "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" "Preferred Return" shall have the meaning provided in Section 5(a). "Preferred Unit Distribution Payment Date" shall have the recital above. meaning provided in Section 5(a). "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 4.2 of the Partnership Agreement. "Profit" shall have the meaning provided in Section 10(h). "Redemption Date" shall have the meaning provided in Section 7(b)(iii). 7(b)(i). "Regular Redemption Right" shall have the meaning provided in Section 7(b)(i). "Series D Preferred Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D Preferred Stock" shall have the meaning provided in the recital above. "Series D "Senior Preferred Units" shall have the meaning provided in Section 1. 4. "Share Cap" shall have the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i).
View More
Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Partnership Agreement. The following defined terms used in this
Eleventh Amendment to the Partnership Agreement shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary
dated May 24, 2016 to the Articles of
the General Partner filed with the State Department Amendment and Restatement of
Assessments and Taxation Declaration of
the State Trust of
Mary...land on October 11, 2016, AH4R designating the terms, rights and preferences of the Series D Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. Shares. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Control" shall have the meaning provided in the Articles Supplementary. "Change of Control Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Control Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Distribution Period" hall have the meaning provided in Section 5(a). "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Initial Liquidation Preference" means $25.00 per Series D Preferred Unit. "Junior Preferred Units" shall have the meaning provided in Section 4. "Liquidating Gains" "Liquidation Preference" shall have the meaning provided in Section 10(g). "Loss" 6(a). 1 "NYSE" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). Articles Supplementary. "Original Issue Date" means May 24, 2016, the first date of issue of any Series D Preferred Units. "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" "Preferred Return" shall have the meaning provided in Section 5(a). "Preferred Unit Distribution Payment Date" shall have the recital above. meaning provided in Section 5(a). "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 4.2 of the Partnership Agreement. "Profit" shall have the meaning provided in Section 10(h). "Redemption Date" shall have the meaning provided in Section 7(b)(iii). 7(b)(i). "Regular Redemption Right" shall have the meaning provided in Section 7(b)(i). "Series D Preferred Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D Preferred Stock" shall have the meaning provided in the recital above. "Series D "Senior Preferred Units" shall have the meaning provided in Section 1. 4. "Share Cap" shall have the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i).
View More
Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Partnership Agreement. The following defined terms used in this Amendment to the Partnership Agreement shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary of the General Partner filed with the State Department of Assessments and Taxation of the State of Maryland on
October 11, February 26, 2016, designating the terms, rights and preferences of
...the Series D B Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Default Period" shall have the meaning provided in Section 5(e). "Default Rate" shall have the meaning provided in Section 5(e). "Distribution Period" hall have the meaning provided in Section 5(a). "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Junior Units" shall have the meaning provided in Section 4. "Liquidating Gains" shall have the meaning provided in Section 10(g). "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 of the Partnership Agreement. "Profit" shall have the meaning provided in Section 10(h). "Redemption Date" "Series B Preferred Return" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" shall have the meaning provided in Section 7(b)(i). 5(a). "Series D B Preferred Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D B Preferred Stock" shall have the meaning provided in the recital above. "Series D B Preferred Units" shall have the meaning provided in Section 1. "Share Cap" "Stated Value" shall have mean $1,000, subject to appropriate adjustment in relation to any recapitalizations, distributions, unit splits, unit combinations, reclassifications or other similar events which affect the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i). Series B Preferred Units.
View More
Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Partnership Agreement. The following defined terms used in this Amendment to the Partnership Agreement shall have the meanings specified below: "Articles Supplementary" means the Articles Supplementary of the General Partner filed with the State Department of Assessments and Taxation of the State of Maryland on
October 11, July 15, 2016, designating the terms, rights and preferences of the
...Series D C Preferred Stock. "Base Liquidation Preference" shall have the meaning provided in Section 6. "Business Day" shall have the meaning provided in Section 5(a). "Change of Control/Delisting" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Date" shall have the meaning provided in the Articles Supplementary. "Change of Control/Delisting Conversion Right" shall have the meaning provided in Section 9(b)(i). "Class A Common Share Price" shall have the meaning provided in the Articles Supplementary. "Common Stock" means shares of the General Partner's Class A common stock, par value $0.01 per share. "Common Unit Economic Balance" shall have the meaning provided in Section 10(g). "Default Period" shall have the meaning provided in Section 5(e). "Default Rate" shall have the meaning provided in Section 5(e). "Distribution Period" hall have the meaning provided in Section 5(a). "Distribution Record Date" shall have the meaning provided in Section 5(a). "Economic Capital Account Balance" shall have the meaning provided in Section 10(g). "Initial Series C Preferred Return" shall have the meaning provided in Section 5(a). "Junior Units" shall have the meaning provided in Section 4. "Liquidating Gains" shall have the meaning provided in Section 10(g). "Loss" shall have the meaning provided in Section 10(h). "Net Operating Income" shall have the meaning provided in Section 10(f). "Parity Preferred Units" shall have the meaning provided in Section 4. "Partnership Agreement" shall have the meaning provided in the recital above. "Preferred Units" means all Partnership Interests designated as preferred units by the General Partner from time to time in accordance with Section 4.02 of the Partnership Agreement. "Profit" shall have the meaning provided in Section 10(h). "Redemption Date" "Series C Preferred Return" shall have the meaning provided in Section 7(b)(iii). "Regular Redemption Right" shall have the meaning provided in Section 7(b)(i). 5(a). "Series D C Preferred Distribution Payment Date" shall have the meaning provided in Section 5(a). "Series D Preferred Return" shall have the meaning provided in Section 5(a). "Series D C Preferred Stock" shall have the meaning provided in the recital above. "Series D C Preferred Units" shall have the meaning provided in Section 1. "Share Cap" shall have the meaning provided in the Articles Supplementary. 2 "Special Redemption Price" shall have the meaning provided in Section 7(c)(i). "Special Redemption Right" shall have the meaning provided in Section 7(c)(i).
View More
