Common use of Cumulative Preferential Distributions Clause in Contracts

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of distributions and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 Distributions payable on the Series 2 Preferred Limited Partnership Units will be in an amount per Series 2 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 Distributions accrued to such date are not paid in full on all of the Series 2 Preferred Limited Partnership Units then Outstanding, such Series 2 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of such Series 2 Distributions. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 Distributions. (e) The Record Date for the payment of Series 2 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 4 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of distributions and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 Distributions payable on the Series 2 Preferred Limited Partnership Units will be in an amount per Series 2 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 Distributions accrued to such date are not paid in full on all of the Series 2 Preferred Limited Partnership Units then Outstanding, such Series 2 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of such Series 2 Distributions. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 Distributions. (e) The Record Date for the payment of Series 2 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner.

Appears in 4 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 8 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 8 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 8 Distributions payable on the Series 2 8 Preferred Limited Partnership Units will be in an amount per Series 2 8 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 8 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 8 Distributions accrued to such date are not paid in full on all of the Series 2 8 Preferred Limited Partnership Units then Outstanding, such Series 2 8 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions8 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 8 Distributions. (e) The Record Date for the payment of Series 2 8 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 4 contracts

Sources: Limited Partnership Agreement (Brookfield Renewable Energy Partners L.P.), Limited Partnership Agreement (Brookfield Renewable Energy Partners L.P.), Limited Partnership Agreement (Brookfield Renewable Energy Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 1 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of distributions and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 1 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 1 Distributions will be payable quarterly on the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 1 Distribution will be payable June 30, 2015 and will be an amount in cash equal to C$0.3390 per Series 1 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period, (other than June 30, 2015) the Series 1 Distribution will be equal to C$0.28125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 1 Distributions payable on the Series 2 1 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 1 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 1 Distributions accrued to such date are not paid in full on all of the Series 2 1 Preferred Limited Partnership Units then Outstanding, such Series 2 1 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of such Series 2 1 Distributions. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 1 Distributions. (ef) The Record Date for the payment of Series 2 1 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 1 Distributions shall (except in case of redemption or reclassification in which case payment of Series 1 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 1 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 1 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 1 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 4 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 1 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of distributions and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 1 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 1 Distributions will be payable quarterly on or before the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 1 Distribution will be payable on or before June 30, 2015 and will be an amount in cash equal to C$0.3390 per Series 1 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period, (other than June 30, 2015) the Series 1 Distribution will be equal to C$0.28125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 1 Distributions payable on the Series 2 1 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 1 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 1 Distributions accrued to such date are not paid in full on all of the Series 2 1 Preferred Limited Partnership Units then Outstanding, such Series 2 1 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of such Series 2 1 Distributions. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 1 Distributions. (ef) The Record Date for the payment of Series 2 1 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner. Series 1 Distributions shall (except in case of redemption or reclassification in which case payment of Series 1 Distributions shall be made on surrender of the certificate representing the Series 1 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 1 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 1 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 4 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 3 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 3 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 3 Distributions will be payable quarterly on the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 3 Distribution will be payable March 31, 2016 and will be an amount in cash equal to C$0.4295 per Series 3 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2016), the Series 3 Distribution will be equal to C$0.34375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 3 Distributions payable on the Series 2 3 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 3 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 3 Distributions accrued to such date are not paid in full on all of the Series 2 3 Preferred Limited Partnership Units then Outstanding, such Series 2 3 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions3 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 3 Distributions. (ef) The Record Date for the payment of Series 2 3 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 3 Distributions shall (except in case of redemption or reclassification in which case payment of Series 3 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 3 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 3 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 3 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 4 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 5 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 5 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 5 Distributions will be payable quarterly on or before the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 5 Distribution will be payable on or before September 30, 2016 and will be an amount in cash equal to C$0.2162 per Series 5 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than September 30, 2016), the Series 5 Distribution will be equal to C$0.334375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 5 Distributions payable on the Series 2 5 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 5 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 5 Distributions accrued to such date are not paid in full on all of the Series 2 5 Preferred Limited Partnership Units then Outstanding, such Series 2 5 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions5 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 5 Distributions. (ef) The Record Date for the payment of Series 2 5 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner.

Appears in 3 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 3 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 3 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 3 Distributions will be payable quarterly on or before the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 3 Distribution will be payable on or before March 31, 2016 and will be an amount in cash equal to C$0.4295 per Series 3 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2016), the Series 3 Distribution will be equal to C$0.34375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 3 Distributions payable on the Series 2 3 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 3 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 3 Distributions accrued to such date are not paid in full on all of the Series 2 3 Preferred Limited Partnership Units then Outstanding, such Series 2 3 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions3 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 3 Distributions. (ef) The Record Date for the payment of Series 2 3 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner. Series 3 Distributions shall (except in case of redemption or reclassification in which case payment of Series 3 Distributions shall be made on surrender of the certificate representing the Series 3 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 3 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 3 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 3 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 6 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 6 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 6 Distributions payable on the Series 2 6 Preferred Limited Partnership Units will be in an amount per Series 2 6 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 6 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 6 Distributions accrued to such date are not paid in full on all of the Series 2 6 Preferred Limited Partnership Units then Outstanding, such Series 2 6 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions6 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 6 Distributions. (e) The Record Date for the payment of Series 2 6 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner.

Appears in 3 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 4 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 4 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 4 Distributions payable on the Series 2 4 Preferred Limited Partnership Units will be in an amount per Series 2 4 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 4 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 4 Distributions accrued to such date are not paid in full on all of the Series 2 4 Preferred Limited Partnership Units then Outstanding, such Series 2 4 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions4 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 4 Distributions. (e) The Record Date for the payment of Series 2 4 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner.

Appears in 3 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 4 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 4 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 4 Distributions payable on the Series 2 4 Preferred Limited Partnership Units will be in an amount per Series 2 4 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 4 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 4 Distributions accrued to such date are not paid in full on all of the Series 2 4 Preferred Limited Partnership Units then Outstanding, such Series 2 4 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions4 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 4 Distributions. (e) The Record Date for the payment of Series 2 4 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 4 Distributions shall (except in case of redemption or reclassification in which case payment of Series 4 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 4 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 4 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 4 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 3 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 7 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 7 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 7 Distributions will be payable quarterly on the last day of January, April, July and October of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 7 Distribution will be payable January 31, 2016 and will be an amount in cash equal to C$0.2524 per Series 7 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than January 31, 2016), the Series 7 Distribution will be equal to C$0.34375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 7 Distributions payable on the Series 2 7 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 7 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 7 Distributions accrued to such date are not paid in full on all of the Series 2 7 Preferred Limited Partnership Units then Outstanding, such Series 2 7 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions7 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 7 Distributions. (ef) The Record Date for the payment of Series 2 7 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 7 Distributions shall (except in case of redemption or reclassification in which case payment of Series 7 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 7 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 7 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 7 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Renewable Energy Partners L.P.), Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 3 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 3 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 3 Distributions will be payable quarterly on or before the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 3 Distribution will be payable on or before March 31, 2016 and will be an amount in cash equal to C$0.4295 per Series 3 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2016), the Series 3 Distribution will be equal to C$0.34375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 3 Distributions payable on the Series 2 3 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 3 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 3 Distributions accrued to such date are not paid in full on all of the Series 2 3 Preferred Limited Partnership Units then Outstanding, such Series 2 3 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions3 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 3 Distributions. (ef) The Record Date for the payment of Series 2 3 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 8 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 8 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 8 Distributions payable on the Series 2 8 Preferred Limited Partnership Units will be in an amount per Series 2 8 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 8 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 8 Distributions accrued to such date are not paid in full on all of the Series 2 8 Preferred Limited Partnership Units then Outstanding, such Series 2 8 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions8 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 8 Distributions. (e) The Record Date for the payment of Series 2 8 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 8 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 8 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 8 Distributions payable on the Series 2 8 Preferred Limited Partnership Units will be in an amount per Series 2 8 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 8 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 8 Distributions accrued to such date are not paid in full on all of the Series 2 8 Preferred Limited Partnership Units then Outstanding, such Series 2 8 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions8 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 8 Distributions. (e) The Record Date for the payment of Series 2 8 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 8 Distributions shall (except in case of redemption or reclassification in which case payment of Series 8 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 8 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 8 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 8 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 6 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 6 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 6 Distributions payable on the Series 2 6 Preferred Limited Partnership Units will be in an amount per Series 2 6 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 6 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 6 Distributions accrued to such date are not paid in full on all of the Series 2 6 Preferred Limited Partnership Units then Outstanding, such Series 2 6 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions6 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 6 Distributions. (e) The Record Date for the payment of Series 2 6 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 18 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 18 Distributions”) payable quarterly at on the rates last day of January, April, July and times herein October (each, a “Distribution Payment Date”) of each year, in an annual amount equal to C$1.375 per Series 18 Preferred Limited Partnership Unit, provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate PeriodThe initial Series 18 Distribution, if declared, will be payable July 31, 2022 and will be C$0.4068 per Series 2 Distributions payable on the Series 2 18 Preferred Limited Partnership Units will be in an amount per Series 2 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00Unit, less any tax required to be deducted and withheld, and shall be payable quarterly on . On each Distribution Payment Date during such Quarterly Floating Rate Periodother than July 31, 2022, the Series 18 Distribution, if declared, will be C$0.34375 per Series 18 Preferred Limited Partnership Unit, less any tax required to be deducted and withheld. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 18 Distributions accrued to such date are not paid in full on all of the Series 2 18 Preferred Limited Partnership Units then Outstanding, such Series 2 18 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions18 Distributions under Bermuda law. (dc) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 18 Distributions. (ed) The Record Date for the payment of Series 2 18 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 18 Distributions shall (except in case of redemption in which case payment of Series 18 Distributions shall, subject to the provisions of Section 16, be made on surrender of the certificate representing the Series 18 Preferred Limited Partnership Units to be redeemed) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 18 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 18 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Series 18 Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.), Fourth Amended and Restated Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 7 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 7 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 7 Distributions will be payable quarterly on or before the last day of January, April, July and October of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 7 Distribution will be payable on or before January 31, 2016 and will be an amount in cash equal to C$0.2524 per Series 7 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than January 31, 2016), the Series 7 Distribution will be equal to C$0.34375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 7 Distributions payable on the Series 2 7 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 7 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 7 Distributions accrued to such date are not paid in full on all of the Series 2 7 Preferred Limited Partnership Units then Outstanding, such Series 2 7 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions7 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 7 Distributions. (ef) The Record Date for the payment of Series 2 7 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 7 Distributions shall (except in case of redemption or reclassification in which case payment of Series 7 Distributions shall be made on surrender of the certificate representing the Series 7 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 7 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 7 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Renewable Energy Partners L.P.), Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 9 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 9 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 9 Distributions will be payable quarterly on the last day of January, April, July and October of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 9 Distribution will be payable July 31, 2016 and will be an amount in cash equal to C$0.2639 per Series 9 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than July 31, 2016), the Series 9 Distribution will be equal to C$0.359375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 9 Distributions payable on the Series 2 9 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 9 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 9 Distributions accrued to such date are not paid in full on all of the Series 2 9 Preferred Limited Partnership Units then Outstanding, such Series 2 9 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions9 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 9 Distributions. (ef) The Record Date for the payment of Series 2 9 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 9 Distributions shall (except in case of redemption or reclassification in which case payment of Series 9 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 9 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 9 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 9 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.), Fourth Amended and Restated Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 16 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 16 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 16 Distributions payable on the Series 2 16 Preferred Limited Partnership Units will be in an amount per Series 2 16 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 16 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 16 Distributions accrued to such date are not paid in full on all of the Series 2 16 Preferred Limited Partnership Units then Outstanding, such Series 2 16 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions16 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 16 Distributions. (e) The Record Date for the payment of Series 2 16 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.), Limited Partnership Agreement (Brookfield Renewable Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 10 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 10 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 10 Distributions payable on the Series 2 10 Preferred Limited Partnership Units will be in an amount per Series 2 10 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 10 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 10 Distributions accrued to such date are not paid in full on all of the Series 2 10 Preferred Limited Partnership Units then Outstanding, such Series 2 10 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions10 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 10 Distributions. (e) The Record Date for the payment of Series 2 10 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 10 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 10 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 10 Distributions payable on the Series 2 10 Preferred Limited Partnership Units will be in an amount per Series 2 10 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 10 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 10 Distributions accrued to such date are not paid in full on all of the Series 2 10 Preferred Limited Partnership Units then Outstanding, such Series 2 10 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions10 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 10 Distributions. (e) The Record Date for the payment of Series 2 10 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 10 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 10 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 10 Distributions payable on the Series 2 10 Preferred Limited Partnership Units will be in an amount per Series 2 10 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 10 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 10 Distributions accrued to such date are not paid in full on all of the Series 2 10 Preferred Limited Partnership Units then Outstanding, such Series 2 10 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions10 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 10 Distributions. (e) The Record Date for the payment of Series 2 10 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 10 Distributions shall (except in case of redemption or reclassification in which case payment of Series 10 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 10 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 10 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 10 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.), Fourth Amended and Restated Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 7 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 7 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 7 Distributions will be payable quarterly on or before the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 7 Distribution will be payable on or before March 31, 2017 and will be an amount in cash equal to C$0.2192 per Series 7 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2017), the Series 7 Distribution will be equal to C$0.3125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 7 Distributions payable on the Series 2 7 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 7 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 7 Distributions accrued to such date are not paid in full on all of the Series 2 7 Preferred Limited Partnership Units then Outstanding, such Series 2 7 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions7 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 7 Distributions. (ef) The Record Date for the payment of Series 2 7 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 18 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 18 Distributions”) payable quarterly at on the rates last day of January, April, July and times herein October (each, a “Distribution Payment Date”) of each year, in an annual amount equal to C$1.375 per Series 18 Preferred Limited Partnership Unit, provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate PeriodThe initial Series 18 Distribution, if declared, will be payable July 31, 2022 and will be C$0.4068 per Series 2 Distributions payable on the Series 2 18 Preferred Limited Partnership Units will be in an amount per Series 2 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00Unit, less any tax required to be deducted and withheld, and shall be payable quarterly on . On each Distribution Payment Date during such Quarterly Floating Rate Periodother than July 31, 2022, the Series 18 Distribution, if declared, will be C$0.34375 per Series 18 Preferred Limited Partnership Unit, less any tax required to be deducted and withheld. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 18 Distributions accrued to such date are not paid in full on all of the Series 2 18 Preferred Limited Partnership Units then Outstanding, such Series 2 18 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions18 Distributions under Bermuda law. (dc) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 18 Distributions. (ed) The Record Date for the payment of Series 2 18 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 18 Distributions shall (except in case of redemption in which case payment of Series 18 Distributions shall be made on surrender of the certificate representing the Series 18 Preferred Limited Partnership Units to be redeemed) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 18 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 18 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Series 18 Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.), Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 12 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 12 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 12 Distributions payable on the Series 2 12 Preferred Limited Partnership Units will be in an amount per Series 2 12 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 12 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 12 Distributions accrued to such date are not paid in full on all of the Series 2 12 Preferred Limited Partnership Units then Outstanding, such Series 2 12 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions12 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 12 Distributions. (e) The Record Date for the payment of Series 2 12 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.), Limited Partnership Agreement (Brookfield Renewable Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 14 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 14 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 14 Distributions payable on the Series 2 14 Preferred Limited Partnership Units will be in an amount per Series 2 14 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 14 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 14 Distributions accrued to such date are not paid in full on all of the Series 2 14 Preferred Limited Partnership Units then Outstanding, such Series 2 14 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions14 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 14 Distributions. (e) The Record Date for the payment of Series 2 14 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.), Limited Partnership Agreement (Brookfield Renewable Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 7 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 7 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 7 Distributions will be payable quarterly on the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 7 Distribution will be payable March 31, 2017 and will be an amount in cash equal to C$0.2192 per Series 7 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2017), the Series 7 Distribution will be equal to C$0.3125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 7 Distributions payable on the Series 2 7 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 7 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 7 Distributions accrued to such date are not paid in full on all of the Series 2 7 Preferred Limited Partnership Units then Outstanding, such Series 2 7 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions7 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 7 Distributions. (ef) The Record Date for the payment of Series 2 7 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 7 Distributions shall (except in case of redemption or reclassification in which case payment of Series 7 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 7 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 7 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 7 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 5 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 5 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 5 Distributions will be payable quarterly on the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 5 Distribution will be payable September 30, 2016 and will be an amount in cash equal to C$0.2162 per Series 5 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than September 30, 2016), the Series 5 Distribution will be equal to C$0.334375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 5 Distributions payable on the Series 2 5 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 5 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 5 Distributions accrued to such date are not paid in full on all of the Series 2 5 Preferred Limited Partnership Units then Outstanding, such Series 2 5 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions5 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 5 Distributions. (ef) The Record Date for the payment of Series 2 5 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 4 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 4 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 4 Distributions payable on the Series 2 4 Preferred Limited Partnership Units will be in an amount per Series 2 4 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 4 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 4 Distributions accrued to such date are not paid in full on all of the Series 2 4 Preferred Limited Partnership Units then Outstanding, such Series 2 4 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions4 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 4 Distributions. (e) The Record Date for the payment of Series 2 4 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner. Series 4 Distributions shall (except in case of redemption or reclassification in which case payment of Series 4 Distributions shall be made on surrender of the certificate representing the Series 4 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 4 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 4 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 2 contracts

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.), Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 7 Preferred Limited Partnership Units (the "Holders") shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the "Series 2 7 Distributions") payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s 's bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 7 Distributions will be payable quarterly on the last day of January, April, July and October of each Quarterly Floating year (each, a "Distribution Payment Date") at the Initial Fixed Distribution Rate. The initial Series 7 Distribution will be payable January 31, 2016 and will be an amount in cash equal to C$0.2524 per Series 7 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than January 31, 2016), the Series 7 Distribution will be equal to C$0.34375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 7 Distributions payable on the Series 2 7 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 7 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 7 Distributions accrued to such date are not paid in full on all of the Series 2 7 Preferred Limited Partnership Units then Outstanding, such Series 2 7 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions7 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 7 Distributions. (ef) The Record Date for the payment of Series 2 7 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 6 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 6 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 6 Distributions payable on the Series 2 6 Preferred Limited Partnership Units will be in an amount per Series 2 6 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 6 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 6 Distributions accrued to such date are not paid in full on all of the Series 2 6 Preferred Limited Partnership Units then Outstanding, such Series 2 6 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions6 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 6 Distributions. (e) The Record Date for the payment of Series 2 6 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner. Series 6 Distributions shall (except in case of redemption or reclassification in which case payment of Series 6 Distributions shall be made on surrender of the certificate representing the Series 6 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 6 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 6 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 10 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 10 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 10 Distributions payable on the Series 2 10 Preferred Limited Partnership Units will be in an amount per Series 2 10 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 10 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 10 Distributions accrued to such date are not paid in full on all of the Series 2 10 Preferred Limited Partnership Units then Outstanding, such Series 2 10 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions10 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 10 Distributions. (e) The Record Date for the payment of Series 2 10 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 10 Distributions shall (except in case of redemption or reclassification in which case payment of Series 10 Distributions shall be made on surrender of the certificate representing the Series 10 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 10 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 10 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper taxing authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 11 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 11 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 11 Distributions will be payable quarterly on or before the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 11 Distribution will be payable on or before December 31, 2018 and will be an amount in cash equal to C$0.3842 per Series 11 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than December 31, 2018), the Series 11 Distribution will be equal to C$0.31875 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 11 Distributions payable on the Series 2 11 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 11 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 11 Distributions accrued to such date are not paid in full on all of the Series 2 11 Preferred Limited Partnership Units then Outstanding, such Series 2 11 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions11 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 11 Distributions. (ef) The Record Date for the payment of Series 2 11 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 5 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 5 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate PeriodSubject to Section 2.1(b), Series 2 5 Distributions payable on the Series 2 5 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate PeriodDate. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate The initial Series 5 Distribution payable on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of any Series 2 5 Preferred Limited Partnership UnitsUnit will be determined as if such Series 5 Preferred Limited Partnership Unit was issued and outstanding for the number of days commencing from and including the immediately preceding Distribution Payment Date (had such Series 5 Preferred Limited Partnership Unit been issued and outstanding at such time) to but excluding the Distribution Payment Date on which such initial Series 5 Distribution is to be paid. (c) If on any Distribution Payment Date, the Series 2 5 Distributions accrued to such date are not paid in full on all of the Series 2 5 Preferred Limited Partnership Units then Outstanding, such Series 2 5 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions5 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 5 Distributions. (e) The Record Date for the payment of Series 2 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Renewable Energy Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 7 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 7 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 7 Distributions will be payable quarterly on the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 7 Distribution will be payable March 31, 2017 and will be an amount in cash equal to C$0.2192 per Series 7 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2017), the Series 7 Distribution will be equal to C$0.3125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 7 Distributions payable on the Series 2 7 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 7 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 7 Distributions accrued to such date are not paid in full on all of the Series 2 7 Preferred Limited Partnership Units then Outstanding, such Series 2 7 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions7 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 7 Distributions. (ef) The Record Date for the payment of Series 2 7 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 5 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 5 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate PeriodSubject to Section 2.1(b), Series 2 5 Distributions payable on the Series 2 5 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate PeriodDate. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate The initial Series 5 Distribution payable on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of any Series 2 5 Preferred Limited Partnership UnitsUnit will be determined as if such Series 5 Preferred Limited Partnership Unit was issued and outstanding for the number of days commencing from and including the immediately preceding Distribution Payment Date (had such Series 5 Preferred Limited Partnership Unit been issued and outstanding at such time) to but excluding the Distribution Payment Date on which such initial Series 5 Distribution is to be paid. (c) If on any Distribution Payment Date, the Series 2 5 Distributions accrued to such date are not paid in full on all of the Series 2 5 Preferred Limited Partnership Units then Outstanding, such Series 2 5 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions5 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 5 Distributions. (e) The Record Date for the payment of Series 2 5 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date date, if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Renewable Energy Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 8 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 8 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 8 Distributions payable on the Series 2 8 Preferred Limited Partnership Units will be in an amount per Series 2 8 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 8 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 8 Distributions accrued to such date are not paid in full on all of the Series 2 8 Preferred Limited Partnership Units then Outstanding, such Series 2 8 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions8 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 8 Distributions. (e) The Record Date for the payment of Series 2 8 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 8 Distributions shall (except in case of redemption or reclassification in which case payment of Series 8 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 8 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 8 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 8 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 6 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 6 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 6 Distributions payable on the Series 2 6 Preferred Limited Partnership Units will be in an amount per Series 2 6 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 6 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 6 Distributions accrued to such date are not paid in full on all of the Series 2 6 Preferred Limited Partnership Units then Outstanding, such Series 2 6 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions6 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 6 Distributions. (e) The Record Date for the payment of Series 2 6 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 6 Distributions shall (except in case of redemption or reclassification in which case payment of Series 6 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 6 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 6 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 6 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 14 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 14 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 14 Distributions payable on the Series 2 14 Preferred Limited Partnership Units will be in an amount per Series 2 14 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 14 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 14 Distributions accrued to such date are not paid in full on all of the Series 2 14 Preferred Limited Partnership Units then Outstanding, such Series 2 14 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions14 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 14 Distributions. (e) The Record Date for the payment of Series 2 14 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 14 Distributions shall (except in case of redemption or reclassification in which case payment of Series 14 Distributions shall be made on surrender of the certificate representing the Series 14 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 14 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 14 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 9 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 9 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 9 Distributions will be payable quarterly on or before the last day of January, April, July and October of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 9 Distribution will be payable on or before July 31, 2016 and will be an amount in cash equal to C$0.2639 per Series 9 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than July 31, 2016), the Series 9 Distribution will be equal to C$0.359375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 9 Distributions payable on the Series 2 9 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 9 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 9 Distributions accrued to such date are not paid in full on all of the Series 2 9 Preferred Limited Partnership Units then Outstanding, such Series 2 9 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions9 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 9 Distributions. (ef) The Record Date for the payment of Series 2 9 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 9 Distributions shall (except in case of redemption or reclassification in which case payment of Series 9 Distributions shall be made on surrender of the certificate representing the Series 9 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 9 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 9 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 15 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 15 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 15 Distributions will be payable quarterly on the last day of January, April, July and October of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 15 Distribution will be payable April 30, 2019 and will be an amount in cash equal to C$0.1969 per Series 15 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than April 30, 2019), the Series 15 Distribution will be equal to C$0.359375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 15 Distributions payable on the Series 2 15 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 15 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 15 Distributions accrued to such date are not paid in full on all of the Series 2 15 Preferred Limited Partnership Units then Outstanding, such Series 2 15 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions15 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 15 Distributions. (ef) The Record Date for the payment of Series 2 15 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 15 Distributions shall (except in case of redemption or reclassification in which case payment of Series 15 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 15 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 15 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 15 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 13 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 13 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 13 Distributions will be payable quarterly on the last day of January, April, July and October of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 13 Distribution will be payable April 30, 2018 and will be an amount in cash equal to C$0.3562 per Series 13 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than April 30, 2018), the Series 13 Distribution will be equal to C$1.25 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 13 Distributions payable on the Series 2 13 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 13 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 13 Distributions accrued to such date are not paid in full on all of the Series 2 13 Preferred Limited Partnership Units then Outstanding, such Series 2 13 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions13 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 13 Distributions. (ef) The Record Date for the payment of Series 2 13 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 13 Distributions shall (except in case of redemption or reclassification in which case payment of Series 13 Distributions shall be made on surrender of the certificate representing the Series 13 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 13 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 13 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 7 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 7 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 7 Distributions will be payable quarterly on or before the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 7 Distribution will be payable on or before March 31, 2017 and will be an amount in cash equal to C$0.2192 per Series 7 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2017), the Series 7 Distribution will be equal to C$0.3125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 7 Distributions payable on the Series 2 7 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 7 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 7 Distributions accrued to such date are not paid in full on all of the Series 2 7 Preferred Limited Partnership Units then Outstanding, such Series 2 7 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions7 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 7 Distributions. (ef) The Record Date for the payment of Series 2 7 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner. Series 7 Distributions shall (except in case of redemption or reclassification in which case payment of Series 7 Distributions shall be made on surrender of the certificate representing the Series 7 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 7 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 7 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 12 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 12 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 12 Distributions payable on the Series 2 12 Preferred Limited Partnership Units will be in an amount per Series 2 12 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 12 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 12 Distributions accrued to such date are not paid in full on all of the Series 2 12 Preferred Limited Partnership Units then Outstanding, such Series 2 12 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions12 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 12 Distributions. (e) The Record Date for the payment of Series 2 12 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 7 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 7 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 7 Distributions will be payable quarterly on or before the last day of January, April, July and October of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 7 Distribution will be payable on or before January 31, 2016 and will be an amount in cash equal to C$0.2524 per Series 7 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than January 31, 2016), the Series 7 Distribution will be equal to C$0.34375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 7 Distributions payable on the Series 2 7 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 7 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 7 Distributions accrued to such date are not paid in full on all of the Series 2 7 Preferred Limited Partnership Units then Outstanding, such Series 2 7 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions7 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 7 Distributions. (ef) The Record Date for the payment of Series 2 7 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Renewable Energy Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of distributions and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 Distributions payable on the Series 2 Preferred Limited Partnership Units will be in an amount per Series 2 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 Distributions accrued to such date are not paid in full on all of the Series 2 Preferred Limited Partnership Units then Outstanding, such Series 2 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of such Series 2 Distributions. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 Distributions. (e) The Record Date for the payment of Series 2 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner. Series 2 Distributions shall (except in case of redemption or reclassification in which case payment of Series 2 Distributions shall be made on surrender of the certificate representing the Series 2 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 2 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 2 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 5 Preferred Limited Partnership Units (the "Holders") shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the "Series 2 5 Distributions") payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s 's bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate PeriodSubject to Section 2.1(b), Series 2 5 Distributions payable on the Series 2 5 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate PeriodDate. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate The initial Series 5 Distribution payable on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of any Series 2 5 Preferred Limited Partnership UnitsUnit will be determined as if such Series 5 Preferred Limited Partnership Unit was issued and outstanding for the number of days commencing from and including the immediately preceding Distribution Payment Date (had such Series 5 Preferred Limited Partnership Unit been issued and outstanding at such time) to but excluding the Distribution Payment Date on which such initial Series 5 Distribution is to be paid. (c) If on any Distribution Payment Date, the Series 2 5 Distributions accrued to such date are not paid in full on all of the Series 2 5 Preferred Limited Partnership Units then Outstanding, such Series 2 5 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions5 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 5 Distributions. (e) The Record Date for the payment of Series 2 5 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date date, if any, as may be fixed by the General Partner. Series 5 Distributions shall (except in case of redemption in which case payment of Series 5 Distributions shall, subject to the provisions of Section 16, be made on surrender of the certificate representing the Series 5 Preferred Limited Partnership Units to be redeemed) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 5 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 5 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Series 5 Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership's bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 9 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 9 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 9 Distributions will be payable quarterly on or before the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 9 Distribution will be payable on or before March 31, 2018 and will be an amount in cash equal to C$0.2295 per Series 9 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2018), the Series 9 Distribution will be equal to C$0.3125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 9 Distributions payable on the Series 2 9 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 9 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 9 Distributions accrued to such date are not paid in full on all of the Series 2 9 Preferred Limited Partnership Units then Outstanding, such Series 2 9 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions9 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 9 Distributions. (ef) The Record Date for the payment of Series 2 9 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 5 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 5 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 5 Distributions will be payable quarterly on the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 5 Distribution will be payable September 30, 2016 and will be an amount in cash equal to C$0.2162 per Series 5 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than September 30, 2016), the Series 5 Distribution will be equal to C$0.334375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 5 Distributions payable on the Series 2 5 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 5 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 5 Distributions accrued to such date are not paid in full on all of the Series 2 5 Preferred Limited Partnership Units then Outstanding, such Series 2 5 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions5 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 5 Distributions. (ef) The Record Date for the payment of Series 2 5 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 5 Distributions shall (except in case of redemption or reclassification in which case payment of Series 5 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 5 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 5 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 5 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 8 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 8 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 8 Distributions payable on the Series 2 8 Preferred Limited Partnership Units will be in an amount per Series 2 8 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 8 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 8 Distributions accrued to such date are not paid in full on all of the Series 2 8 Preferred Limited Partnership Units then Outstanding, such Series 2 8 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions8 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 8 Distributions. (e) The Record Date for the payment of Series 2 8 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner. Series 8 Distributions shall (except in case of redemption or reclassification in which case payment of Series 8 Distributions shall be made on surrender of the certificate representing the Series 8 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 8 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 8 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 9 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 9 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 9 Distributions will be payable quarterly on the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 9 Distribution will be payable March 31, 2018 and will be an amount in cash equal to C$0.2295 per Series 9 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2018), the Series 9 Distribution will be equal to C$0.3125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 9 Distributions payable on the Series 2 9 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 9 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 9 Distributions accrued to such date are not paid in full on all of the Series 2 9 Preferred Limited Partnership Units then Outstanding, such Series 2 9 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions9 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 9 Distributions. (ef) The Record Date for the payment of Series 2 9 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 7 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 7 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 7 Distributions will be payable quarterly on or before the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 7 Distribution will be payable on or before March 31, 2017 and will be an amount in cash equal to C$0.2192 per Series 7 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2017), the Series 7 Distribution will be equal to C$0.3125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 7 Distributions payable on the Series 2 7 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 7 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 7 Distributions accrued to such date are not paid in full on all of the Series 2 7 Preferred Limited Partnership Units then Outstanding, such Series 2 7 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions7 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 Distributions. (e) The Record Date for the payment of Series 2 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 9 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 9 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 9 Distributions will be payable quarterly on the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 9 Distribution will be payable March 31, 2018 and will be an amount in cash equal to C$0.2295 per Series 9 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2018), the Series 9 Distribution will be equal to C$0.3125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 9 Distributions payable on the Series 2 9 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 9 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 9 Distributions accrued to such date are not paid in full on all of the Series 2 9 Preferred Limited Partnership Units then Outstanding, such Series 2 9 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions9 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 9 Distributions. (ef) The Record Date for the payment of Series 2 9 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 9 Distributions shall (except in case of redemption or reclassification in which case payment of Series 9 Distributions shall, subject to the provisions of Section Part VII17, be made on surrender of the certificate representing the Series 9 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 9 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 9 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 7 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 7 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 7 Distributions will be payable quarterly on the last day of January, April, July and October of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 7 Distribution will be payable January 31, 2016 and will be an amount in cash equal to C$0.2524 per Series 7 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than January 31, 2016), the Series 7 Distribution will be equal to C$0.34375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 7 Distributions payable on the Series 2 7 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 7 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 7 Distributions accrued to such date are not paid in full on all of the Series 2 7 Preferred Limited Partnership Units then Outstanding, such Series 2 7 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions7 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 7 Distributions. (ef) The Record Date for the payment of Series 2 7 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Renewable Energy Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 12 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 12 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 12 Distributions payable on the Series 2 12 Preferred Limited Partnership Units will be in an amount per Series 2 12 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 12 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 12 Distributions accrued to such date are not paid in full on all of the Series 2 12 Preferred Limited Partnership Units then Outstanding, such Series 2 12 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions12 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 12 Distributions. (e) The Record Date for the payment of Series 2 12 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of distributions and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 Distributions payable on the Series 2 Preferred Limited Partnership Units will be in an amount per Series 2 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 Distributions accrued to such date are not paid in full on all of the Series 2 Preferred Limited Partnership Units then Outstanding, such Series 2 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of such Series 2 Distributions. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 Distributions. (e) The Record Date for the payment of Series 2 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 2 Distributions shall (except in case of redemption or reclassification in which case payment of Series 2 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 2 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 2 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 2 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 1 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of distributions and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 1 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 1 Distributions will be payable quarterly on or before the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 1 Distribution will be payable on or before June 30, 2015 and will be an amount in cash equal to C$0.3390 per Series 1 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period, (other than June 30, 2015) the Series 1 Distribution will be equal to C$0.28125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 1 Distributions payable on the Series 2 1 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 1 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 1 Distributions accrued to such date are not paid in full on all of the Series 2 1 Preferred Limited Partnership Units then Outstanding, such Series 2 1 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of such Series 2 1 Distributions. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 1 Distributions. (ef) The Record Date for the payment of Series 2 1 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner. Series 1 Distributions shall (except in case of redemption or reclassification in which case payment of Series 1 Distributions shall be made on surrender of the certificate representing the Series 1 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 1 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 1 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 11 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 11 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 11 Distributions will be payable quarterly on or before the last day of January, April, July and October of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 11 Distribution will be payable on or before April 30, 2017 and will be an amount in cash equal to C$0.2568 per Series 11 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than April 30, 2017), the Series 11 Distribution will be equal to C$1.25 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 11 Distributions payable on the Series 2 11 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 11 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 11 Distributions accrued to such date are not paid in full on all of the Series 2 11 Preferred Limited Partnership Units then Outstanding, such Series 2 11 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions11 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 11 Distributions. (ef) The Record Date for the payment of Series 2 11 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 1 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of distributions and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 1 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 1 Distributions will be payable quarterly on the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 1 Distribution will be payable June 30, 2015 and will be an amount in cash equal to C$0.3390 per Series 1 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period, (other than June 30, 2015) the Series 1 Distribution will be equal to C$0.28125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 1 Distributions payable on the Series 2 1 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 1 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 1 Distributions accrued to such date are not paid in full on all of the Series 2 1 Preferred Limited Partnership Units then Outstanding, such Series 2 1 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of such Series 2 1 Distributions. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 1 Distributions. (ef) The Record Date for the payment of Series 2 1 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 1 Distributions shall (except in case of redemption or reclassification in which case payment of Series 1 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 1 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 1 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 1 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 8 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 8 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 8 Distributions payable on the Series 2 8 Preferred Limited Partnership Units will be in an amount per Series 2 8 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 8 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 8 Distributions accrued to such date are not paid in full on all of the Series 2 8 Preferred Limited Partnership Units then Outstanding, such Series 2 8 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions8 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 8 Distributions. (e) The Record Date for the payment of Series 2 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 5 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 5 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 5 Distributions will be payable quarterly on or before the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 5 Distribution will be payable on or before September 30, 2016 and will be an amount in cash equal to C$0.2162 per Series 5 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than September 30, 2016), the Series 5 Distribution will be equal to C$0.334375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 5 Distributions payable on the Series 2 5 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 5 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 5 Distributions accrued to such date are not paid in full on all of the Series 2 5 Preferred Limited Partnership Units then Outstanding, such Series 2 5 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions5 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 5 Distributions. (ef) The Record Date for the payment of Series 2 5 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner. Series 5 Distributions shall (except in case of redemption or reclassification in which case payment of Series 5 Distributions shall be made on surrender of the certificate representing the Series 5 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 5 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 5 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 4 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 4 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 4 Distributions payable on the Series 2 4 Preferred Limited Partnership Units will be in an amount per Series 2 4 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 4 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 4 Distributions accrued to such date are not paid in full on all of the Series 2 4 Preferred Limited Partnership Units then Outstanding, such Series 2 4 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions4 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 4 Distributions. (e) The Record Date for the payment of Series 2 4 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 11 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 11 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 11 Distributions will be payable quarterly on the last day of January, April, July and October of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 11 Distribution will be payable April 30, 2017 and will be an amount in cash equal to C$0.2568 per Series 11 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than April 30, 2017), the Series 11 Distribution will be equal to C$1.25 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 11 Distributions payable on the Series 2 11 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 11 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 11 Distributions accrued to such date are not paid in full on all of the Series 2 11 Preferred Limited Partnership Units then Outstanding, such Series 2 11 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions11 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 11 Distributions. (ef) The Record Date for the payment of Series 2 11 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 11 Distributions shall (except in case of redemption or reclassification in which case payment of Series 11 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 11 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 11 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 11 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 12 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 12 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 12 Distributions payable on the Series 2 12 Preferred Limited Partnership Units will be in an amount per Series 2 12 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 12 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 12 Distributions accrued to such date are not paid in full on all of the Series 2 12 Preferred Limited Partnership Units then Outstanding, such Series 2 12 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions12 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 12 Distributions. (e) The Record Date for the payment of Series 2 12 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 12 Distributions shall (except in case of redemption or reclassification in which case payment of Series 12 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 12 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 12 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 12 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 8 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 8 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 8 Distributions payable on the Series 2 8 Preferred Limited Partnership Units will be in an amount per Series 2 8 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 8 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 8 Distributions accrued to such date are not paid in full on all of the Series 2 8 Preferred Limited Partnership Units then Outstanding, such Series 2 8 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions8 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 8 Distributions. (e) The Record Date for the payment of Series 2 8 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 11 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 11 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 11 Distributions will be payable quarterly on the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 11 Distribution will be payable December 31, 2018 and will be an amount in cash equal to C$0.3842 per Series 11 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than December 31, 2018), the Series 11 Distribution will be equal to C$0.31875 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 11 Distributions payable on the Series 2 11 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 11 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 11 Distributions accrued to such date are not paid in full on all of the Series 2 11 Preferred Limited Partnership Units then Outstanding, such Series 2 11 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions11 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 11 Distributions. (ef) The Record Date for the payment of Series 2 11 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 16 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 16 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 16 Distributions payable on the Series 2 16 Preferred Limited Partnership Units will be in an amount per Series 2 16 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 16 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 16 Distributions accrued to such date are not paid in full on all of the Series 2 16 Preferred Limited Partnership Units then Outstanding, such Series 2 16 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions16 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 16 Distributions. (e) The Record Date for the payment of Series 2 16 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 16 Distributions shall (except in case of redemption or reclassification in which case payment of Series 16 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 16 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 16 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 16 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership’s bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 8 Preferred Limited Partnership Units (the "Holders") shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the "Series 2 8 Distributions") payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s 's bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 8 Distributions payable on the Series 2 8 Preferred Limited Partnership Units will be in an amount per Series 2 8 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 8 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 8 Distributions accrued to such date are not paid in full on all of the Series 2 8 Preferred Limited Partnership Units then Outstanding, such Series 2 8 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions8 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 8 Distributions. (e) The Record Date for the payment of Series 2 8 Distributions will be the last Business Day of the calendar month prior to fifteenth (15th) day in the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner. Series 8 Distributions shall (except in case of redemption or reclassification in which case payment of Series 8 Distributions shall, subject to the provisions of Section 17, be made on surrender of the certificate representing the Series 8 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by (i) posting in a postage paid envelope addressed to each Holder at the last address of such Holder as it appears on the securities register of the Partnership or, in the case of joint Holders, to the address of that one whose name appears first in the securities register of the Partnership as one of such joint Holders, or, in the event of the address of any Holder not so appearing, then to the address of such Holder last known to the Partnership, a cheque for such Series 8 Distributions (less any tax required to be deducted and withheld) payable to the order of such Holder or, in the case of joint Holders, to the order of all such Holders failing written instructions from them to the contrary or (ii) by any other reasonable means the Partnership deems desirable. Notwithstanding the foregoing, any distribution cheque may be delivered by the Partnership to a Holder at his/her address as aforesaid. The posting or delivery of such cheque or the payment of the Series 8 Distributions by any other reasonable means on or before the date on which such distribution is to be paid to a Holder shall be deemed to be payment and shall satisfy and discharge all liabilities for the payment of such Distributions to the extent of the sum represented thereby (plus the amount of any tax required to be deducted and withheld as aforesaid and remitted to the proper tax authority) unless, if applicable, such cheque is not paid on due presentation. Subject to applicable law, distributions which are represented by a cheque which has not been presented to the Partnership's bankers for payment or that otherwise remain unclaimed for a period of two years from the date on which they were declared to be payable shall be forfeited to the Partnership.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Renewable Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of distributions and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During each Quarterly Floating Rate Period, Series 2 Distributions payable on the Series 2 Preferred Limited Partnership Units will be in an amount per Series 2 Preferred Limited Partnership Unit determined by multiplying the Floating Quarterly Distribution Rate applicable to such Quarterly Floating Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Rate Period. (b) In respect of each Quarterly Floating Rate Period, the Partnership will, during such Quarterly Floating Rate Period, calculate on each Floating Rate Calculation Date the Floating Quarterly Distribution Rate for such Quarterly Floating Rate Period and will, on the Floating Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 Preferred Limited Partnership Units. (c) If on any Distribution Payment Date, the Series 2 Distributions accrued to such date are not paid in full on all of the Series 2 Preferred Limited Partnership Units then Outstanding, such Series 2 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of such Series 2 Distributions. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 Distributions. (e) The Record Date for the payment of Series 2 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the Managing General Partner.. Series 2 Distributions shall (except in case of redemption or reclassification in which case payment of Series 2 Distributions shall be made on surrender of the certificate representing the Series 2 Preferred Limited Partnership Units to be redeemed or reclassified) be paid by

Appears in 1 contract

Sources: Limited Partnership Agreement

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 9 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the Managing General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 9 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 9 Distributions will be payable quarterly on or before the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 9 Distribution will be payable on or before March 31, 2018 and will be an amount in cash equal to C$0.2295 per Series 9 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2018), the Series 9 Distribution will be equal to C$0.3125 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 9 Distributions payable on the Series 2 9 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 9 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 9 Distributions accrued to such date are not paid in full on all of the Series 2 9 Preferred Limited Partnership Units then Outstanding, such Series 2 9 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the Managing General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions9 Distributions under Bermuda law. (d) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 Distributions. (e) The Record Date for the payment of Series 2 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)

Cumulative Preferential Distributions. The holders of the then Outstanding Series 2 3 Preferred Limited Partnership Units (the “Holders”) shall be entitled to receive, and the Partnership shall pay thereon, as and when declared by the General Partner, out of moneys of the Partnership properly applicable to the payment of legally available for distributions under Bermuda law and without regard to the income of the Partnership, cumulative preferential cash distributions (the “Series 2 3 Distributions”) payable quarterly at the rates and times herein provided by cheque at par in lawful money of Canada at any branch in Canada of the Partnership’s bankers for the time being or by any other reasonable means the Partnership deems desirable. (a) During the Initial Fixed Rate Period, the Series 3 Distributions will be payable quarterly on the last day of March, June, September and December of each Quarterly Floating year (each, a “Distribution Payment Date”) at the Initial Fixed Distribution Rate. The initial Series 3 Distribution will be payable March 31, 2016 and will be an amount in cash equal to C$0.4295 per Series 3 Preferred Limited Partnership Unit less any tax required to be deducted and withheld. On each Distribution Payment Date during the Initial Fixed Rate Period (other than March 31, 2016), the Series 3 Distribution will be equal to C$0.34375 per unit. (b) During each Subsequent Fixed Rate Period, Series 2 3 Distributions payable on the Series 2 3 Preferred Limited Partnership Units will be in an annual amount per Series 2 Preferred Limited Partnership Unit unit determined by multiplying the Floating Quarterly Annual Fixed Distribution Rate applicable to such Quarterly Floating Subsequent Fixed Rate Period by C$25.00, less any tax required to be deducted and withheld, and shall be payable quarterly on each Distribution Payment Date during such Quarterly Floating Subsequent Fixed Rate Period. (bc) In respect of each Quarterly Floating Subsequent Fixed Rate Period, the Partnership will, during such Quarterly Floating Subsequent Fixed Rate Period, Period calculate on each Floating Fixed Rate Calculation Date the Floating Quarterly Annual Fixed Distribution Rate for such Quarterly Floating Subsequent Fixed Rate Period and will, on the Floating Fixed Rate Calculation Date, give written notice thereof to the Holders. Each such determination by the Partnership of the Quarterly Floating Annual Fixed Distribution Rate will, in the absence of manifest error, be final and binding upon the Partnership and upon all Holders of Series 2 3 Preferred Limited Partnership Units. (cd) If on any Distribution Payment Date, the Series 2 3 Distributions accrued to such date are not paid in full on all of the Series 2 3 Preferred Limited Partnership Units then Outstanding, such Series 2 3 Distributions, or the unpaid part thereof, shall be paid on a subsequent date or dates determined by the General Partner on which the Partnership shall have sufficient monies properly applicable to the payment of legally available for such Series 2 Distributions3 Distributions under Bermuda law. (de) The Holders shall not be entitled to any distributions other than or in excess of the Series 2 3 Distributions. (ef) The Record Date for the payment of Series 2 3 Distributions will be the last Business Day of the calendar month prior to the calendar month during which a Distribution Payment Date falls, or such other record date if any, as may be fixed by the General Partner.

Appears in 1 contract

Sources: Limited Partnership Agreement (Brookfield Infrastructure Partners L.P.)