Description of the Units Sample Clauses

Description of the Units. The Units, when issued and delivered in accordance with the terms of the Partnership Agreement and this Agreement against payment therefor as provided therein and herein, and the Sponsor Units, the General Partner Interest and the Incentive Distribution Rights, when issued and delivered in accordance with the terms of the Partnership Agreement and the Contribution Agreement, will conform in all material respects to the respective statements relating thereto contained in the Registration Statement, the Pricing Disclosure Package or the Prospectus and will be substantially in the form filed as exhibit to the Registration Statement.

Description of the Units. Each Unit consists of one (1) Convertible Debenture and such number of Warrants (as defined herein) as is equal to $1,000 divided by the Conversion Price. A summary of certain terms of the Convertible Debentures and the Warrants are set forth in the Term Sheet; however, reference should be made to the Debenture Certificates and Warrant Certificates for the definitive terms of the Convertible Debentures and the Warrants. In the event of a conflict or inconsistency between the Term Sheet and the Debenture Certificates or Warrant Certificates, the Debenture Certificates and Warrant Certificates shall be paramount and shall govern.

Description of the Units. Each Unit consists of one Unit Share and one half of one Warrant. Each Warrant shall be exercisable for one Warrant Share at an exercise price of $0.25 per Warrant Share until 5:00 p.m. (Toronto time) on the date that is 24 months following the Closing Date. The Securities have not been and will not be registered under the U.S. Securities Act or the securities laws of any state of the United States and may not be offered, sold or delivered, directly or indirectly, in the United States or to any U.S. Person unless an exemption from registration is available.

Description of the Units. We may, from time to time, issue units comprised of one or more of certain other securities that may be offered under this prospectus, in any combination. Each unit may also include debt obligations of third parties, such as U.S. Treasury securities. Each unit will be issued so that the holder of the unit is also the holder of each security included in the unit. Thus, the holder of a unit will have the rights and obligations of a holder of each included security. The unit agreement under which a unit is issued may provide that the securities included in the unit may not be held or transferred separately at any time, or at any time before a specified date. Any prospectus supplement related to any particular units will describe, among other things: • the material terms of the units and of the securities comprising the units, including whether and under what circumstances those securities may be held or transferred separately; • any material provisions relating to the issuance, payment, settlement, transfer or exchange of the units or of the securities comprising the units; • if appropriate, any special United States federal income tax considerations applicable to the units; and • any material provisions of the governing unit agreement that differ from those described above.

Description of the Units. (a) Description of the Units Builder, for and in consideration of the sum to be paid by Owner as hereinafter set forth, agrees to design, engineer, build, launch, equip, outfit, complete and deliver at the shipyard as designated in the attached Exhibits, free and clear from liens, claims and encumbrances, four (4) 135’ x 42’ x 22’ Twin Screw Heavy Fuel Burning Ocean Tugs and four (4) 587’ x 74’ x 40’ Ocean ATB Barges (hereinafter individually referred to as the “Vessel(s)” and a Tug and Barge set is collectively referred to as the “Unit(s)”, each of which is more particularly described on the attached Tug Exhibits “A-1-T”, “A-2-T”, “A-3-T” and “A-4-T” and Barge Exhibits “A-1-B”, “A-2-B”, “A-3-B”, “A-4-B”which shall be constructed in accordance with this Contract , those specifications listed on attached Tug Exhibit “B-1” and Barge Exhibit “B-2” and the Plans and Drawings listed on the attached Tug Exhibit “C-l” and Barge Exhibit “C-2” all of which have concurrently been identified and initialed by the parties hereto and made a part hereof as if fully set forth herein. (The Units referred to in the preceding sentence may be referred to as “Unit No. HFO-1”, “Unit No.HFO-2”, “Unit No.HFO-3” and “Unit No.HFO-4” or “Units 1-4” as the context may require.) For purposes of this Contract, the Contract Documents shall consist of the following documents (as each is defined in the Contract): this Contract, Tug Exhibits A-1-T, A-2-T, A-3-T and A-4-T, Barge Exhibits A-▇-▇, ▇-▇-▇, ▇-▇-▇ and A-4-B, Tug Specifications listed on Exhibits B-1 and Barge Specifications B-2, Plans and Drawings listed on Tug Exhibits C-l and Barge Exhibits C-2, any Change Orders executed pursuant to Article IV hereof and amendments in writing properly signed by the parties. Except for any Owner-furnished equipment and materials as may be listed in the Contract Documents in connection with construction of the Vessels (collectively, the “Owner Furnished Equipment”), Builder agrees to furnish all facilities, labor, tools, equipment and material necessary for the construction and delivery of the Vessels. The Units shall be constructed and completed in a good and workmanlike manner with the use of good commercial shipyard practices and marine engineering and procedures to meet the applicable requirements of regulatory bodies as set forth in the Contract Documents, and certificates evidencing the fact that the Units meet required classifications, shall be furnished by Builder to Owner. The Units are ...

Description of the Units. We may issue, in one or more series, units comprised of shares of our common stock or preferred stock, warrants to purchase common stock or preferred stock, debt securities or any combination of those securities. Each unit will be issued so that the holder of the unit is also the holder of each security included in the unit. Thus, the holder of a unit will have the rights and obligations of a holder of each included security. We may evidence units by unit certificates that we issue under a separate agreement. We may issue the units under a unit agreement between us and one or more unit agents. If we elect to enter into a unit agreement with a unit agent, the unit agent will act solely as our agent in connection with the units and will not assume any obligation or relationship of agency or trust for or with any registered holders of units or beneficial owners of units. We will indicate the name and address and other information regarding the unit agent in the applicable prospectus supplement relating to a particular series of units if we elect to use a unit agent. We will describe in the applicable prospectus supplement the terms of the series of units being offered, including: (i) the designation and terms of the units and of the securities comprising the units, including whether and under what circumstances those securities may be held or transferred separately; (ii) any provisions of the governing unit agreement that differ from those described herein; and (iii) any provisions for the issuance, payment, settlement, transfer or exchange of the units or of the securities comprising the units. The other provisions regarding our common stock, preferred stock, warrants and debt securities as described in this section will apply to each unit to the extent such unit consists of shares of our common stock, preferred stock, warrants and/or debt securities. We may sell the securities covered by this prospectus in one or more of the following ways from time to time: · to or through underwriters or dealers for resale to the purchasers; · directly to purchasers; · through agents or dealers to the purchasers; or · through a combination of any of these methods of sale. In addition, we may enter into derivative or other hedging transactions with third parties, or sell securities not covered by this prospectus to third parties in privately negotiated transactions. The applicable prospectus supplement may indicate that third parties may sell securities covered by this pro...

Description of the Units. (a) Each Unit consists of one Debenture in the principal amount of US$1,000 and 50 Warrants. (b) The Warrants shall be issued pursuant to the terms of the Warrant Indenture. (c) The Warrants shall be evidenced by a definitive Warrant certificate or DRS (the “Warrant Certificate”) to be issued to the Subscriber at the Closing and the specific attributes of the Warrants shall be set forth in the Warrant Certificate. The description of the Warrants contained herein is qualified in its entirety by reference to the Warrant Certificate and the Warrants shall be subject to the terms and conditions of the Warrant Certificate in all respects. (d) The Warrant Indenture shall provide, among other things, that: (i) each Warrant will entitle the holder thereof to acquire one Warrant Share at an exercise price of $2.75 per Warrant Share at any time for a period ending on the date that is eight (8) years from the Closing Date (subject to adjustment in certain customary events). The Warrants will not be permitted to be exercised within the first twelve (12) months from the Closing Date; and (ii) the Warrant Indenture will provide that, from time to time, the Corporation may amend or supplement the Warrant Indenture for certain purposes, without the consent of the holders of the Warrants, including curing defects or inconsistencies or making any change that does not prejudice the rights of any holder. (e) any description of the Warrants set forth in this Subscription Agreement is a summary only and is subject to the provisions of the Warrant Indenture (including the Warrant Certificate(s)). For greater certainty, in the event of any conflict between this Subscription Agreement and the Warrant Indenture in respect of the terms of the Warrants, the Warrant Indenture shall govern. (f) Nothing in the Warrant Indenture or in the holding of a Warrant by a Subscriber, shall confer or be construed as conferring upon a holder of Warrants any right or interest, whatsoever as a shareholder of the Corporation including, but not limited to, the right to vote at, to receive notice of, or to attend meetings of shareholders, or the right to receive dividends or any continuous disclosure materials of the Corporation. Holders of Warrants are entitled to exercise the rights expressly provided for in the Warrant Certificate and the Warrant Indenture on the terms and conditions set forth therein. (g) The Corporation will make commercially reasonable efforts to ensure that the Warrant Shares ar...

Description of the Units. The Condominium is comprised of ----- Units whose locations, designations, approximate areas, initial percentage interests, number of rooms and immediately accessible common areas are set forth in Schedules A, B, C and D attached hereto and on the Condominium floor plans filed herewith (the “Condominium Plans”) bearing the verified statement of a registered architect, registered engineer or registered land surveyor certifying that said Condominium Plans depict fully and accurately the layout, location, Unit numbers and dimensions of the Units, as built. Any Unit Owner may at any time, or from time to time, change the use and designation of any room or space within his Unit, provided such use and designation is consistent with applicable law and with all other provisions hereof.

Description of the Units. Each Unit consists of: (a) A promissory note of the Company in the principal amount of Fifty Thousand Dollars ($50,000), bearing simple interest at the rate of 10% per annum from the Closing (as defined below) (computed on the basis of a 360-day year consisting of twelve 30-day months), substantially in the form set forth in Exhibit A hereto (herein referred to individually as a "Note" and collectively as the "Notes," which terms shall also include any notes delivered in exchange or replacement therefor). The Notes shall mature and the principal and all accrued interest payable thereon shall become due and payable in full on March 31, 1997 (the "Maturity Date"); provided, however, that, in the event the proposed IPO (defined in Section 2) is consummated prior to the Maturity Date, the Note shall be paid within five (5) business days of the date of disbursement of the proceeds of the IPO. The terms of the Notes may be amended by Purchasers holding in the aggregate 50% or more of the outstanding principal amount of the Notes. (b) A warrant to purchase 50,000 shares ("Warrant Shares") of the Company's common stock, $0.01 par value per share ("Common Stock"), exercisable at any time commencing on the later of June 30, 1997 or one year after the effective date of the Registration Statement (defined below) relating to the IPO (the "IPO Effective Date") and terminating thirty-six (36) months thereafter, at a price (as from time to time adjusted) per share of 120% of the price per share to the public of the Common Stock at the IPO (the "IPO Price"), substantially in the form set forth in Exhibit B hereto (herein referred to as a "Warrant" and collectively as the "Warrants") (a Note and a Warrant, together, being a "Unit"). The portion of the Purchase Price allocated to each Warrant