Common use of Priority as to Distributions Clause in Contracts

Priority as to Distributions. 1. So long as any Series A Preferred Units are outstanding, no distribution of cash or other property shall be authorized, declared, paid or set apart for payment on or with respect to any class or series of Partnership Interest of the Partnership ranking junior as to the payment of distributions to the Series A Preferred Units (collectively, "Junior Units"), nor shall any cash or other property (other than capital stock of the General Partner which corresponds in ranking to the Partnership Interests being acquired) be set aside for or applied to the purchase, redemption or other acquisition for consideration of any Series A Preferred Units or any Junior Units, unless, in each case, all distributions accumulated on all Series A Preferred Units have been paid in full. 2. So long as distributions have not been paid in full (or a sum sufficient for such full payment is not so set apart) upon the Series A Preferred Units, all distributions authorized and declared on the Series A Preferred Units shall be authorized and declared so that the amount of distributions authorized and declared per Series A Preferred Unit shall in all cases bear to each other the same ratio that accrued distributions per Series A Preferred Unit bear to each other. 3. Notwithstanding anything to the contrary set forth herein, distributions on Partnership Interests held by the General Partner ranking junior to or on parity with the Series A Preferred Units may be made, without preserving the priority of distributions described in Sections (iii).C.(1) and (2), but only to the extent such distributions are required to preserve the real estate investment trust status of the General Partner.

Priority as to Distributions. 1. So long as any Series A E Preferred Units are outstanding, no distribution of cash or other property shall be authorized, declared, paid or set apart for payment on or with respect to any class or series of Partnership Interest of the Partnership ranking junior as to the payment of distributions or rights upon a voluntary or involuntary liquidation, dissolution or winding-up of the Partnership to the Series A E Preferred Units (collectively, "Units Junior Unitsto Series E"), nor shall any cash or other property (other than capital stock of the General Partner which corresponds in ranking to the Partnership Interests being acquired) be set aside for or applied to the purchase, redemption or other acquisition for consideration of any Series A E Preferred Units, any Series E Parity Preferred Units or any Units Junior Unitsto Series E, unless, in each case, all distributions accumulated on all Series A E Preferred Units and all classes and series of outstanding Series E Parity Preferred Units have been paid in full. 2. So long as The foregoing sentence will not prohibit (a) distributions have not been paid payable solely in full (or a sum sufficient for such full payment is not so set apart) upon Partnership Units ranking junior to the Series A E Preferred UnitsUnits as to distributions and upon liquidation, all distributions authorized and declared on winding-up or dissolution, (b) the conversion of Units Junior to Series E or Series E Parity Preferred Units into Partnership Units ranking junior to the Series A E Preferred Units shall be authorized as to distributions and declared so that upon liquidation, winding-up or dissolution or (c) the amount redemption of distributions authorized and declared per Series A Preferred Unit shall in all cases bear to each other the same ratio that accrued distributions per Series A Preferred Unit bear to each other. 3. Notwithstanding anything to the contrary set forth herein, distributions on Partnership Interests held corresponding to any Series E Preferred Shares (as hereinafter defined), Parity Preferred Shares (as such term is defined in the Charter) or Junior Shares (as such term is defined in the Charter) to be purchased by the General Partner ranking junior pursuant to or on parity with Article 3 of the Series A Preferred Units may be made, without preserving Declaration of Trust of the priority of distributions described in Sections General Partner (iii).C.(1the "Charter") and (2), but only to the extent such distributions are required to preserve the General Partner's status as a real estate investment trust status trust, provided that such redemption shall be upon the same terms as the corresponding purchase pursuant to Article 3 of the General PartnerCharter.

Priority as to Distributions. 1. (i) So long as any Series A Preferred Units are outstanding, no distribution of cash or other property shall be authorized, declared, paid or set apart for payment on or with respect to any class or series of Partnership Interest of the Partnership ranking junior as to the payment of distributions or rights upon a voluntary or involuntary liquidation, dissolution or winding-up of the Partnership to the Series A Preferred Units (collectively, "Junior UnitsJUNIOR UNITS"), nor shall any cash or other property (other than capital stock of the General Partner which corresponds in ranking to the Partnership Interests being acquired) be set aside for or applied to the purchase, redemption or other acquisition for consideration of any Series A Preferred Units, any Parity Preferred Units or any Junior Units, unless, in each case, all distributions accumulated on all Series A Preferred Units and all classes and series of outstanding Parity Preferred Units have been paid in full. 2. So long as The foregoing sentence shall not prohibit (x) distributions have not been paid payable solely in full Junior Units, (y) the conversion of Junior Units or a sum sufficient for such full payment is not so set apart) upon the Parity Preferred Units into Partnership Interests corresponding to any Series A Preferred Units, all distributions authorized and declared on or (z) the redemption of Partnership Interests corresponding to any Series A Preferred Units shall Stock, Parity Preferred Stock or Junior Stock to be authorized and declared so that the amount of distributions authorized and declared per Series A Preferred Unit shall in all cases bear to each other the same ratio that accrued distributions per Series A Preferred Unit bear to each other. 3. Notwithstanding anything to the contrary set forth herein, distributions on Partnership Interests held purchased by the General Partner ranking junior pursuant to or on parity with the Series A Preferred Units may be made, without preserving the priority of distributions described in Sections (iii).C.(1) and (2), but only to the extent such distributions are required to preserve the real estate investment trust status Article NINTH of the General Partner.Charter)to

Priority as to Distributions. (1. ) So long as any Series A Preferred Units are outstanding, no distribution of cash or other property shall be authorized, declared, paid or set apart for payment on or with respect to any class or series of Partnership Interest of the Partnership Membership Interests ranking junior to or on parity with the Preferred Units as to the payment of distributions to the Series A Preferred Units Unit Distributions (collectively, "“Junior Units"”), nor shall any cash or other property (other than capital stock Shares of the General Partner Managing Member which corresponds in ranking to the Partnership Membership Interests being acquired) be set aside for or applied to the purchase, redemption or other acquisition for consideration of any Series A Preferred Units Units, Membership Interests ranking on parity with the Preferred Units, or any Junior Units, unless, in each case, all Accumulated Preferred Unit Distributions (including, without limitation, any such distributions accumulated on all Series A Preferred Units in respect of the then-current Distribution Period) have been paid in fullfull or an amount for the payment thereof has been set apart for payment. (2. So long as distributions have not been paid in full (or a sum sufficient for such full payment is not so set apart) upon the Series A Preferred Units, all distributions authorized and declared on the Series A Preferred Units shall be authorized and declared so that the amount of distributions authorized and declared per Series A Preferred Unit shall in all cases bear to each other the same ratio that accrued distributions per Series A Preferred Unit bear to each other. 3. Notwithstanding anything to the contrary set forth herein, distributions on Partnership Membership Interests held by the General Partner Managing Member ranking junior to or on parity with the Series A Preferred Units may be made, without preserving the priority of distributions described in Sections (iii).C.(115.2(c)(1) and (2), but only to the extent such distributions are required to preserve the real estate investment trust REIT status of the General PartnerManaging Member.