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HomeMy WebLinkAbout1208 The Limited Partner ayrees that it shall not, directly or indirectly, acquire (other than through the receipt of a pro rata dividend to all holders of the same class) any more of the securities referred to below its sig~ature to its Subscription Agreement, or, in the case of the initial Limited Partner, this Agreement, or any other securities of the General Partners or any corporate aFfiliate (within the meaning of Section 1504(a) of the Code) of the General Partners without the General Partners' prior written consent. The Limited Partner further agrees to advise the General Partners in writing promptly after the disposition of any securities reflected in its above-mentioned statement or thereafter acquired with the pxior written consent of the General Partners. The Partners agree tnat, if the Limited Partner shall misrepresent the matters speci~ied in Paragraph (d} of tnis Paragraph 27, or otherwise violaCe the provisioas oE this Paragraph 27, a measure of the damages therefor shall be the after-tax effects on the other Partners of any reclassification or termination of the Partnership for Federal income tax purposes resulting ~from such misrepresentation or violation and the reasonable expenses of defending against any such reclassification or attempted reclassification or assertion of a termination resulting from such misrepresentation or violation. 28. Entire Agreement. This Agree~ent contains the entire understan~ing Ge~weer~ ~rie G~nerai ~aCtnecs and the Limited Partner and superse~es any prior written or oral agreements between them respecting the within subject matter. 1'here are no representati~ns, agreements, arrangements or understanaings, oral or written, between and among the Partners hereto relating to the subject matter of this Agreement whi~h are not fully expressed herein. 29. Amendment. This Agreement is subject to amen~ment only with the consent of both General Partners and 75$ of the Limited Partner, and such amendment shall be effective as of such date as rnay be determined by them. It contains the entire agreement beLween the parties and supersedes all prior writings or representa~ions_ 30. Agreement in Counterparts. Notwithsr_anding any of the foregoing, this Agreernent may be executed in several counterparts ana a11 so executed shall constitute one agreement, binding on all parties, notwithstanding that all the parties are not signatory of the original or the same counterpart. - 31. Gender. The gender of pronouns as used herein, where the context requires, shall be deemed to include the masculine, feminine andjor neuter. - ~ 8 - ~~~x 350 ~~~E 12~D7