Item 2. Unregistered Sales of Equity Securities
Item 2. Unregistered Sales of Equity Securities and Use of Proceeds
(a)
None
(b)
None
(c)
Issuer Purchase of Equity Securities during the third quarter of 2023:
Remaining number
Depositary Receipts
of Depositary Receipts
Purchased as Part
that may be purchased
Average
of Publicly
Under the Plan
Period
Price Paid
Announced Plan
(as Amended)
July 1-31, 2023
$
72.85
1,448
495,816
August 1-31, 2023
$
73.48
12,731
483,085
September 1-30, 2023
$
69.33
777
482,308
Total
14,956
On August 20, 2007, NewReal, Inc., the General Partner authorized an equity repurchase program (“Repurchase Program”) under which the Partnership was permitted to purchase, over a period of twelve months, up to 300,000 Depositary Receipts (each of which is one-tenth of a Class A Unit). Over time, the General Partner has authorized increases in the equity repurchase program. On March 10, 2015, the General Partner authorized an increase in the Repurchase Program from 1,500,000 to 2,000,000 Depository Receipts and extended the Program for an additional five years from March 31, 2015 until March 31, 2020. On March 9, 2020, the General Partner extended the program for an additional five years from March 31, 2020 to March 31, 2025. The Repurchase Program requires the Partnership to repurchase a proportionate number of Class B Units and General Partner Units in connection with any repurchases of any Depositary Receipts by the Partnership based upon the 80%,19% and 1% fixed distribution percentages of the holders of the Class A, Class B and General Partner Units under the Partnership’s Second Amended and Restated Contract of Limited Partnership. Repurchases of Depositary Receipts or Partnership Units pursuant to the Repurchase Program may be made by the Partnership from time to time in its sole discretion in open market transactions or in privately negotiated transactions. From August 20, 2007 through September 30, 2023, the Partnership has repurchased 1,517,690 Depositary Receipts at an average price of $30.96 per receipt (or $928.8 per underlying Class A Unit), 4,279 Class B Units and 225 General Partnership Units, both at an average price of $1,236.00 per Unit, totaling approximately $53,153,000 including brokerage fees paid by the Partnership .
During the nine months ended September 30, 2023, the Partnership purchased a total of 29,230 Depositary Receipts. The average price was $72.71 per receipt or $2,181 per unit. The cost including commission was $2,127,000. The Partnership was required to repurchase 232 Class B Units and 12 General Partnership units at a cost of $503,706 and $26,511 respectively.
Item 3. Defaults Upon Senior Securities
None.
Item 4. Mine Safety Disclosure
Not applicable.
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