Common use of Exceptions to Exercise of Redemption Right Clause in Contracts

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i) and (ii) above, a Partner shall not be entitled to exercise the Series D-1 Redemption Right if (but only as long as) the delivery of Series D-1 Preferred Shares to such Partner on the Series D-1 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 Redemption Right).

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i) and (ii) above, a Partner shall not be entitled to exercise the Series D-1 D-12 Redemption Right if (but only as long as) the delivery of Series D-1 D-12 Preferred Shares to such Partner on the Series D-1 D-12 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 D-12 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 D-12 Redemption Right).

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i) and (ii) above, a Partner shall not be entitled to exercise the Series D-1 D-10 Redemption Right if (but only as long as) the delivery of Series D-1 D-10 Preferred Shares to such Partner on the Series D-1 D-10 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 D-10 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 D-10 Redemption Right).

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i) and (ii) above, a Partner shall not be entitled to exercise the Series D-1 D-11 Redemption Right if (but only as long as) the delivery of Series D-1 D-11 Preferred Shares to such Partner on the Series D-1 D-11 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 D-11 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 D-11 Redemption Right).

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i) and (ii) above, a Partner shall not be entitled to exercise the Series D-1 D-3 Redemption Right if (but only as long as) the delivery of Series D-1 D-3 Preferred Shares to such Partner on the Series D-1 D-3 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 D-3 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 D-3 Redemption Right).

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i) and (ii) above, a Partner shall not be entitled to exercise the Series D-1 D-2 Redemption Right if (but only as long as) the delivery of Series D-1 D-2 Preferred Shares to such Partner on the Series D-1 D-2 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 D-2 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 D-2 Redemption Right).

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i) and (ii) above, a Partner shall not be entitled to exercise the Series D-1 D-5 Redemption Right if (but only as long as) the delivery of Series D-1 D-5 Preferred Shares to such Partner on the Series D-1 D-5 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 D-5 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 D-5 Redemption Right).

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i) and (ii) above, a Partner shall not be entitled to exercise the Series D-1 D-7 Redemption Right if (but only as long as) the delivery of Series D-1 D-7 Preferred Shares to such Partner on the Series D-1 D-7 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 D-7 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 D-7 Redemption Right).

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i) and (ii) above, a Partner shall not be entitled to exercise the Series D-1 D-9 Redemption Right if (but only as long as) the delivery of Series D-1 D-9 Preferred Shares to such Partner on the Series D-1 D-9 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 D-9 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 D-9 Redemption Right).

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i1) and (ii2) above, a Partner shall not be entitled to exercise the Series D-1 D-14 Redemption Right if (but only as long as) the delivery of Series D-1 D-14 Preferred Shares to such Partner on the Series D-1 D-14 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 D-14 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 D-14 Redemption Right).

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i) and (ii) above, a Partner shall not be entitled to exercise the Series D-1 D-6 Redemption Right if (but only as long as) the delivery of Series D-1 D-6 Preferred Shares to such Partner on the Series D-1 D-6 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 D-6 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 D-6 Redemption Right).

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i) and (ii) above, a Partner shall not be entitled to exercise the Series D-1 D-8 Redemption Right if (but only as long as) the delivery of Series D-1 D-8 Preferred Shares to such Partner on the Series D-1 D-8 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 D-8 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 D-8 Redemption Right).

Exceptions to Exercise of Redemption Right. Notwithstanding the provisions of paragraphs (i) and (ii) above, a Partner shall not be entitled to exercise the Series D-1 D-15 Redemption Right if (but only as long as) the delivery of Series D-1 D-15 Preferred Shares to such Partner on the Series D-1 D-15 Specified Redemption Date (a) would be prohibited under the Declaration of Trust, or (b) as long as the Common Shares or any previously issued Series D-1 D-15 Preferred Shares are Publicly Traded, would be prohibited under applicable federal or state securities laws or regulations (assuming the General Partner would in fact assume and satisfy the Series D-1 D-15 Redemption Right).