Common use of FINRA Exemption Clause in Contracts

FINRA Exemption. To enable the Agent to rely on Rule 5110(b)(7)(C)(i) of FINRA, the Company represents that the Company (i) has a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

FINRA Exemption. To enable the Agent to rely on Rule 5110(b)(7)(C)(i) of Financial Industry Regulatory Authority (“FINRA”), the Company represents that the Company (i) has a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

FINRA Exemption. To enable the Agent Agents to rely on Rule 5110(b)(7)(C)(i5110(h)(1)(C) of FINRA, the Company represents that the Company (i) has a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months. Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.

FINRA Exemption. To enable the Agent to rely on Rule 5110(b)(7)(C)(i5110(h)(1)(C) of FINRA, the Company represents that the Company (i) has a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

FINRA Exemption. To enable the Agent Agents to rely on FINRA Rule 5110(b)(7)(C)(i) of FINRA), the Company represents that the Company (i) has a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange 1934 Act reporting requirements for a period of at least 36 months. Any certificate signed by an any officer or other authorized signatory of the Company or the Manager and delivered to the Agent Agents or to counsel for the Agent pursuant to or in connection with this Agreement Agents shall be deemed to be a representation and warranty by the CompanyCompany or the Manager, as applicable, to the Agent Agents as to the matters set forth thereincovered thereby.

FINRA Exemption. To enable the Agent to rely on Rule 5110(b)(7)(C)(i5110(h)(1)(C) of FINRA, the Company represents that the Company (i) has a non-affiliate, public common equity float of at least U.S. $150 million or a non-affiliate, public common equity float of at least U.S. $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

FINRA Exemption. To enable the Agent to rely on Rule 5110(b)(7)(C)(i5110(h)(1)(C) of FINRA, the Company Partnership represents that on the Company date of execution of this Agreement the Partnership (i) has a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months. Any certificate signed by an officer of the Company Partnership and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the CompanyPartnership, as applicable, to the Agent as to the matters set forth therein.

FINRA Exemption. To enable the Agent Agents to rely on Rule 5110(b)(7)(C)(i) of FINRA, the Company represents that the Company (i) has within sixty days of the filing of the Prospectus, the Company had a non-affiliatenonaffiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) the Company has been subject to the Exchange Act reporting requirements for a period of at least 36 months. Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.

FINRA Exemption. To enable the Agent to rely on Rule 5110(b)(7)(C)(i) of FINRA, the Company represents that the Company (i) has a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with by the express terms of this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.

FINRA Exemption. To enable the Agent Agents to rely on Rule 5110(b)(7)(C)(i) of FINRA, the Company represents that the Company (i) has a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months. Any certificate signed by an officer of the Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent Agents as to the matters set forth therein.

FINRA Exemption. To enable the Agent to rely on Rule 5110(b)(7)(C)(i5110(h)(1)(C) of FINRA, the Company represents that the Company Company, within 60 days of the date hereof, (i) has had a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months. Any certificate signed by an officer of the Company and delivered to the Agent or to counsel for the Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to the Agent as to the matters set forth therein.