Common use of Operation in Accordance with REOC/REIT Requirements Clause in Contracts

Operation in Accordance with REOC/REIT Requirements. 5.15.1 The Members acknowledge that BR Member or one or more of its Affiliates (an “BR Affiliate”) intends to qualify as a “real estate operating company” or “venture capital operating company” within the meaning of U.S. Department of Labor Regulation 29 C.F.R. §2510.3-101 (a “REOC”), and agree that the Company and its Subsidiaries shall be operated in a manner that will enable BR Member and such BR Affiliate to so qualify; provided, however, in no event shall the foregoing require any loss of voting or decision rights to the Stonehenge Member or result in any adverse economic rights of the Stonehenge Member. Except as disclosed to BR Member, Stonehenge Member (a) shall not fund any Capital Contribution with the ‘plan assets’ of any ‘employee benefit plan’ within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended, or any ‘plan’ as defined by Section 4975 of the Internal Revenue Code of 1986, as amended.

Operation in Accordance with REOC/REIT Requirements. 5.15.1 5.16.1 The Members acknowledge that BR Member or one or more of its Affiliates (an “BR Affiliate”) intends to qualify as a “real estate operating company” or “venture capital operating company” within the meaning of U.S. Department of Labor Regulation 29 C.F.R. §2510.3-101 (a “REOC”), and agree that the Company and its Subsidiaries shall be operated in a manner that will enable BR Member and such BR Affiliate to so qualify; provided, however, in no event shall the foregoing require any loss of voting or decision rights to the Stonehenge Catalyst Member or result in any adverse effect on the economic rights of the Stonehenge Catalyst Member. Except as disclosed to BR Member, Stonehenge Catalyst Member (a) shall not fund any Capital Contribution with the ‘plan assets’ of any ‘employee benefit plan’ within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended, or any ‘plan’ as defined by Section 4975 of the Internal Revenue Code of 1986, as amended.

Operation in Accordance with REOC/REIT Requirements. 5.15.1 5.16.1 The Members acknowledge that BR Member or one or more of its Affiliates (an “BR Affiliate”) intends to qualify as a “real estate operating company” or “venture capital operating company” within the meaning of U.S. Department of Labor Regulation 29 C.F.R. §2510.3-101 (a “REOC”), and agree that the Company and its Subsidiaries shall be operated in a manner that will enable BR Member and such BR Affiliate to so qualify; provided, however, in no event shall the foregoing require any loss of voting or decision rights to the Stonehenge TriBridge Member or result in any adverse effect on the economic rights of the Stonehenge TriBridge Member. Except as disclosed to BR Member, Stonehenge TriBridge Member (a) shall not fund any Capital Contribution with the ‘plan assets’ of any ‘employee benefit plan’ within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended, or any ‘plan’ as defined by Section 4975 of the Internal Revenue Code of 1986, as amended.

Operation in Accordance with REOC/REIT Requirements. 5.15.1 5.16.1 The Members acknowledge that BR Member or one or more of its Affiliates (an “"BR Affiliate”") intends to qualify as a “"real estate operating company” " or “"venture capital operating company” " within the meaning of U.S. Department of Labor Regulation 29 C.F.R. §2510.3-101 (a “"REOC”"), and agree that the Company and its Subsidiaries shall be operated in a manner that will enable BR Member and such BR Affiliate to so qualify; provided, however, in no event shall the foregoing require any loss of voting or decision rights to the Stonehenge Catalyst Member or result in any adverse economic rights of the Stonehenge Catalyst Member. Except as disclosed to BR Member, Stonehenge Catalyst Member (a) shall not fund any Capital Contribution with the ‘'plan assets’ ' of any ‘'employee benefit plan’ ' within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended, or any ‘'plan’ ' as defined by Section 4975 of the Internal Revenue Code of 1986, as amended.