Common use of Parties Clause in Contracts

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Investment Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representativesRepresentative, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representativesRepresentative, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersRepresentative and the Companies, the Fund, the Adviser and their respective partners and successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers officers, employees, agents and directors referred to in Sections 6 and 7 Section 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners and successors, successors and said controlling persons and officers, employees, agents and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement or in the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties hereto and thereto and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundOperating Partnership, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundOperating Partnership, the Adviser and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundOperating Partnership, the Adviser and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser and the Administrator and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser and the Administrator and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundTrust, and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections Section 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Capital Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement or in the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties hereto and thereto and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersRepresentative and the Companies, the Fund, the Adviser and their respective partners and successorssuccessors or assigns. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto or thereto and their respective successors and the controlling persons and officers officers, employees, agents and directors referred to in Sections 6 and 7 Section 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners and successors, successors and said controlling persons and officers, employees, agents and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, directors officers and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Investment Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantor and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriters and Chevy Chase, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or nor shall it be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto or thereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in with respect of to this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties and their respective partners successors and successors, and said such controlling persons and officers, officers and directors and their heirs and legal representatives, representatives (to the extent of their rights as specified herein and therein) and except as provided above for the benefit of no other person, firm or corporation. No purchaser of Shares Certificates from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Fund and the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Fund and the Adviser and their respective successors and the controlling persons and officers directors, officers, members and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, each of the Adviser Advisers and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Advisers and their respective successors and the controlling persons and officers officers, directors and directors managing member referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser Advisers and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter the Underwriters shall be deemed to be a successor merely by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections Section 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and officers directors, officers, agents, Affiliates and directors employees referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and directors, officers, directors agents, Affiliates and employees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors successors, affiliates (as indicated) and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, affiliates (as indicated) and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholders and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of ------- and be binding upon the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser New Fortress Energy Parties and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser New Fortress Energy Parties and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser New Fortress Energy Parties and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Manager and their respective successors successors, Affiliates, selling agents and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Manager and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Parent Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Parent Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Parent Guarantor and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Advisor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Advisor and their respective successors and the controlling persons and officers and directors officers, directors, employees or Affiliates referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Advisor and their respective partners and successors, and said controlling persons and officers, directors directors, employees or Affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporationPerson. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Selling Stockholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Selling Stockholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and persons, Affiliates, selling agents, officers and directors referred to in Sections 6 SECTION 7 and 7 SECTION 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons persons, Affiliates, selling agents, officers and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Wachovia and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriters and the Trust, the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections Section 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Capital Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Selling Stockholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the FundCompany and the Operating Partnership, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the FundCompany and the Operating Partnership, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the FundCompany and the Operating Partnership, the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Depositor and their its respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Depositor and their its respective successors and the controlling persons persons, directors and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, Underwriters any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Depositor and their its respective partners and successors, and said the controlling persons and officerspersons, directors and officers referred to in Sections 7 and 8 and their heirs and legal representatives, Underwriters and for the benefit of no other person, firm or corporation. No purchaser of Shares Offered Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriter and the Fund, Company and the Adviser Selling Shareholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholders and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons within the meaning of Section 15 of the 1933 Act and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners successors and successorsassigns, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers officers, trustees and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriter and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, trustees and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundTrust, the Adviser Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundTrust, the Adviser Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundTrust, the Adviser Guarantor and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Manager and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and 8 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Manager and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the FundCompany, the Adviser Adviser, the Administrator and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the FundCompany, the Adviser Adviser, the Administrator and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the FundCompany, the Adviser Adviser, the Administrator and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors and the successors, Affiliates, partners, selling agents, controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said Affiliates, partners, selling agents, controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement and the Pricing Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement or in the Pricing Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser parties hereto and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and the Pricing Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties hereto and xxxxxxx and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Advisor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Advisor and their respective successors and the controlling persons and officers and directors officers, directors, employees or Affiliates referred to in Sections 6 Section 7 and 7 Section 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Advisor and their respective partners and successors, and said controlling persons and officers, directors directors, employees or Affiliates and their heirs and legal representatives, and for the benefit of no other person, firm or corporationPerson. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Guarantors and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Guarantors and the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein containedcontained herein. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors, successors and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Guarantor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantor and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantor and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of ------- and be binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, the Adviser and their respective successors and the controlling persons and officers officers, directors and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representativesrepresentative, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser and their respective partners and successors, and said controlling persons and officers, directors and their heirs and legal representativesrepresentative, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Trust and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and 8 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Carvana Parties and each of their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Carvana Parties and each of their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Carvana Parties and each of their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and ------- be binding upon the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, U.S. Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any U.S. Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective successors and the controlling persons and officers directors, officers, members and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, Company and the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriters and the Fund, the Adviser Company and their respective successors and the controlling persons persons, Affiliates, selling agents, officers, directors and officers and directors employees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and persons, Affiliates, selling agents, officers, directors and employees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Wachovia and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors, and said controlling persons personx xxx xxficers and officers, directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Manager and the Administrator and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Manager and the Administrator and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Investment Adviser and the Adviser Fund and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Investment Adviser and the Adviser Fund and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Investment Adviser and the Adviser Fund and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and MLMLI and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and MLMLI and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and MLMLI and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Fund and the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Fund and the Adviser and their respective successors and the controlling persons and officers directors, officers, members and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Preferred Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser CONE Parties and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser CONE Parties and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser CONE Parties and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser PAFM and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser PAFM and their respective successors and the controlling persons and officers and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser PAFM and their respective partners and successors, and said controlling persons and officers, trustees and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the FundCompany and the Selling Shareholder, the Adviser and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, the Adviser Investment Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Fund and the Adviser Investment Manager and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser Investment Manager and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Investment Manager and their respective partners and its successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Investment Manager and their respective its successors and the controlling persons persons, affiliates and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Investment and their respective partners and its successors, and said controlling persons persons, affiliates and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Selling Stockholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Selling Stockholders and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Selling Stockholders and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter and the Trust, the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, Underwriter and the Fund, Trust and the Adviser Company and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections 6 and 7 and their heirs and legal representativesUnderwriter, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, Underwriter and the Fund, Trust and the Adviser Company and their respective partners and successors, and said controlling persons and officers, directors and trustees and their heirs and legal representativesUnderwriter, and for the benefit of no other person, firm or corporation. No purchaser of Shares Capital Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, and the Adviser Historic Partners and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, and the Adviser Historic Partners and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, and the Adviser Historic Partners and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, the Adviser Company and Wachovia and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Wachovia and their respective successors and the controlling persons and officers and directors referred to in Sections 6 8 and 7 9 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Xxxxxxxx and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Underwritten Certificates from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Manager and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Manager and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Manager and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, Underwriters and the Fund, Operating Partnership and the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Operating Partnership and the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Operating Partnership and the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Underwriting Agreement shall each inure to the benefit of and be binding upon the UnderwritersCompany, NAI, the Fund, Representative and the Adviser other Underwriters and their respective partners and successors. Nothing expressed or mentioned in this Underwriting Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser NAI and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Underwriting Agreement or any provision herein contained. This Underwriting Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties hereto and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Carvana Parties and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Carvana Parties and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Carvana Parties and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser QEP Entities and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser QEP Entities and their respective successors and the controlling persons and officers and directors other indemnified parties referred to in Sections 6 and 7 and their successors, heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser QEP Entities and their respective partners and successors, and said controlling persons and officers, directors other indemnified parties and their successors, heirs and legal representatives, and for the benefit of no other person, firm person or corporationentity. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Trust and the Adviser Advisors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Trust and the Adviser Advisors and their respective successors and the controlling persons and officers directors, officers, members and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Trust and the Adviser Advisors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, the Adviser Company and Clearway LLC and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Company and Clearway LLC and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser Company and Clearway LLC and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter the Underwriters shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCompany, the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 hereof and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be ------- binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, the Adviser and their respective successors and the controlling persons and officers officers, trustees and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, directors trustees and general partner and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Shareholder and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the Underwriters, the Fund, each of the Adviser Advisers and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, the Adviser Advisers and their respective successors and the controlling persons and officers officers, directors and directors general partner referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Fund and the Adviser Advisers and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any Underwriter the Underwriters shall be deemed to be a successor merely by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be ------- binding upon the UnderwritersUnderwriter, the Fund, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, the Adviser and their respective successors and the controlling persons and officers officers, trustees and directors general partner referred to in Sections 6 7 and 7 8 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Fund and the Adviser and their respective partners and successors, and said controlling persons and officers, directors trustees and general partner and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor merely by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of ------- and be binding upon the Underwriters, BJK&E and the Fund, the Adviser Company and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, BJK&E and the Fund, the Adviser Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, BJK&E and the Fund, the Adviser Company and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriters and the Company, the Fund, the Adviser Operating Partnership and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriters and the Company, the Fund, the Adviser Operating Partnership and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriters and the Company, the Fund, the Adviser Operating Partnership and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the Fund, Company and the Adviser Guarantors and their respective successors and the controlling persons and officers and directors referred to in Sections Section 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, Company and the Adviser Guarantors and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the FundTransferor, the Adviser Ryder and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundTransferor, the Adviser Ryder and their respective successors and the controlling persons persons, directors and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, representatives any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundTransferor, the Adviser Ryder and their respective partners and successors, and said the controlling persons and officerspersons, directors and officers referred to in Sections 6 and 7 and their heirs and legal representatives, representatives and for the benefit of no other person, firm or corporation. No purchaser of Shares Senior Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon each of the Underwriters, the FundCarMax, the Adviser Depositor and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCarMax, the Adviser Depositor and their respective successors and the controlling persons persons, directors and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, representatives any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the FundCarMax, the Adviser Depositor and their respective partners and successors, and said the controlling persons and officerspersons, directors and officers referred to in Sections 6 and 7 and their heirs and legal representatives, representatives and for the benefit of no other person, firm or corporation. No purchaser of Shares Notes from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Underwriting Agreement shall each inure to the benefit of and be binding upon the Underwriters, the FundCompany, the Adviser and their respective partners and successors. Nothing expressed or mentioned in this Underwriting Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters, the FundCompany, the Adviser and their respective successors and the controlling persons and officers officers, directors and directors trustees referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Underwriting Agreement or any provision herein contained. This Underwriting Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters, the Fund, the Adviser parties hereto and their respective partners and successors, and said controlling persons and officers, directors and trustees and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

Parties. This Agreement shall each inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholders and their respective partners and successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholders and their respective successors and the controlling persons and officers and directors referred to in Sections Section 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the UnderwritersUnderwriter, the Fund, Company and the Adviser Selling Stockholders and their respective partners and successors, and said controlling persons and officers, officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Shares from any the Underwriter shall be deemed to be a successor by reason merely of such purchase.