Common use of Pursuant to Section 4 Clause in Contracts

Pursuant to Section 4. 02(a) of the Partnership Agreement, effective as of May 18, 2011, the issuance date of the Series B Preferred Shares by the General Partner, the Partnership hereby issues 4,600,000 Series B Preferred Partnership Units to the General Partner. The Series B Preferred Partnership Units have been created and are being issued in conjunction with the General Partner’s issuance of the Series B Preferred Shares, and as such, the Series B Preferred Partnership Units are intended to have designations, preferences and other rights, all such that the economic interests are substantially identical to the designations, preferences and other rights of the Series B Preferred Shares, and the terms of this Fourth Amendment, including without limitation the attached Annex B, shall be interpreted in a fashion consistent with this intent. In return for the issuance to the General Partner of the Series B Preferred Partnership Units, the General Partner has contributed to the Partnership the funds raised through its issuance of the Series B Preferred Shares (the General Partner’s capital contribution shall be deemed to equal the amount of the gross proceeds of that share issuance (i.e., the net proceeds actually contributed, plus any underwriter’s discount or other expenses incurred, with any such discount or expense deemed to have been incurred by the General Partner on behalf of the Partnership)).

Pursuant to Section 4. 02(a) of the Partnership Agreement, effective as of May 18August 5, 20112005, the issuance date of the Series B A Preferred Shares Partnership Units by the General Partner, the Partnership hereby issues 4,600,000 2,400,000 Series B A Preferred Partnership Units to the General Partner. The Series B A Preferred Partnership Units have been created and are being issued in conjunction with the General Partner’s issuance of the Series B A Preferred Shares, and as such, the Series B A Preferred Partnership Units are intended to have designations, preferences and other rights, all such that the economic interests are substantially identical to the designations, preferences and other rights of the Series B A Preferred Shares, and the terms of this Fourth Third Amendment, including without limitation the attached Annex BA, shall be interpreted in a fashion consistent with this intent. In return for the issuance to the General Partner of the Series B A Preferred Partnership Units, the General Partner has contributed to the Partnership the funds raised through its issuance of the Series B A Preferred Shares Partnership Units (the General Partner’s capital contribution shall be deemed to equal the amount of the gross proceeds of that share issuance (i.e., the net proceeds actually contributed, plus any underwriter’s discount or other expenses incurred, with any such discount or expense deemed to have been incurred by the General Partner on behalf of the Partnership)).

Pursuant to Section 4. 02(a) of the Partnership Agreement, effective as of May 18, 2011, the issuance date of the Series B D Preferred Shares by the General Partner, the Partnership hereby issues 4,600,000 Series B D Preferred Partnership Units to the General PartnerPartner in the amount shown on Schedule I hereto, which Schedule I may be amended by the General Partner in its sole discretion at any time, but in no event shall the number of Series D Preferred Partnership Units exceed 8,050,000. The Series B D Preferred Partnership Units have been created and are being issued in conjunction with the General Partner’s issuance of the Series B D Preferred Shares, and as such, the Series B D Preferred Partnership Units are intended to have designations, preferences and other rights, all such that the economic interests are substantially identical to the designations, preferences and other rights of the Series B D Preferred Shares, and the terms of this Fourth Eighth Amendment, including without limitation the attached Annex BD, shall be interpreted in a fashion consistent with this intent. In return for the issuance to the General Partner of the Series B D Preferred Partnership Units, the General Partner has contributed to the Partnership the funds raised through its issuance of the Series B D Preferred Shares (the General Partner’s capital contribution shall be deemed to equal the amount of the gross proceeds of that share issuance (i.e., the net proceeds actually contributed, plus any underwriter’s discount or other expenses incurred, with any such discount or expense deemed to have been incurred by the General Partner on behalf of the Partnership)).

Pursuant to Section 4. 02(a) of the Partnership Agreement, effective as of May 18April 27, 20112004, the issuance date of the Series B Preferred Shares by the General Partner, the Partnership hereby issues 4,600,000 2,500,000 Series B Preferred Partnership Units to the General Partner. Partner as provided in EXHIBIT E. The Series B Preferred Partnership Units have been created and are being issued in conjunction with the General Partner’s issuance of the Series B Preferred Shares, and as such, the Series B Preferred Partnership Units are intended to have designations, preferences and other rights, all such that the economic interests are substantially identical similar to the designations, preferences and other rights of the Series B Preferred Shares, and the terms of this Fourth Amendment, including without limitation the attached Annex BEXHIBIT E, shall be interpreted in a fashion consistent with this intent. In return for the issuance to the General Partner of the Series B Preferred Partnership Units, the General Partner has contributed to the Partnership the funds raised through its issuance of the Series B Preferred Shares (the General Partner’s capital contribution shall be deemed to equal the amount of the gross proceeds of that share issuance (i.e., the net proceeds actually contributed, plus any underwriter’s discount or other expenses incurred, with any such discount or expense deemed to have been incurred by the General Partner on behalf of the Partnership)).

Pursuant to Section 4. 02(a) of the Partnership Agreement, effective as of May 18March 6, 20112013, the issuance date of the Series B C Preferred Shares by the General Partner, the Partnership hereby issues 4,600,000 3,000,000 Series B C Preferred Partnership Units to the General Partner. The Series B C Preferred Partnership Units have been created and are being issued in conjunction with the General Partner’s issuance of the Series B C Preferred Shares, and as such, the Series B C Preferred Partnership Units are intended to have designations, preferences and other rights, all such that the economic interests are substantially identical to the designations, preferences and other rights of the Series B C Preferred Shares, and the terms of this Fourth Fifth Amendment, including without limitation the attached Annex B, shall be interpreted in a fashion consistent with this intent. In return for the issuance to the General Partner of the Series B C Preferred Partnership Units, the General Partner has contributed to the Partnership the funds raised through its issuance of the Series B C Preferred Shares (the General Partner’s capital contribution shall be deemed to equal the amount of the gross proceeds of that share issuance (i.e., the net proceeds actually contributed, plus any underwriter’s discount or other expenses incurred, with any such discount or expense deemed to have been incurred by the General Partner on behalf of the Partnership)).

Pursuant to Section 4. 02(a) of the Partnership Agreement, effective as of May 18, 2011, the issuance date of the Series B E Preferred Shares by the General Partner, the Partnership hereby issues 4,600,000 Series B E Preferred Partnership Units to the General PartnerPartner in the amount shown on Schedule I hereto, which Schedule I may be amended by the General Partner in its sole discretion at any time, but in no event shall the number of Series E Preferred Partnership Units exceed 4,600,000. The Series B E Preferred Partnership Units have been created and are being issued in conjunction with the General Partner’s issuance of the Series B E Preferred Shares, and as such, the Series B E Preferred Partnership Units are intended to have designations, preferences and other rights, all such that the economic interests are substantially identical to the designations, preferences and other rights of the Series B E Preferred Shares, and the terms of this Fourth Ninth Amendment, including without limitation the attached Annex BE, shall be interpreted in a fashion consistent with this intent. In return for the issuance to the General Partner of the Series B E Preferred Partnership Units, the General Partner has contributed to the Partnership the funds raised through its issuance of the Series B E Preferred Shares (the General Partner’s capital contribution shall be deemed to equal the amount of the gross proceeds of that share issuance (i.e., the net proceeds actually contributed, plus any underwriter’s discount or other expenses incurred, with any such discount or expense deemed to have been incurred by the General Partner on behalf of the Partnership)).

Pursuant to Section 4. 02(a) of the Partnership Agreement, effective as of May 18December 11, 20112003, the issuance date of the Series B A Preferred Shares by the General Partner, the Partnership hereby issues 4,600,000 3,950,000 Series B A Preferred Partnership Units to the General Partner. Partner as provided in EXHIBIT D. The Series B A Preferred Partnership Units have been created and are being issued in conjunction with the General Partner’s issuance of the Series B A Preferred Shares, and as such, the Series B A Preferred Partnership Units are intended to have designations, preferences and other rights, all such that the economic interests are substantially identical similar to the designations, preferences and other rights of the Series B A Preferred Shares, and the terms of this Fourth Amendment, including without limitation the attached Annex BEXHIBIT D, shall be interpreted in a fashion consistent with this intent. In return for the issuance to the General Partner of the Series B A Preferred Partnership Units, the General Partner has contributed to the Partnership the funds raised through its issuance of the Series B A Preferred Shares (the General Partner’s capital contribution shall be deemed to equal the amount of the gross proceeds of that share issuance (issuance, i.e., the net proceeds actually contributed, plus any underwriter’s discount or other expenses incurred, with any such discount or expense deemed to have been incurred by the General Partner on behalf of the Partnership)).

Pursuant to Section 4. 02(a) of the Partnership Agreement, effective as of May 18April 15, 20112004, the issuance date of the Series B Preferred Shares Monthly Income Notes by the General Partner, the Partnership hereby issues 4,600,000 Series B 5,000,000 Monthly Income Preferred Partnership Units to the General Partner. Partner having the terms, conditions and rights provided in EXHIBIT F. The Series B Monthly Income Preferred Partnership Units have been created and are being issued in conjunction with the General Partner’s issuance of the Series B Preferred SharesMonthly Income Notes, and and, as such, the Series B Monthly Income Preferred Partnership Units are intended to have designations, preferences terms and other rights, all such that the economic interests are substantially identical to the designations, preferences conditions and other rights that, while constituting equity interests in the Partnership, correspond to those of the Series B Preferred Shares, and the Monthly Income Notes. The terms of this Fourth Amendment, including without limitation the attached Annex BEXHIBIT F, shall be interpreted in a fashion consistent with this intent. In return for the issuance to the General Partner of the Series B Monthly Income Preferred Partnership Units, the General Partner has contributed to the Partnership the funds raised through its issuance and sale of the Series B Preferred Shares Monthly Income Notes. (In accordance with Section 4.02(b) of the Agreement, the General Partner’s capital contribution shall be deemed to equal the amount of the gross proceeds of that share the issuance and sale of the Monthly Income Notes (i.e., the net proceeds actually contributed, plus any underwriter’s discount or other expenses incurred, with any such discount or expense deemed to have been incurred by the General Partner on behalf of the Partnership)).

Pursuant to Section 4. 02(a) of the Partnership Agreement, effective as of May 184, 20112004, the issuance date of the 100,000 Series B Preferred Shares by the General Partner, the Partnership hereby issues 4,600,000 100,000 Series B Preferred Partnership Units to the General Partner. Partner as provided in EXHIBIT E. The Series B Preferred Partnership Units have been created and are being issued in conjunction with the General Partner’s issuance of the 100,000 Series B Preferred SharesShares issued on May 4, 2004, and as such, the Series B Preferred Partnership Units are intended to have designations, preferences and other rights, all such that the economic interests are substantially identical similar to the designations, preferences and other rights of the Series B Preferred Shares, and the terms of this Fourth Amendment, including without limitation the attached Annex BEXHIBIT E, shall be interpreted in a fashion consistent with this intent. In return for the issuance to the General Partner of the 100,000 Series B Preferred Partnership Units, the General Partner has contributed to the Partnership the funds raised through its issuance of the 100,000 Series B Preferred Shares (on May 4, 2004, with the General Partner’s capital contribution shall be hereby deemed to equal the amount of the gross proceeds of that share issuance (i.e., the net proceeds actually contributed, plus any underwriter’s discount or other expenses incurred, with any such discount or expense deemed to have been incurred by the General Partner on behalf of the Partnership)).