Common use of Required Content of Certain Reports Clause in Contracts

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that, (a) in the case of the Secured Notes, (i) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (b) in the case of the Subordinated Notes, are Qualified Institutional Buyers or Institutional Accredited Investors and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in the case of clauses (a) and (b), can make the representations set forth in Section 2.5 of this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of this Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of this Indenture.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note Security shall contain, or be accompanied by, the following notices: The Notes Securities may be beneficially owned only by Persons that, that are (a) in the case of the Secured Notes, both (i) are not “U.S. persons Persons” (within the meaning as defined in Regulation S) outside of Regulation S under the United States Securities Act of 1933, as amended) in reliance on Regulation S and are purchasing their beneficial interest in an offshore transaction or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (b) in the case of the Subordinated Notes, are both (i) Qualified Institutional Buyers or Institutional Accredited Investors and either (ii) Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in the case of clauses (a) and (bPurchaser), can make the representations set forth in Section 2.5 of this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes the Securities that does not meet the qualifications set forth in the preceding sentence to sell its interest in such NotesSecurities, or may sell such interest on behalf of such owner, pursuant to Section 2.112.12 of this Indenture in the case of the Secured Debt or pursuant to Section 2.6 of the Fiscal Agency Agreement in the case of the Preferred Shares. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, Securities; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Securities that is permitted by the terms of this Indenture the Transaction Documents to acquire such holder’s Notes Securities and that agrees to keep such information confidential in accordance with the terms of this Indenturethe Transaction Documents.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that, that (a) in the case of the Secured Notes, Notes (i) are Qualified Purchasers that are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are (x) Qualified Institutional Buyers or Buyers, (y) Institutional Accredited Investors or (z) Accredited Investors and (A) Qualified Purchasers (in the case of (x) and (y) above) or Knowledgeable Employees with respect to the Issuer or the Collateral Manager (with respect to (z) above) or (B) corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser affiliated with the Collateral Manager and/or a Knowledgeable Employee with respect to the Issuer or the Collateral Manager or (b) in the case of the Subordinated Notes, are (x) Qualified Institutional Buyers Buyers, (y) Institutional Accredited Investors or Institutional (z) Accredited Investors and either (A) Qualified Purchasers (in the case of (x) and (y) above) or Knowledgeable Employees with respect to the Issuer or the Collateral Manager (in the case of (z) above) or (B) corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser affiliated with the Collateral Manager and/or a Knowledgeable Employee with respect to the Issuer or Collateral Manager and (c) in the case of clauses (a) and (b), can make the representations set forth in Section 2.5 of this Indenture or the appropriate Exhibit to this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, ; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of this Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of this Indenture.

Required Content of Certain Reports. Each Monthly Payment Date Report and each Distribution or Daily Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: “The Notes have not been and will not be registered under the United States Securities Act of 1933, as amended (the “Securities Act”). The Notes may be beneficially owned only by Persons that, (a) in the case of the Secured Notes, that (i) (A) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amendedAct) and are purchasing who purchased their beneficial interest in an offshore transaction or (iiB) (I) are both (1) (x) a Qualified Institutional Buyers Purchaser, within the meaning of the Investment Company Act of 1940, as amended, and the rules thereunder or Institutional Accredited Investors and (y) an entity owned (or in the case of Qualified Purchasers, beneficially owned) exclusively by Qualified Purchasers or corporations, partnerships, limited liability companies or other entities and (other than trusts2) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (bx) in the case of a Person that is an initial purchaser of the Subordinated Notes, are an Accredited Investor, within the meaning of Rule 105(a) under the Securities Act, or a Qualified Institutional Buyers Buyer or Institutional Accredited Investors and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (cy) in the case of clauses a Person who becomes a beneficial owner subsequent to the date of the Indenture, a Qualified Institutional Buyer that is not a broker-dealer which owns and invests on a discretionary basis less than U.S.$25,000,000 in securities of issuers that are not affiliated persons of the dealer and is not a plan referred to in paragraph (aa)(1)(i)(d) or (a)(1)(i)(e) of Rule 144A under the Securities Act or a trust fund referred to in paragraph (a)(1)(i)(f) of Rule 144A under the Securities Act that holds the assets of such a plan, if investment decisions with respect to the plan are made by beneficiaries of the plan, who is purchasing the Notes in reliance on the exemption from Securities Act registration provided by Rule 144A thereunder and (b), II) can make the representations set forth in Section 2.5 of this Indenturethe Indenture and, if applicable, the appropriate Exhibit B to the Indenture and (c) otherwise comply with the restrictions set forth in the applicable Note legends. The Issuer has the right to compel any In addition, (i) beneficial owner of an interest ownership interests in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence may only be transferred to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Person that is permitted both a Qualified Institutional Buyer and a Qualified Purchaser or a Person beneficially owned exclusively by the terms of this Indenture to acquire such holder’s Qualified Purchasers and (ii) Certificated Notes may only be owned by a Person that is both a Qualified Institutional Buyer and that agrees to keep such information confidential in accordance with the terms of this Indenture.a Qualified Purchaser or a Person

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note Security shall contain, or be accompanied by, the following notices: The Notes Securities may be beneficially owned only by Persons that, that are (a) not “U.S. Persons” (as defined in the case Regulation S) outside of the Secured Notes, (i) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction or (ii) are reliance on Regulation S that is also a Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers Purchaser or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser Purchaser) or (b) in the case of the Subordinated Notes, are both (i) Qualified Institutional Buyers or Institutional Accredited Investors and either (ii) Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in the case of clauses (a) and (bPurchaser), can make the representations set forth in Section 2.5 of this Indenture. The Applicable Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes the Securities that does not meet the qualifications set forth in the preceding sentence to sell its interest in such NotesSecurities, or may sell such interest on behalf of such owner, pursuant to Section 2.112.12 of the Indenture in the case of the Secured Notes or pursuant to Section 2.6 of the Fiscal Agency Agreement in the case of the Preferred Shares. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, Securities; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Securities that is permitted by the terms of this Indenture the Transaction Documents to acquire such holder’s Notes Securities and that agrees to keep such information confidential in accordance with the terms of this Indenturethe Transaction Documents.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note Notes shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that, that (a) in the case of the Secured Notes, Notes (i) are Qualified Purchasers that are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser Purchaser) or (b) in the case of the Subordinated Notes, are Qualified Institutional Buyers or Institutional Accredited Investors and either Qualified Purchasers Purchasers, Knowledgeable Employees with respect to the Issuer, the Collateral Manager or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser or a Knowledgeable Employee with respect to the Issuer or Collateral Manager and (c) in the case of clauses (a) and (b), can make the representations set forth in Section 2.5 of this Indenture or the appropriate Exhibit to this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, ; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of this Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of this Indenture.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that, that (a) in the case of the Secured Notes, Notes (i) are Qualified Purchasers that are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser Purchaser) or (b) in the case of the Subordinated NotesNotes (i) are Qualified Purchasers that are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and either Qualified Purchasers Purchasers, Knowledgeable Employees with respect to the Issuer, Collateral Manager or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser or a Knowledgeable Employee with respect to the Issuer or Collateral Manager and (c) in the case of clauses (a) and (b), can make the representations set forth in Section 2.5 of this Indenture or the appropriate Exhibit to this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, ; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s 's Notes that is permitted by the terms of this Indenture to acquire such holder’s 's Notes and that agrees to keep such information confidential in accordance with the terms of this Indenture.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note Security shall contain, or be accompanied by, the following notices: The Notes Securities may be beneficially owned only by Persons that, that are (a) in the case of the Secured Notes, both (i) are not “U.S. persons Persons” (within the meaning as defined in Regulation S) outside of Regulation S under the United States Securities Act of 1933, as amended) in reliance on Regulation S and are purchasing their beneficial interest in an offshore transaction or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (b) in the case of the Subordinated Notes, are both (i) Qualified Institutional Buyers or Institutional Accredited Investors and either (ii) Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in the case of clauses (a) and (bPurchaser), can make the representations set forth in Section 2.5 of this Indenture. The Applicable Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes the Securities that does not meet the qualifications set forth in the preceding sentence to sell its interest in such NotesSecurities, or may sell such interest on behalf of such owner, pursuant to Section 2.112.12 of the Indenture in the case of the Secured Notes or pursuant to Section 2.6 of the Fiscal Agency Agreement in the case of the Preferred Shares. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, Securities; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Securities that is permitted by the terms of this Indenture the Transaction Documents to acquire such holder’s Notes Securities and that agrees to keep such information confidential in accordance with the terms of this Indenturethe Transaction Documents.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that, (a) that in the case of the Secured Notes, Notes (i) are Qualified Purchasers that are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser or (b) in the case of the Subordinated Notes, are Qualified Institutional Buyers or Institutional Accredited Investors and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in the case of clauses (aPurchaser) and (b), can make the representations set forth in Section 2.5 of this Indenture or the appropriate Exhibit to this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes or Regulation S Global Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, ; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of this the Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of this the Indenture.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: 150 The Notes may be beneficially owned only by Persons that, that (a) in the case are Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser who are also (1) with respect to the Secured Notes, (i) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction or (iiii)(x) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trustsy) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (b) solely in the case of the Certificated Secured Notes, institutional “accredited investors” within the meaning set forth in Rule 501(a)(1), (2), (3) or (7) of Regulation D under the Securities Act and (2) with respect to the Certificated Subordinated Notes, are (i) Qualified Institutional Buyers or (ii) Organizing Entities that are either (x) Institutional Accredited Investors or (y) not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) are purchasing their beneficial interest in the case of clauses (a) an offshore transaction and (b), ) can make the representations set forth in Section 2.5 of this Indenture or the appropriate Exhibit to this Indenture. Beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of the preceding sentence. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public non -public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, ; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of this Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of this Indenture.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note Debt shall contain, or be accompanied by, the following notices: The Notes Debt may be beneficially owned only by Persons that, that (a) in the case of the Secured Notes, Debt (i) are Qualified Purchasers that are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser Purchaser) or (b) in the case of the Subordinated Notes, are Qualified Institutional Buyers or Institutional Accredited Investors and either Qualified Purchasers Purchasers, Knowledgeable Employees with respect to the Issuer, the Collateral Manager or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser or a Knowledgeable Employee with respect to the Issuer or Collateral Manager and (c) in the case of clauses (a) and (b), can make the representations set forth in Section 2.5 of this Indenture or the appropriate Exhibit to this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, Debt; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Debt that is permitted by the terms of this Indenture to acquire such holder’s Notes Debt and that agrees to keep such information confidential in accordance with the terms of this Indenture.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that, that (a) in the case of the Secured Notes, Notes (i) are Qualified Purchasers that are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are (x) Qualified Institutional Buyers or Buyers, (y) Institutional Accredited Investors or (z) Accredited Investors and (A) Qualified Purchasers (in the case of (x) and (y) above) or Knowledgeable Employees with respect to the Issuer or the Collateral Manager (with respect to (z) above) or (B) corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser affiliated with the Collateral Manager and/or a Knowledgeable Employee with respect to the Issuer or the Collateral Manager or (b) in the case of the Subordinated Notes, are (x) Qualified Institutional Buyers or (y) Institutional Accredited Investors or (z) Accredited Investors and either (A) Qualified Purchasers (in the case of (x) and (y) above) or Knowledgeable Employees with respect to the Issuer or the Collateral Manager (in the case of (z) above) or (B) corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser affiliated with the Collateral Manager and/or a Knowledgeable Employee with respect to the Issuer or Collateral Manager and (c) in the case of clauses (a) and (b), can make the representations set forth in Section 2.5 of this Indenture or the appropriate Exhibit to this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, ; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of this Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of this Indenture.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that, (a) in the case of the Secured Notes, (i) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (b) in the case of the Subordinated Notes, are Qualified Institutional Buyers or Institutional Accredited Investors and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in the case of clauses (a) and (b), can make the representations set forth in Section 2.5 of this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s 's Notes that is permitted by the terms of this Indenture to acquire such holder’s 's Notes and that agrees to keep such information confidential in accordance with the terms of this Indenture.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that, that (a) in the case of the Secured Notes other than in the case of the Subordinated Notes, are (i) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are Qualified Institutional Buyers or or, solely in the case of Notes issued as Certificated Notes, Institutional Accredited Investors and, that in the case of each of clause (i) and (ii) are Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser Purchaser), or (b) in the case of the Subordinated Notes, Notes are (i) Qualified Institutional Buyers or Institutional Accredited Investors and (ii) either Qualified Purchasers or Knowledgeable Employees with respect to the Issuer, Collateral Manager or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser or a Knowledgeable Employee with respect to the Issuer or Collateral Manager and (c) in the case of clauses (a) and (b), can make the representations set forth in Section 2.5 of this Indenture or the appropriate Exhibit to this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, ; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes that is permitted by the terms of this Indenture to acquire such holder’s Notes and that agrees to keep such information confidential in accordance with the terms of this Indenture.

Required Content of Certain Reports. Each Monthly Payment Date Report and each Distribution Daily Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: “The Notes have not been and will not be registered under the United States Securities Act of 1933, as amended (the “Securities Act”). The Notes may be beneficially owned only by Persons that, that (a) in the case of the Secured Notes, (iA) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amendedAct) and are purchasing who purchased their beneficial interest in an offshore transaction or (iiB) (I) are both (1) (x) a Qualified Institutional Buyers Purchaser, within the meaning of the Investment Company Act of 1940, as amended, and the rules thereunder or Institutional Accredited Investors and (y) an entity owned (or in the case of Qualified Purchasers, beneficially owned) exclusively by Qualified Purchasers or corporations, partnerships, limited liability companies or other entities and (other than trusts2) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (bx) in the case of a Person that is an initial purchaser of the Subordinated Notes, are an Accredited Investor, within the meaning of Rule 501(a) under the Securities Act, or a Qualified Institutional Buyers Buyer or Institutional Accredited Investors and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (cy) in the case of clauses a Person who becomes a beneficial owner subsequent to the date of the Indenture, a Qualified Institutional Buyer that is not a broker-dealer which owns and invests on a discretionary basis less than $25,000,000 in securities of issuers that are not affiliated persons of the dealer and is not a plan referred to in paragraph (aa)(1)(i)(d) or (a)(1)(i)(e) of Rule 144A under the Securities Act or a trust fund referred to in paragraph (a)(1)(i)(f) of Rule 144A under the Securities Act that holds the assets of such a plan, if investment decisions with respect to the plan are made by beneficiaries of the plan, who is purchasing the Notes in reliance on the exemption from Securities Act registration provided by Rule 144A thereunder and (b), II) can make the representations set forth in Section 2.5 of this Indenturethe Indenture and, if applicable, the appropriate Exhibit B to the Indenture and (C) otherwise comply with the restrictions set forth in the applicable Note legends. In addition, (a) beneficial ownership interests in Rule 144A Global Notes may only be transferred to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser or a Person beneficially owned exclusively by Qualified Purchasers and (b) Certificated Notes may only be owned by a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser or a Person beneficially owned exclusively by a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser, and, in each case, that can make the representations referred to in clause (B) of the preceding sentence. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes a Note that does not meet the qualifications set forth in the preceding sentence sentences to sell its interest in such NotesNote, or may sell such interest on behalf of such owner, pursuant to Section 2.112.11 of the Indenture. Each holder Holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, provided that any holder Holder may provide such information on a confidential basis to any prospective purchaser purchaser, or financing provider, of such holderHolder’s Notes that such Holder reasonably believes is permitted by the terms of this the Indenture to acquire such holderHolder’s Notes and that agrees to keep such information confidential in accordance with the terms of this IndentureNotes.”

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note Security shall contain, or be accompanied by, the following notices: The Notes Securities may be beneficially owned only by Persons that, that are (a) in the case of the Secured Notes, both (i) are not "U.S. persons Persons" (within the meaning as defined in Regulation S) outside of Regulation S under the United States Securities Act of 1933, as amended) in reliance on Regulation S and are purchasing their beneficial interest in an offshore transaction or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (b) in the case of the Subordinated Notes, are both (i) Qualified Institutional Buyers or Institutional Accredited Investors and either (ii) Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in the case of clauses (a) and (bPurchaser), can make the representations set forth in Section 2.5 of this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes the Securities that does not meet the qualifications set forth in the preceding sentence to sell its interest in such NotesSecurities, or may sell such interest on behalf of such owner, pursuant to Section 2.112.12 of this Indenture in the case of the Notes or pursuant to Section 2.6 of the Fiscal Agency Agreement in the case of the Preferred Shares. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, Securities; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Securities that is permitted by the terms of this Indenture the Transaction Documents to acquire such holder’s Notes Securities and that agrees to keep such information confidential in accordance with the terms of this Indenturethe Transaction Documents.

Required Content of Certain Reports. Each Monthly Payment Date Report and each Distribution or Daily Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: “The Notes have not been and will not be registered under the United States Securities Act of 1933, as amended (the “Securities Act”). The Notes may be beneficially owned only by Persons that, (a) in the case of the Secured Notes, that (i) (A) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amendedAct) and are purchasing who purchased their beneficial interest in an offshore transaction or (iiB) (I) are both (1) (x) a Qualified Institutional Buyers Purchaser, within the meaning of the Investment Company Act of 1940, as amended, and the rules thereunder or Institutional Accredited Investors and (y) an entity owned (or in the case of Qualified Purchasers, beneficially owned) exclusively by Qualified Purchasers or corporations, partnerships, limited liability companies or other entities and (other than trusts2) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (bx) in the case of a Person that is an initial purchaser of the Subordinated Notes, are an Accredited Investor, within the meaning of Rule 105(a) under the Securities Act, or a Qualified Institutional Buyers Buyer or Institutional Accredited Investors and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (cy) in the case of clauses a Person who becomes a beneficial owner subsequent to the date of the Indenture, a Qualified Institutional Buyer that is not a broker-dealer which owns and invests on a discretionary basis less than U.S.$25,000,000 in securities of issuers that are not affiliated persons of the dealer and is not a plan referred to in paragraph (aa)(1)(i)(d) or (a)(1)(i)(e) of Rule 144A under the Securities Act or a trust fund referred to in paragraph (a)(1)(i)(f) of Rule 144A under the Securities Act that holds the assets of such a plan, if investment decisions with respect to the plan are made by beneficiaries of the plan, who is purchasing the Notes in reliance on the exemption from Securities Act registration provided by Rule 144A thereunder and (b), II) can make the representations set forth in Section 2.5 of this Indenturethe Indenture and, if applicable, the appropriate Exhibit B to the Indenture and (c) otherwise comply with the restrictions set forth in the applicable Note legends. The Issuer has the right to compel any In addition, (i) beneficial owner of an interest ownership interests in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence may only be transferred to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Person that is permitted by the terms of this Indenture to acquire such holder’s Notes both a Qualified Institutional Buyer and that agrees to keep such information confidential in accordance with the terms of this Indenture.a Qualified Purchaser or a Person

Required Content of Certain Reports. Each Monthly Payment Date Report and each Distribution or Daily Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: “The Notes have not been and will not be registered under the United States Securities Act of 1933, as amended (the “Securities Act”). The Notes may be beneficially owned only by Persons that, (a) in the case of the Secured Notes, that (i) (A) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amendedAct) and are purchasing who purchased their beneficial interest in an offshore transaction or (iiB) (I) are both (1) (x) a Qualified Institutional Buyers Purchaser, within the meaning of the Investment Company Act of 1940, as amended, and the rules thereunder or Institutional Accredited Investors and (y) an entity owned (or in the case of Qualified Purchasers, beneficially owned) exclusively by Qualified Purchasers or corporations, partnerships, limited liability companies or other entities and (other than trusts2) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (bx) in the case of a Person that is an initial purchaser of the Subordinated Notes, are an Accredited Investor, within the meaning of Rule 105(a) under the Securities Act, or a Qualified Institutional Buyers Buyer or Institutional Accredited Investors and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (cy) in the case of clauses a Person who becomes a beneficial owner subsequent to the date of the Indenture, a Qualified Institutional Buyer that is not a broker-dealer which owns and invests on a discretionary basis less than U.S.$25,000,000 in securities of issuers that are not affiliated persons of the dealer and is not a plan referred to in paragraph (aa)(1)(i)(d) or (a)(1)(i)(e) of Rule 144A under the Securities Act or a trust fund referred to in paragraph (a)(1)(i)(f) of Rule 144A under the Securities Act that holds the assets of such a plan, if investment decisions with respect to the plan are made by beneficiaries of the plan, who is purchasing the Notes in reliance on the exemption from Securities Act registration provided by Rule 144A thereunder and (b), II) can make the representations set forth in Section 2.5 of this Indenturethe Indenture and, if applicable, the appropriate Exhibit B to the Indenture and (c) otherwise comply with the restrictions set forth in the applicable Note legends. The Issuer has the right to compel any In addition, (i) beneficial owner of an interest ownership interests in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence may only be transferred to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Person that is permitted both a Qualified Institutional Buyer and a Qualified Purchaser or a Person beneficially owned exclusively by the terms of this Indenture to acquire such holder’s Qualified Purchasers and (ii) Certificated Notes and that agrees to keep such information confidential in accordance with the terms of this Indenture.may only be owned by a Person

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note an Obligation shall contain, or be accompanied by, the following notices: The Notes Obligations may be beneficially owned only by Persons that, (a) in the case of the Secured Notes, (i) that are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction or (ii) in the United States, that are either (A) both (1) qualified institutional buyers ("Qualified Institutional Buyers or Institutional Accredited Investors Buyers") within the meaning of Rule 144A and (2) qualified purchasers (as defined in Section 2(a)(51) of the Investment Company Act) ("Qualified Purchasers or corporationsPurchasers"), partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (bB) (in the case of Certificated Secured Notes and Certificated Subordinated Notes only) both (1) institutional accredited investors meeting the Subordinated Notesrequirements of Rule 501(a)(1), are Qualified Institutional Buyers (2), (3) or Institutional Accredited Investors and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts7) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and under the Securities Act (c) in the case of clauses (a"IAIs") and (2) Qualified Purchasers, and (b), ) can make the representations set forth in Section 2.5 of 2.6 or the appropriate Exhibit to this Indenture. Except as provided in clause (C) of the preceding sentence, beneficial ownership interests in the Rule 144A Global Secured Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (ii) of the preceding sentence. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence such clauses to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.112.12. Each holder Holder or beneficial owner of an Obligation receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the NotesNote; provided, provided that any holder such Holder or beneficial owner may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Holder's or beneficial owner's Obligations that is permitted by the terms of this Indenture to acquire such holder’s Notes Holder's or beneficial owner's Obligations and that agrees to keep such information confidential in accordance with the terms of this Indenture.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note Debt shall contain, or be accompanied by, the following notices: The Notes Securities may be beneficially owned only by Persons that, that are (a) in the case of the Secured Notes, both (i) are not “U.S. persons Persons” (within the meaning as defined in Regulation S) outside of Regulation S under the United States Securities Act of 1933, as amended) in reliance on Regulation S and are purchasing their beneficial interest in an offshore transaction or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser or (b) in the case of the Subordinated Notes, are both (i) Qualified Institutional Buyers or Institutional Accredited Investors and either (ii) Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in the case of clauses (a) and (bPurchaser), can make the representations set forth in Section 2.5 of this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes the Securities that does not meet the qualifications set forth in the preceding sentence to sell its interest in such NotesSecurities, or may sell such interest on behalf of such owner, pursuant to Section 2.112.12 of the Indenture in the case of the Secured Debt or pursuant to Section 2.6 of the Fiscal Agency Agreement in the case of the Preferred Shares. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, Securities; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Securities that is permitted by the terms of this Indenture the Transaction Documents to acquire such holder’s Notes Securities and that agrees to keep such information confidential in accordance with the terms of this Indenturethe Transaction Documents.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that, that (a) in the case of the Secured Notes, (ia)(i) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction or transaction, (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser QIB/QPs or (biii) solely in the case of the Class C Notes, Class D Notes, Class E Notes, Class F Notes and Subordinated Notes, are Qualified Institutional Buyers (x) QIB/QPS or Institutional (y)(I) Knowledgeable Employees or entities owned exclusively by Knowledgeable Employees that are also (II) Accredited Investors and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in the case of clauses (a) and (b), ) can make the representations set forth in Section 2.5 or the appropriate Exhibit hereto. Beneficial ownership interests in the Rule 144A Global Notes may be transferred only to a Person that is both a Qualified Institutional Buyer and a Qualified Purchaser and that can make the representations referred to in clause (b) of this Indenturethe preceding sentence. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such NotesNotes or to assign each such Note a separate CUSIP or CUSIPs in the Issuer's sole discretion, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s 's Notes that is permitted by the terms of this the Indenture to acquire such holder’s 's Notes and that agrees to keep such information confidential in accordance with the terms of this the Indenture.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that, that (a) in the case of the Secured Notes, Notes (i) are Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser) that are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction (as defined in Regulation S) or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser Purchaser) or (b) in the case of the Subordinated Notes, Notes are Qualified Institutional Buyers or Institutional Accredited Investors and either Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser), Knowledgeable Employees with respect to the Issuer, the Collateral Manager or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser or a Knowledgeable Employee with respect to the Issuer or Collateral Manager and (c) in the case of clauses (a) and (b), can make the representations set forth in Section 2.5 of this Indenture or the appropriate Exhibit to this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, Debt; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes 's Debt that is permitted by the terms of this Indenture to acquire such holder’s Notes 's Debt and that agrees to keep such information confidential in accordance with the terms of this Indenture.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note Security shall contain, or be accompanied by, the following notices: The Notes Securities may be beneficially owned only by Persons that, that are (a) not “U.S. Persons” (as defined in the case Regulation S) outside of the Secured Notes, (i) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and in reliance on Regulation S that are purchasing their beneficial interest in an offshore transaction or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and also Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser Purchaser) or (b) in the case of the Subordinated Notes, are both (i) Qualified Institutional Buyers or Institutional Accredited Investors and either (ii) Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in the case of clauses (a) and (bPurchaser), can make the representations set forth in Section 2.5 of this Indenture. The Applicable Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes the Securities that does not meet the qualifications set forth in the preceding sentence to sell its interest in such NotesSecurities, or may sell such interest on behalf of such owner, pursuant to Section 2.112.12 of the Indenture in the case of the Secured Notes or pursuant to Section 2.6 of the Fiscal Agency Agreement in the case of the Preferred Shares. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, Securities; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Securities that is permitted by the terms of this Indenture the Transaction Documents to acquire such holder’s Notes Securities and that agrees to keep such information confidential in accordance with the terms of this Indenturethe Transaction Documents.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note any Debt shall contain, or be accompanied by, the following notices: The Notes Debt may be beneficially owned only by Persons that, that are (a) in other than with respect to the case of the Secured Subordinated Notes, (i) Qualified Purchasers that are not “U.S. persons persons” (within the meaning of as defined in Regulation S under the United States Securities Act of 1933, as amendedS) and are purchasing their beneficial interest outside of the United States in an offshore transaction or reliance on Regulation S, (iib) are both (i) Qualified Institutional Buyers or or, solely in the case of Notes issued as Certificated Notes, Institutional Accredited Investors and (ii) Qualified Purchasers (or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser Purchaser) or (bc) solely in the case of the Subordinated Notes issued as Certificated Notes, are Qualified Institutional Buyers or Institutional other Accredited Investors and either Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is a Qualified Purchaser and (c) in that are Knowledgeable Employees with respect to the case of clauses (a) and (b), can make the representations set forth in Section 2.5 of this IndentureIssuer. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.112.11 hereof. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, Debt; provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s Notes Debt that is permitted by the terms of this Indenture hereof to acquire such holder’s Notes Debt and that agrees to keep such information confidential in accordance with the terms of this Indenturehereof.

Required Content of Certain Reports. Each Monthly Report and each Distribution Report sent to any Holder or beneficial owner of an interest in a Note shall contain, or be accompanied by, the following notices: The Notes may be beneficially owned only by Persons that, that (a) in the case of the Secured Notes, Notes (i) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction or (ii) are Qualified Institutional Buyers or Institutional Accredited Investors and Qualified Purchasers or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser or (b) in the case of the Subordinated NotesNotes (i) are not U.S. persons (within the meaning of Regulation S under the United States Securities Act of 1933, as amended) and are purchasing their beneficial interest in an offshore transaction or (ii) are Qualified Institutional Buyers or Buyers, Institutional Accredited Investors or Accredited Investors that are also Knowledgeable Employees with respect to the Issuer and either Qualified Purchasers Purchasers, Knowledgeable Employees with respect to the Issuer or corporations, partnerships, limited liability companies or other entities (other than trusts) each shareholder, partner, member or other equity owner of which is either a Qualified Purchaser or a Knowledgeable Employee with respect to the Issuer and (c) in the case of clauses (a) and (b), can make the representations set forth in Section 2.5 of this Indenture. The Issuer has the right to compel any beneficial owner of an interest in Rule 144A Global Secured Notes that does not meet the qualifications set forth in the preceding sentence to sell its interest in such Notes, or may sell such interest on behalf of such owner, pursuant to Section 2.11. Each holder receiving this report agrees to keep all non-public information herein confidential and not to use such information for any purpose other than its evaluation of its investment in the Notes, provided that any holder may provide such information on a confidential basis to any prospective purchaser of such holder’s 's Notes that is permitted by the terms of this Indenture to acquire such holder’s 's Notes and that agrees to keep such information confidential in accordance with the terms of this Indenture.