Common use of Pursuant to Sections 4 Clause in Contracts

Pursuant to Sections 4. 02(a) and 4.02(b) of the Partnership Agreement, effective as of the applicable issuance date of any issuance of shares of Series C Preferred Stock by the General Partner, the Partnership will issue Series C Preferred Units to the General Partner in an amount that will be reflected on Schedule A to the Partnership Agreement, as such Schedule A may be amended or restated by the General Partner in its sole discretion from time to time to the extent necessary to reflect such issuances, but in no event shall the aggregate number of Series C Preferred Units issued pursuant to this Amendment exceed 3,680,000 or such greater number of shares of Series C Preferred Stock as may be hereafter authorized for issuance by the General Partner. The Series C Preferred Units have been created and are being issued in conjunction with the General Partner’s issuance and sale of the Series C Preferred Stock, and as such, the Series C Preferred Units are intended to have designations, preferences and other rights and terms that are substantially the same as those of the Series C Preferred Stock, all such that the economic interests of the Series C Preferred Units and the Series C Preferred Stock are substantially similar, and the provisions, terms and conditions of this 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 C Preferred Units, the General Partner has contributed to the Partnership the net proceeds from its issuance and sale of the Series C Preferred Stock (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 Sections 4. 02(a) and 4.02(b) of the Partnership Agreement, effective as of the applicable issuance date of any issuance of shares of Series C A Preferred Stock by the General Partner, the Partnership will issue Series C A Preferred Units to the General Partner in an amount that will be reflected on Schedule A to the Partnership Agreement, as such Schedule A may be amended or restated by the General Partner in its sole discretion from time to time to the extent necessary to reflect such issuances, but in no event shall the aggregate number of Series C A Preferred Units issued pursuant to this Amendment exceed 3,680,000 1,380,000 or such greater number of shares of Series C A Preferred Stock as may be hereafter authorized for issuance by the General Partner. The Series C A Preferred Units have been created and are being issued in conjunction with the General Partner’s issuance and sale of the Series C A Preferred Stock, and as such, the Series C A Preferred Units are intended to have designations, preferences and other rights and terms that are substantially the same as those of the Series C A Preferred Stock, all such that the economic interests of the Series C A Preferred Units and the Series C A Preferred Stock are substantially similar, and the provisions, terms and conditions of this 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 C A Preferred Units, the General Partner has contributed to the Partnership the net proceeds from its issuance and sale of the Series C A Preferred Stock (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 Sections 4. 02(a) and 4.02(b) of the Partnership Agreement, effective as of the applicable issuance date of any issuance of shares of Series C A Preferred Stock by the General Partner, the Partnership will issue Series C A Preferred Units to the General Partner in an amount that will be reflected on Schedule A to the Partnership Agreement, as such Schedule A may be amended or restated by the General Partner in its sole discretion from time to time to the extent necessary to reflect such issuances, but in no event shall the aggregate number of Series C A Preferred Units issued pursuant to this Amendment exceed 3,680,000 4,600,000 or such greater number of shares of Series C A Preferred Stock as may be hereafter authorized for issuance by the General Partner. The Series C A Preferred Units have been created and are being issued in conjunction with the General Partner’s issuance and sale of the Series C A Preferred Stock, and as such, the Series C A Preferred Units are intended to have designations, preferences and other rights and terms that are substantially the same as those of the Series C A Preferred Stock, all such that the economic interests of the Series C A Preferred Units and the Series C A Preferred Stock are substantially similar, and the provisions, terms and conditions of this 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 C A Preferred Units, the General Partner has contributed to the Partnership the net proceeds from its issuance and sale of the Series C A Preferred Stock (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 Sections 4. 02(a) and 4.02(b) of the Partnership Agreement, effective as of the applicable issuance date of any issuance of shares of Series C B Preferred Stock by the General Partner, the Partnership will issue Series C B Preferred Units to the General Partner in an amount that will be reflected on Schedule A to the Partnership Agreement, as such Schedule A may be amended or restated by the General Partner in its sole discretion from time to time to the extent necessary to reflect such issuances, but in no event shall the aggregate number of Series C B Preferred Units issued pursuant to this Amendment exceed 3,680,000 3,450,000 or such greater number of shares of Series C B Preferred Stock as may be hereafter authorized for issuance by the General Partner. The Series C B Preferred Units have been created and are being issued in conjunction with the General Partner’s issuance and sale of the Series C B Preferred Stock, and as such, the Series C B Preferred Units are intended to have designations, preferences and other rights and terms that are substantially the same as those of the Series C B Preferred Stock, all such that the economic interests of the Series C B Preferred Units and the Series C B Preferred Stock are substantially similar, and the provisions, terms and conditions of this 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 C B Preferred Units, the General Partner has contributed to the Partnership the net proceeds from its issuance and sale of the Series C B Preferred Stock (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)).