Common use of ASSUMPTION OF OBLIGATIONS AND RELEASE OF INVESTMENT AFFILIATE Clause in Contracts

ASSUMPTION OF OBLIGATIONS AND RELEASE OF INVESTMENT AFFILIATE. The General Partner, on behalf of the Partnership, may without the approval of the Holders of Partnership Preferred Securities, release any Investment Affiliate other than the Company (a "Released Investment Affiliate") from its obligations under an Affiliate Investment Instrument but only upon (A) the receipt of a written instrument of assumption evidencing the assumption by another Investment Affiliate (an "Assuming Investment Affiliate") of all obligations of the Released Investment Affiliate under such Affiliate Investment Instrument, (B) the receipt of a written instrument of the Company evidencing its agreement that its Investment Guarantee will continue to be applicable to such Affiliate Investment Instrument following the assumption and release and (C) the receipt of an opinion of the Independent Financial Advisor that the terms of such Affiliate Investment Instrument would satisfy the Reinvestment Criteria if such Affiliate Investment Instrument were entered into de novo by the Assuming Investment Affiliate on the date of such assumption.

ASSUMPTION OF OBLIGATIONS AND RELEASE OF INVESTMENT AFFILIATE. The General Partner, on behalf of the Partnership, may without the approval of the Holders of Partnership Preferred Securities, release any Investment Affiliate other than the Company HEI (a "Released Investment AffiliateRELEASED INVESTMENT AFFILIATE") from its obligations under an Affiliate Investment Instrument but only upon (A) the receipt of a written instrument of assumption evidencing the assumption by another Investment Affiliate (an "Assuming Investment AffiliateASSUMING INVESTMENT AFFILIATE") of all obligations of the Released Investment Affiliate under such Affiliate Investment Instrument, (B) the receipt of a written instrument of the Company HEI evidencing its agreement that its Investment Guarantee will continue to be applicable to such Affiliate Investment Instrument following the assumption and release and (C) the receipt of an opinion of the Independent Financial Advisor that the terms of such Affiliate Investment Instrument would satisfy the Reinvestment Criteria if such Affiliate Investment Instrument were entered into de novo by the Assuming Investment Affiliate on the date of such assumption.