Common use of Capitalization of the Partnership Clause in Contracts

Capitalization of the Partnership. As of the date hereof, the issued and outstanding limited partner interests of the Partnership consist of 33,995,563 common units representing limited partner interests (“Common Units”), 2,760,000 Series A Fixed-to-Floating Rate Cumulative Redeemable Perpetual Preferred Units representing limited partner interests (“Series A Preferred Units”) and the Incentive Distribution Rights (as such term is defined in the Partnership Agreement). All such Common Units, Series A Preferred Units and Incentive Distribution Rights and the limited partner interests represented thereby have been duly authorized and validly issued in accordance with the Partnership Agreement and are fully paid (to the extent required under the Partnership Agreement) and nonassessable (except as such nonassessability may be affected by Sections 17-303, 17-607 and 17-804 of the Delaware LP Act).

Capitalization of the Partnership. As of the date hereof, the issued and outstanding limited partner interests of the Partnership consist of 33,995,563 common units representing limited partner interests (“186,751,224 Common Units”), 2,760,000 Series 22,640,000 Class A Fixed-to-Floating Rate Cumulative Redeemable Perpetual Preferred Units representing limited partner interests (“Series A Preferred and 11,972,634 Class B Units”) and the Incentive Distribution Rights (, as such term is terms are defined in the Third Amended and Restated Agreement of Limited Partnership of the Partnership (as amended by Amendment No. 1 thereto and as may be further amended or restated at or prior to the Closing Date, the “Partnership Agreement”). All such outstanding Common Units, Series Class A Preferred Units and Incentive Distribution Rights Class B Units and the limited partner interests represented thereby have been duly authorized and validly issued in accordance with the Partnership Agreement and are fully paid (to the extent required under the Partnership Agreement) and nonassessable (except as such nonassessability may be affected by Sections 17-303, 17-607 and 17-804 of the Delaware LP ActAct and as otherwise described in the Prospectus).

Capitalization of the Partnership. As At the Closing Date, assuming no issuance of the date hereofOption Units, the issued and outstanding limited partner partnership interests of the Partnership will consist of 33,995,563 common units representing limited partner interests (“20,254,185 Common Units”), 2,760,000 Series A Fixed-to-Floating Rate Cumulative Redeemable Perpetual Preferred Units representing limited partner interests (“Series A 12,213,713 Subordinated Units, 1,769,915 Preferred Units”) and , the GP Interest, the Incentive Distribution Rights and any limited partner interests issued pursuant to the long-term incentive plan of the General Partner (as such term is defined in the Partnership Agreement“LTIP”). All such outstanding Common Units, Series A Subordinated Units, Preferred Units and Incentive Distribution Rights and the limited partner interests represented thereby have been duly authorized and validly issued in accordance with the Partnership Agreement and are fully paid (to the extent required under the Partnership Agreement) and nonassessable (except as such nonassessability may be affected by Sections 17-303, 17-607 and 17-804 of the Delaware LP ActAct and as otherwise disclosed in the most recent Preliminary Prospectus).

Capitalization of the Partnership. As of the date hereof, the issued and outstanding limited partner interests of the Partnership consist of 33,995,563 common units representing limited partner interests (“110,694,138 Common Units”), 2,760,000 Series 22,640,000 Class A Fixed-to-Floating Rate Cumulative Redeemable Perpetual Preferred Units representing limited partner interests (“Series A Preferred and 20,000,000 Class B Units”) and the Incentive Distribution Rights (, as such term is terms are defined in the Third Amended and Restated Agreement of Limited Partnership of the Partnership (as amended by Amendment No. 1 thereto and as may be further amended or restated at or prior to the Closing Date, the “Partnership Agreement”). All such outstanding Common Units, Series Class A Preferred Units and Incentive Distribution Rights Class B Units and the limited partner interests represented thereby have been duly authorized and validly issued in accordance with the Partnership Agreement and are fully paid (to the extent required under the Partnership Agreement) and nonassessable (except as such nonassessability may be affected by Sections 17-303, 17-607 and 17-804 of the Delaware LP ActAct and as otherwise described in the Prospectus).

Capitalization of the Partnership. As of the date hereof, the issued and outstanding limited partner interests of the Partnership consist of 33,995,563 common units representing limited partner interests (“184,036,767 Common Units”), 2,760,000 Series 22,640,000 Class A Fixed-to-Floating Rate Cumulative Redeemable Perpetual Preferred Units representing limited partner interests (“Series A Preferred and 11,972,634 Class B Units”) and the Incentive Distribution Rights (, as such term is terms are defined in the Third Amended and Restated Agreement of Limited Partnership of the Partnership (as amended by Amendment No. 1 thereto and as may be further amended or restated at or prior to the Closing Date, the “Partnership Agreement”). All such outstanding Common Units, Series Class A Preferred Units and Incentive Distribution Rights Class B Units and the limited partner interests represented thereby have been duly authorized and validly issued in accordance with the Partnership Agreement and are fully paid (to the extent required under the Partnership Agreement) and nonassessable (except as such nonassessability may be affected by Sections 17-303, 17-607 and 17-804 of the Delaware LP ActAct and as otherwise described in the Prospectus).

Capitalization of the Partnership. As of the date hereof, the issued and outstanding limited partner interests of the Partnership consist of 33,995,563 common units representing limited partner interests (“127,494,365 Common Units”), 2,760,000 Series 22,640,000 Class A Fixed-to-Floating Rate Cumulative Redeemable Perpetual Preferred Units representing limited partner interests (“Series A Preferred and 19,954,389 Class B Units”) and the Incentive Distribution Rights (, as such term is terms are defined in the Third Amended and Restated Agreement of Limited Partnership of the Partnership (as amended by Amendment No. 1 thereto and as may be further amended or restated at or prior to the Closing Date, the “Partnership Agreement”). All such outstanding Common Units, Series Class A Preferred Units and Incentive Distribution Rights Class B Units and the limited partner interests represented thereby have been duly authorized and validly issued in accordance with the Partnership Agreement and are fully paid (to the extent required under the Partnership Agreement) and nonassessable (except as such nonassessability may be affected by Sections 17-303, 17-607 and 17-804 of the Delaware LP ActAct and as otherwise described in the Prospectus).