Common use of Deposit of Funds; Effect of Purchase Clause in Contracts

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory Purchase Price for all outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Purchase Date are not held by the Purchaser or its Affiliates. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has delivered the Mandatory Purchase Notice to the Transfer Agent for mailing to the record holders of the Listed Shares, then from and after the Mandatory Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders of such Listed Shares as such, including any other rights under the LLC Agreement and the rights to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or made, shall thereupon cease, except the right to receive the Mandatory Purchase Price, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Purchase Notice, in compliance with the instructions in the Mandatory Purchase Notice, and such Listed Shares shall from and after the Mandatory Purchase Date be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Purchase Date and shall have all rights as the owner and record holder of such Listed Shares.

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Optional Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory Optional Purchase Price for Common Units and Listed Shares for all outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Optional Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Purchase Date are not held by the Purchaser or its Affiliatessuch purchase. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has delivered the Mandatory Optional Purchase Notice for Common Units and Listed Shares to the Transfer Agent for mailing to the record holders of the Listed Shares, then from and after the Mandatory Optional Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders of such Listed Shares as such, including any other rights under the LLC Agreement and the rights right to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or made, shall thereupon cease, except the right to receive the Mandatory Optional Purchase PricePrice for Common Units and Listed Shares, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Optional Purchase NoticeNotice for Common Units and Listed Shares, in compliance with the instructions in the Mandatory Optional Purchase NoticeNotice for Common Units and Listed Shares, and such Listed Shares shall from and after the Mandatory Optional Purchase Date be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Optional Purchase Date and shall have all rights as the owner and record holder of such Listed Shares.

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Optional Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory Optional Purchase Price for Listed Shares for all outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Optional Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Optional Purchase Date are not held by the Purchaser or its Affiliates. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has delivered the Mandatory Optional Purchase Notice to the Transfer Agent for mailing to the record holders of the Listed Shares, then from and after the Mandatory Optional Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders of such Listed Shares as such, including any other rights under the LLC Agreement and the rights to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or made, shall thereupon cease, except the right to receive the Mandatory Optional Purchase PricePrice for Listed Shares, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Optional Purchase Notice, in compliance with the instructions in the Mandatory Optional Purchase Notice, and such Listed Shares shall from and after the Mandatory Optional Purchase Date be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Optional Purchase Date and shall have all rights as the owner and record holder of such Listed Shares.

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Optional Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory Optional Purchase Price for Listed Shares for all outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Optional Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Optional Purchase Date are not held by the Purchaser or its Affiliates. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has delivered the Mandatory Optional Purchase Notice to the Transfer Agent for mailing to the record holders of the Listed Shares, then from and after the Mandatory Optional Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders of such Listed Shares as such, including any other rights under the LLC Agreement and the rights to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or made, shall thereupon cease, except the right to receive the Mandatory Optional Purchase PricePrice for Listed Shares, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Optional Purchase Notice, in compliance with the instructions in the Mandatory Optional Purchase Notice, and such Listed Shares shall from and after the Mandatory Optional Purchase Date be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Optional Purchase Date and shall have all rights as the owner and record holder of such Listed Shares. As provided in the Exchange Provisions, the ability of a holder of Listed Shares to exchange such Listed Shares for Common Units shall terminate on the earlier of (i) the occurrence of a Mandatory Purchase Event, and (ii) the date on which the Purchaser has either mailed to the record holders of Listed Shares, or delivered to the Transfer Agent for mailing to the record holders of Listed Shares, a Purchase Notice. From and after the occurrence of the earlier of clause (i) or clause (ii) in the preceding sentence, any Listed Share surrendered for exchange shall not be exchanged, but shall be held for purchase pursuant to these Purchase Provisions, and shall be so purchased on the relevant Purchase Date.

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory Purchase Price for all outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Purchase Date are not held by the Purchaser or its Affiliates. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has delivered the Mandatory Purchase Notice to the Transfer Agent for mailing to the record holders of the Listed Shares, then from and after the Mandatory Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders of such Listed Shares as such, including any other rights under the LLC Agreement and the rights to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or made, shall thereupon cease, except the right to receive the Mandatory Purchase Price, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Purchase Notice, in compliance with the instructions in the Mandatory Purchase Notice, and such Listed Shares shall from and after the Mandatory Purchase Date be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Purchase Date and shall have all rights as the owner and record holder of such Listed Shares. As provided in the Exchange Provisions, the ability of a holder of Listed Shares to exchange such Listed Shares for Common Units shall terminate on the earlier of (i) the occurrence of a Mandatory Purchase Event and (ii) the date on which the Purchaser has either mailed to the record holders of Listed Shares, or delivered to the Transfer Agent for mailing to the record holders of Listed Shares, a Purchase Notice. From and after the occurrence of the earlier of clause (i) or clause (ii) in the preceding sentence, any Listed Share surrendered for exchange shall not be exchanged but shall be held for purchase pursuant to these Purchase Provisions, and shall be so purchased on the relevant Purchase Date.

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Optional Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory Optional Purchase Price for Common Units and Listed Shares for all outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Optional Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Purchase Date are not held by the Purchaser or its Affiliatessuch purchase. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has delivered the Mandatory Optional Purchase Notice for Common Units and Listed Shares to the Transfer Agent for mailing to the record holders of the Listed Shares, then from and after the Mandatory Optional Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders of such Listed Shares as such, including any other rights under the LLC Agreement and the rights right to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or made, shall thereupon cease, except the right to receive the Mandatory Optional Purchase PricePrice for Common Units and Listed Shares, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Optional Purchase NoticeNotice for Common Units and Listed Shares, in compliance with the instructions in the Mandatory Optional Purchase NoticeNotice for Common Units and Listed Shares, and such Listed Shares shall from and after the Mandatory Optional Purchase Date be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Optional Purchase Date and shall have all rights as the owner and record holder of such Listed Shares.. As provided in the Exchange Provisions, the ability of a holder of Listed Shares to exchange such Listed Shares for Common Units shall terminate on the earlier of (i) the occurrence of a Mandatory Purchase Event, and (ii) the date on which the Purchaser has either mailed to the

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory Purchase Price for all outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Purchase Date are not held by the Purchaser or its Affiliates. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has mailed, or delivered the Mandatory Purchase Notice to the Transfer Agent for mailing mailing, the Mandatory Purchase Notice to the record holders of the Listed Shares, then from and after the Mandatory Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders of such Listed Shares as such, including without limitation, any other rights under the LLC Agreement and the rights to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or madeAgreement, shall thereupon cease, except the right to receive the Mandatory Purchase Price, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Purchase Notice, in compliance with the instructions in the Mandatory Purchase Notice, and such Listed Shares shall from and after the Mandatory Purchase Date thereupon be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Purchase Date and shall have all rights as the owner and record holder of such Listed Shares. Pursuant to the Exchange Provisions, the ability of a holder of Listed Shares to exchange such Listed Shares for Common Units shall terminate on the earlier of (i) the occurrence of a Mandatory Purchase Event and (ii) the date on which the Purchaser has either mailed to the record holders of Listed Shares, or delivered to the Transfer Agent for mailing to the record holders of Listed Shares, a Mandatory Purchase Notice. From and after the occurrence of a Mandatory Purchase Event, any Listed Share surrendered for exchange shall not be exchanged but shall be held for purchase pursuant to these Purchase Provisions, and shall be so purchased on the relevant Purchase Date.

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Optional Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory aggregate Optional Purchase Price for Listed Shares for all outstanding Outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Optional Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Purchase Date are not held by the Purchaser or its Affiliatessuch purchase. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has delivered the Mandatory Optional Purchase Notice for Listed Shares to the Transfer Agent for mailing to the record holders Record Holders of the Listed Shares, then from and after the Mandatory Optional Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders Record Holders of such Listed Shares as such, including any other rights under the LLC Agreement and the rights to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or made, shall thereupon cease, except the right to receive the Mandatory Optional Purchase PricePrice for Listed Shares, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Optional Purchase NoticeNotice for Listed Shares, in compliance with the instructions in the Mandatory Optional Purchase NoticeNotice for Listed Shares, and such Listed Shares shall from and after the Mandatory Optional Purchase Date be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Optional Purchase Date and shall have all rights as the owner and record holder of such Listed Shares.

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Optional Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory Optional Purchase Price for all outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Optional Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Optional Purchase Date are not held by the Purchaser or its Affiliates. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has delivered the Mandatory Optional Purchase Notice to the Transfer Agent for mailing to the record holders of the Listed Shares, then from and after the Mandatory Optional Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders of such Listed Shares as such, including without limitation, any other rights under the LLC Agreement and the rights to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or madeAgreement, shall thereupon cease, except the right to receive the Mandatory Optional Purchase Price, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Optional Purchase Notice, in compliance with the instructions in the Mandatory Optional Purchase Notice, and such Listed Shares shall from and after the Mandatory Optional Purchase Date be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Optional Purchase Date and shall have all rights as the owner and record holder of such Listed Shares. Pursuant to the Exchange Provisions, the ability of a holder of Listed Shares to exchange such Listed Shares for Common Units shall terminate on the earlier of (i) the occurrence of a Mandatory Purchase Event, and (ii) the date on which the Purchaser has either mailed to the record holders of Listed Shares, or delivered to the Transfer Agent for mailing to the record holders of Listed Shares, a Purchase Notice. From and after the occurrence of the date in clause (ii) in the preceding sentence, any Listed Share surrendered for exchange shall not be exchanged, but shall be held for purchase pursuant to these Purchase Provisions, and shall be so purchased on the relevant Purchase Date.

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Optional Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory aggregate Optional Purchase Price for Common Units and Listed Shares for all outstanding Outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Optional Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Purchase Date are not held by the Purchaser or its Affiliatessuch purchase. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has delivered the Mandatory Optional Purchase Notice for Common Units and Listed Shares to the Transfer Agent for mailing to the record holders Record Holders of the Listed Shares, then from and after the Mandatory Optional Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders of such Listed Shares as such, including any other rights under the LLC Agreement and the rights right to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or made, shall thereupon cease, except the right to receive the Mandatory Optional Purchase PricePrice for Common Units and Listed Shares, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Optional Purchase NoticeNotice for Common Units and Listed Shares, in compliance with the instructions in the Mandatory Optional Purchase NoticeNotice for Common Units and Listed Shares, and such Listed Shares shall from and after the Mandatory Optional Purchase Date be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Optional Purchase Date and shall have all rights as the owner and record holder of such Listed Shares.

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Optional Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory Optional Purchase Price for Common Units and Listed Shares for all outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Optional Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Purchase Date are not held by the Purchaser or its Affiliatessuch purchase. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has delivered the Mandatory Optional Purchase Notice for Common Units and Listed Shares to the Transfer Agent for mailing to the record holders of the Listed Shares, then from and after the Mandatory Optional Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders of such Listed Shares as such, including without limitation, any other rights under the LLC Agreement and the rights to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or madeAgreement, shall thereupon cease, except the right to receive the Mandatory Optional Purchase PricePrice for Common Units and Listed Shares, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Optional Purchase NoticeNotice for Common Units and Listed Shares, in compliance with the instructions in the Mandatory Optional Purchase NoticeNotice for Common Units and Listed Shares, and such Listed Shares shall from and after the Mandatory Optional Purchase Date be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Optional Purchase Date and shall have all rights as the owner and record holder of such Listed Shares. Pursuant to the Exchange Provisions, the ability of a holder of Listed Shares to exchange such Listed Shares for Common Units shall terminate on the earlier of (i) the occurrence of a Mandatory Purchase Event, and (ii) the date on which the Purchaser has either mailed to the record holders of Listed Shares, or delivered to the Transfer Agent for mailing to the record holders of Listed Shares, a Purchase Notice. From and after the occurrence of the date in clause (ii) in the preceding sentence, any Listed Share surrendered for exchange shall not be exchanged, but shall be held for purchase pursuant to these Purchase Provisions, and shall be so purchased on the relevant Purchase Date.

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Optional Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory Optional Purchase Price for Listed Shares for all outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Optional Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Optional Purchase Date are not held by the Purchaser or its Affiliates. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has delivered the Mandatory Optional Purchase Notice to the Transfer Agent for mailing to the record holders of the Listed Shares, then from and after the Mandatory Optional Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders of such Listed Shares as such, including any other rights under the LLC Agreement and the rights to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or made, shall thereupon cease, except the right to receive the Mandatory Optional Purchase PricePrice for Listed Shares, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Optional Purchase Notice, in compliance with the instructions in the Mandatory Optional Purchase Notice, and such Listed Shares shall from and after the Mandatory Optional Purchase Date be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Optional Purchase Date and shall have all rights as the owner and record holder of such Listed Shares.. SECTION 4 Optional

Deposit of Funds; Effect of Purchase. On or prior to the Mandatory Special Purchase Date, the Purchaser shall irrevocably deposit with the Transfer Agent funds sufficient to pay the Mandatory Special Purchase Price for all outstanding Outstanding Listed Shares that on the date of such deposit are not held by the Purchaser or its Affiliates. After the date of such deposit and prior to the Mandatory Special Purchase Date, neither the Purchaser nor any of its Affiliates shall dispose of any Listed Shares held by them, other than to the Purchaser or any of its Affiliates. The Transfer Agent shall return to the Purchaser any funds not so required for the purchase of Listed Shares that on the Mandatory Purchase Date are not held by the Purchaser or its Affiliatessuch purchase. If the Purchaser so deposits such funds with the Transfer Agent, and if the Purchaser has delivered the Mandatory Special Purchase Notice to the Transfer Agent for mailing to the record holders Record Holders of the Listed Shares, then from and after the Mandatory Special Purchase Date, notwithstanding that any certificate representing Listed Shares shall not have been surrendered for purchase, all rights of the holders of such Listed Shares as such, including any other rights under the LLC Agreement and the rights to receive any distributions on Listed Shares that have been declared (or a record date for which has been set) but that have not been paid or made, shall thereupon cease, except the right to receive the Mandatory Special Purchase Price, without interest, upon surrender to the Transfer Agent of the certificates representing such Listed Shares, with such other documents as may be required by the Mandatory Special Purchase Notice, in compliance with the instructions in the Mandatory Special Purchase Notice, and such Listed Shares shall from and after the Mandatory Special Purchase Date be deemed to be purchased by the Purchaser and shall be transferred to the Purchaser on the record books of the Transfer Agent, and the Purchaser shall be deemed to be the owner of such Listed Shares from and after the Mandatory Special Purchase Date and shall have all rights as the owner and record holder Record Holder of such Listed Shares.