Common use of Designation of Series; Conversion of Existing Interests Clause in Contracts

Designation of Series; Conversion of Existing Interests. (a) There is hereby established two series of interests in the Partnership, with each series comprised of both the General Partner’s interest in the Partnership and the Limited Partners’ interest in the Partnership. The General Partner’s interest is hereby designated as the “Series A GP Interest” and the “Series B GP Interest.” The Limited Partners’ interests are hereby designated as “Series A Units” and “Series B Units.” The Series A GP Interest and the Series A Units are referred to herein, collectively, as the “Series A Interests,” and the Series B GP Interest and the Series B Units are referred to herein, collectively, as the “Series B Interests.” (b) Effective as of the close of business on May 9, 2011 (the “Establishment Date”), without any further action by the General Partner or any Limited Partner, (i) each then outstanding interest of the General Partner in the Partnership shall automatically be converted into a Series A GP Interest and a Series B GP Interest, and (ii) each then outstanding Unit of limited partnership interest in the Partnership shall automatically be converted into one Series A Unit and one Series B Unit. (c) Each series of interests shall entitle the holders thereof to the respective rights set forth in this Article XXII. The relative rights of the General Partner, on one hand, and the Limited Partners, on the other, prior to the Establishment Date shall be maintained after the Establishment Date, but considered on a series by series basis.

Designation of Series; Conversion of Existing Interests. (a) There is hereby established two series of interests in the Partnership, with each series comprised of both the General Partner’s Partners’ interest in the Partnership and the Limited Partners’ interest in the Partnership. The General Partner’s interest is Partners’ interests are hereby designated as the “Series A GP InterestInterests” and the “Series B GP InterestInterests.” The Limited Partners’ interests are hereby designated as “Series A Units” and “Series B Units.” The Series A GP Interest Interests and the Series A Units are referred to herein, collectively, as the “Series A Interests,” and the Series B GP Interest Interests and the Series B Units are referred to herein, collectively, as the “Series B Interests.” (b) Effective as of the close of business on May 9November 24, 2011 2010 (the “Establishment Date”), without any further action by the Managing General Partner, the Non-Managing General Partner or any Limited Partner, (i) each then outstanding interest of the General Partner Partners in the Partnership shall automatically be converted into a Series A GP Interest and a Series B GP Interest, and (ii) each then outstanding Unit of limited partnership interest in the Partnership shall automatically be converted into one Series A Unit and one Series B Unit. (c) Each series of interests shall entitle the holders thereof to the respective rights set forth in this Article XXII21. The relative rights of the General PartnerPartners, on one hand, and the Limited Partners, on the other, prior to the Establishment Date shall be maintained after the Establishment Date, but considered on a series by series basis.

Designation of Series; Conversion of Existing Interests. (a) There is hereby established two series of interests in the Partnership, with each series comprised of both the a General Partner’s 's interest in the Partnership and the Limited Partners’ ' interest in the Partnership. The General Partner’s interest is 's interests are hereby designated as the “a "Series A GP Interest” " and the “a "Series B GP Interest.” " The Limited Partners’ ' interests are hereby designated as “"Series A Units” " and “"Series B Units.” " The Series A GP Interest collective interests of both the General Partner and the Series A Units Limited Partners of each series are herein referred to herein, collectively, as the “"Series A Interests,” " and the Series B GP Interest and the Series B Units are referred to herein, collectively, as the “"Series B Interests," respectively.” (b) Effective as of the close of business on May 9April 30, 2011 2008 (the “"Establishment Date”"), without any further action by the General Partner or any Limited Partner, (i) each then outstanding the interest of the General Partner in the Partnership shall automatically be converted into a Series A GP Interest and a Series B GP Interest, and (ii) each then outstanding Unit of limited partnership interest in the Partnership shall automatically be converted into one Series A Unit and one Series B Unit. (c) Each series of interests shall entitle the holders thereof to the respective rights set forth in this Article XXII. The relative rights of the General Partner, on one hand, and the Limited Partners, on the other, prior to the Establishment Date shall be maintained after the Establishment Date, but considered on a series by series basis. The General Partner's Series A GP Interest and Series B GP Interest shall only entitle it to receive an amount equal to a 1% allocation of the Partnership 's Net Profits and Net Losses, and 1% of distributions of Distributable Cash From Operations, in each case, calculated on a series by series basis.

Designation of Series; Conversion of Existing Interests. (a) There is hereby established two series of interests in the Partnership, with each series comprised of both the a General Partner’s interest in the Partnership and the Limited Partners’ interest in the Partnership. The General Partner’s interest is interests are hereby designated as the a “Series A GP Interest” and the a “Series B GP Interest.” The Limited Partners’ interests are hereby designated as “Series A Units” and “Series B Units.” The Series A GP Interest collective interests of both the General Partner and the Series A Units Limited Partners of each series are herein referred to herein, collectively, as the “Series A Interests,” and the Series B GP Interest and the Series B Units are referred to herein, collectively, as the “Series B Interests,” respectively.” (b) Effective as of the close of business on May 9April 30, 2011 2008 (the “Establishment Date”), without any further action by the General Partner or any Limited Partner, (i) each then outstanding the interest of the General Partner in the Partnership shall automatically be converted into a Series A GP Interest and a Series B GP Interest, and (ii) each then outstanding Unit of limited partnership interest in the Partnership shall automatically be converted into one Series A Unit and one Series B Unit. (c) Each series of interests shall entitle the holders thereof to the respective rights set forth in this Article XXII. The relative rights of the General Partner, on one hand, and the Limited Partners, on the other, prior to the Establishment Date shall be maintained after the Establishment Date, but considered on a series by series basis. The General Partner’s Series A GP Interest and Series B GP Interest shall only entitle it to receive an amount equal to a 1% allocation of the Partnership’s Net Profits and Net Losses, and 1% of distributions of Distributable Cash From Operations, in each case, calculated on a series by series basis.

Designation of Series; Conversion of Existing Interests. (a) There is hereby established two three series of interests in the Partnership, with each series comprised of both the a General Partner’s 's interest in the Partnership and the Limited Partners’ ' interest in the Partnership. The General Partner’s interest is hereby designated as the “Series A GP Interest” and the “Series B GP Interest.” The Limited Partners’ 's interests are hereby designated as “a "Series A GP Interest," a "Series B GP Interest" and a "Series C GP Interest." The Limited Partners' interests are hereby designated as "Series A Units” and “," "Series B Units" and "Series C Units.” " The Series A GP Interest collective interests of both the General Partner and the Series A Units Limited Partners of each series are herein referred to herein, collectively, as the “"Series A Interests,” and " the Series B GP Interest and the Series B Units are referred to herein, collectively, as the “"Series B Interests" and the "Series C Interests," respectively.” (b) Effective as of the close of business on May 9April 30, 2011 2008 (the “"Establishment Date”"), without any further action by the General Partner or any Limited Partner, (i) each then outstanding the interest of the General Partner in the Partnership shall automatically be converted into a Series A GP Interest, a Series B GP Interest and a Series B C GP Interest, and (ii) each then outstanding Unit of limited partnership interest in the Partnership shall automatically be converted into one Series A Unit, one Series B Unit and one Series B C Unit. (c) Each series of interests shall entitle the holders thereof to the respective rights set forth in this Article XXII. The relative rights of the General Partner, on one hand, and the Limited Partners, on the other, prior to the Establishment Date shall be maintained after the Establishment Date, but considered on a series by series basis. The General Partner's Series A GP Interest, Series B GP Interest and Series C GP Interest shall only entitle it to receive an amount equal to a 1% allocation of the Partnership's Net Profits and Net Losses, and 1% of distributions of Distributable Cash From Operations, in each case, calculated on a series by series basis.