Common use of Filing and Effectiveness of Registration Statement; Certain Defined Terms Clause in Contracts

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495) and a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any document

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company Partnership has filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 196995), including a related prospectus or prospectuses, covering the registration of the Offered Securities Units under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentwhich

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a an automatic shelf registration statement as defined under Rule 405 of the Act (as defined below) on Form S-3 (No. 333-268495200321) and on November 18, 2014, including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentwhich

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 177754), including a related base prospectus or prospectusesdated November 15, 2011, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any document

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has and the Guarantor have filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 183686), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentregistration

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has and the Guarantors have filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 165926), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any document,

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has and the Guarantors have filed with the Commission a registration statement on Form S-3 (No. 333-268495) and a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any document165926),

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission (as defined below) a registration statement on Form S-3 (No. 333-268495) 182383), and a related prospectus or prospectusespreliminary prospectus, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentthe

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has and the Guarantor have filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 206759), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any document,

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495177754) and a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any document

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 175094), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any document”

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has prepared and filed with the Commission Commission, a registration statement on Form S-3 (No. 333-268495) and 333- 262737), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which registration statement has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentform

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 140251), including a related prospectus or prospectuses, covering the registration of the Offered Securities Shares under the Act, which registration statement has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentRegistration

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 S-3ASR (No. 333-268495) and 174598), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentthe

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has and the Guarantor have filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 183686), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any document,

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 S-3ASR (No. 333-268495) and 203919), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentany

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 185246), including a related prospectus or prospectusesprospectus, covering the registration of the Offered Securities under the Securities Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documenttime

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495195411) and a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any document

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 188695), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentsuch

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 159654), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the ActAct and the Rights, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentany

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495102122) and a related prospectus or prospectusesregistration statement on Form S-3 dated April 11, covering the registration 2007 filed pursuant to Rule 462(b) of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documenta related prospectus or

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has and the Guarantor have filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 206759), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentdocument incorporated by reference therein and all 430B Information and all 430C Information with respect to such

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has and each Guarantor have filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 203918), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any document,

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495) and a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentS-3

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 153167), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentSecurities

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-268495) and 221293), including a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentof

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with the Commission (as defined below) a registration statement on Form S-3 (No. 333-268495213294) and a related prospectus or prospectuses, covering the registration of the Offered Securities Shares under the Act (as defined below), including a base prospectus (the “Base Prospectus”). Such registration statement, as amended, including the financial statements, exhibits and schedules thereto, in the form in which it became effective under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentall documents incorporated or deemed to be

Filing and Effectiveness of Registration Statement; Certain Defined Terms. The Company has filed with meets the Commission requirements for the use of Form S-3 and a registration statement on Form S-3 (Registration No. 333-268495151935) on Form S-3 relating to the Shares, including a base prospectus relating to the Shares (the “Base Prospectus”) and a related prospectus or prospectuses, covering the registration of the Offered Securities under the Act, which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any documentamendments thereto as may have been