Common use of Form and Dating; Legends Clause in Contracts

Form and Dating; Legends. (a) The Warrants will be substantially in the form attached as Exhibit A. The terms and provisions contained in the form of the Warrant attached as Exhibit A constitutes, and are hereby expressly made, a part of this Agreement. (b) Except as otherwise provided in Section 2.02(c) or Section 2.08, each Warrant will bear the Restricted Legend. (i) If the Partnership determines (upon the advice of counsel and such other certifications and evidence as the Partnership may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant are effected in compliance with the Securities Act, or (ii) after a Warrant is sold pursuant to an effective registration statement under the Securities Act, then, in each case, the Partnership may cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend. (d) By its acceptance of any Warrant bearing the Restricted Legend, each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will be categorized as Series A Warrants and, if certificated, will be substantially in the form attached as Exhibit A. The terms and provisions contained in the form of the Warrant Warrants attached as Exhibit A constitutesconstitute, and are hereby expressly made, a part of this Agreement. The Warrants may have notations, legends or endorsements required by law, rules of or agreements with National Securities Exchanges to which the Company is subject, or usage. Each Warrant will be dated the date of its countersignature. (ba) Except as otherwise provided in Section 2.02(c3.01(c) or Section 2.083.09, each Warrant will bear the Restricted Legend. (ib) If the Partnership Company determines (upon the advice of counsel and such other certifications and evidence as the Partnership Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant are effected in compliance with the Securities Act, or (ii) after a the Company may instruct the Warrant is sold pursuant Agent in writing to an effective registration statement under the Securities Act, then, in each case, the Partnership may cancel the Warrant and issue to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear the Restricted Legend, and the Warrant Agent will comply with such instruction. (dc) By its acceptance of any Warrant bearing the Restricted Legend, each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will be substantially categorized as Common Stock Warrants and will be issuable only in the book-entry form attached as Exhibit A. The with terms and provisions contained in the form of the Warrant Warrants attached as Exhibit A constitutes(the “Form Certificate”), which terms and provisions are hereby expressly made, made a part of this Agreement. The Warrants may have electronic notations, legends or endorsements required by law, rules of or agreements with National Securities Exchanges to which the Company is subject, or usage. (ba) Except as otherwise provided in Section 2.02(c3.01(b) or Section 2.083.06, each Warrant will bear the Restricted Legend. (ib) If the Partnership Company determines (upon the advice of counsel and such other certifications and evidence as the Partnership Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant are effected in compliance with the Securities Act, or the Company may deliver an instruction (ii) after a Warrant is sold pursuant to together with an effective registration statement under the Securities Act, then, in each case, the Partnership may cancel opinion of counsel as the Warrant and issue Agent may reasonably require) to the Holder thereof (or Warrant Agent in writing to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear remove the Restricted LegendLegend from such Warrant, and the Warrant Agent will comply with such instruction. (dc) By its acceptance of any Warrant bearing the Restricted Legend, each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant only in accordance with this Agreement and such legend.

Form and Dating; Legends. (a) The Warrants will be substantially categorized as Series B Warrants and will be issuable only in the book-entry form attached as Exhibit A. The with terms and provisions contained in the form of the Warrant Warrants attached as Exhibit A constitutes(the “Form Certificate”), which terms and provisions are hereby expressly made, made a part of this Agreement. The Warrants may have electronic notations, legends or endorsements required by law, rules of or agreements with National Securities Exchanges to which the Company is subject, or usage. (ba) Except as otherwise provided in Section 2.02(c3.01(b) or Section 2.083.09, each Warrant will bear the Restricted Legend. (ib) If the Partnership Company determines (upon the advice of counsel and such other certifications and evidence as the Partnership Company may reasonably require) that a Warrant is eligible for resale pursuant to Rule 144 under the Securities Act (or a successor provision) without the need to satisfy current information or other requirements therein and that the Restricted Legend is no longer necessary or appropriate in order to ensure that subsequent transfers of the Warrant are effected in compliance with the Securities Act, or (ii) after a Warrant is sold pursuant to an effective registration statement under the Securities Act, then, in each case, the Partnership Company may cancel instruct the Warrant and issue Agent in writing to the Holder thereof (or to its transferee) a new Warrant of like tenor, registered in the name of the Holder thereof (or its transferee), that does not bear remove the Restricted LegendLegend from such Warrant, and the Warrant Agent will comply with such instruction. (dc) By its acceptance of any Warrant bearing the Restricted Legend, each Holder thereof and each owner of a beneficial interest therein acknowledges the restrictions on transfer of such Warrant set forth in this Agreement and in the Restricted Legend and agrees that it will transfer such Warrant only in accordance with this Agreement and such legend.