Common use of Investment Company; Public Utility Holding Company Clause in Contracts

Investment Company; Public Utility Holding Company. None of the Partnership Entities is now, and after sale of the Units to be sold by the Partnership hereunder and application of the net proceeds from such sale as described in the Prospectus under the caption "Use of Proceeds" will be, (i) an "investment company" or a company "controlled by" an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "public utility company," "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" thereof, under the Public Utility Holding Company Act of 1935, as amended.

Investment Company; Public Utility Holding Company. None of the Partnership Inergy Entities is now, and after sale of the Units to be sold by the Partnership hereunder and application of the net proceeds from such sale as described in the Prospectus under the caption "“Use of Proceeds" ,” none of the Inergy Entities will be, (i) an "“investment company" ” or a company "“controlled by" ” an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "“public utility company," "” “holding company" ” or a "“subsidiary company" ” of a "“holding company" ” or an "“affiliate" ” thereof, under the Public Utility Holding Company Act of 1935, as amended.

Investment Company; Public Utility Holding Company. None of the Partnership Entities is now, and after sale of the Units to be sold by the Partnership hereunder and application of the net proceeds from such sale as described in the Prospectus under the caption "Use of Proceeds" will be, (i) an "investment company" or a company "controlled by" an "investment company" within the meaning of the Investment Company Act of 1940, as amendedamended (the "Investment Company Act"), or (ii) a "public utility company," a "holding company" or a "subsidiary company" of a "holding company," or an "affiliate" thereof, under within the meaning of the Public Utility Holding Company Act of 1935, as amendedamended (the "1935 Act").

Investment Company; Public Utility Holding Company. None of the Partnership Entities is now, and after the sale of the Units to be sold by the Partnership hereunder and the application of the net proceeds from such sale as described in the Prospectus under the caption "Use of Proceeds" will be, (i) an "investment company" or a company "controlled by" an "investment company" within the meaning of the Investment Company Act of 1940, as amended, amended or (ii) a "public utility company," a "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" thereof, under the Public Utility Holding Company Act of 1935, as amended.

Investment Company; Public Utility Holding Company. None of the Partnership Entities Inergy Parties is now, and after sale of the Units to be sold by the Partnership hereunder and application of the net proceeds from such sale as described in the Prospectus under the caption "Use of Proceeds," none of the Inergy Parties will be, (i) an "investment company" or a company "controlled by" an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "public utility company," "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" thereof, under the Public Utility Holding Company Act of 1935, as amended.

Investment Company; Public Utility Holding Company. None of the Partnership Entities is now, and after sale of the Units Securities to be sold by the Partnership hereunder and application of the net proceeds from such sale as described in the Prospectus Preliminary Offering Memorandum and the Offering Memorandum under the caption "Use of Proceeds," none of the Partnership Entities will be, (i) an "investment company" or a company "controlled by" an "investment company" within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "public utility company," "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" thereof, under within the meaning of the Public Utility Holding Company Act of 1935, as amended.

Investment Company; Public Utility Holding Company. None of the Partnership Entities Inergy Parties is now, and after sale of the Units to be sold by the Partnership hereunder and application of the net proceeds from such sale as described in the Prospectus under the caption "“Use of Proceeds" ,” none of the Inergy Parties will be, (i) an "“investment company" ” or a company "“controlled by" ” an "“investment company" ” within the meaning of the Investment Company Act of 1940, as amended, or (ii) a "“public utility company," "” “holding company" ” or a "“subsidiary company" ” of a "“holding company" ” or an "“affiliate" ” thereof, under the Public Utility Holding Company Act of 1935, as amended.

Investment Company; Public Utility Holding Company. None of the Partnership Entities is now, and after sale of the Units to be sold by the Partnership hereunder and application of the net proceeds from such sale as described in the Prospectus under the caption "Use of Proceeds" will be, (i) an "investment company" or a company "controlled by" an "investment company" within the meaning of the Investment Company Act of 1940, as amendedamended (the "INVESTMENT COMPANY ACT"), or (ii) a "public utility company," a "holding company" or a "subsidiary company" of a "holding company," or an "affiliate" thereof, under within the meaning of the Public Utility Holding Company Act of 1935, as amendedamended (the "1935 ACT").

Investment Company; Public Utility Holding Company. None of the Partnership Teekay Entities is now, and after the sale of the Units to be sold by the Partnership hereunder and application of the net proceeds from such sale as described in the Prospectus under the caption "Use of Proceeds" and after giving effect to the Offering will be, (i) an "investment company" or a company "controlled by" an "investment company" within the meaning of the Investment Company Act of 1940, as amended, and the rules and regulations thereunder (the "1940 ACT") or (ii) a "public utility company," "holding company" or a "subsidiary company" of a "holding company" or an "affiliate" thereof, under the Public Utility Holding Company Act of 1935, as amended.