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 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 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 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 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 Company or the Subsidiaries is now, and after the sale of the Units Notes to be sold by the Partnership Company hereunder and the application of the net proceeds from such sale as described in the Prospectus Offering Memorandum 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,” 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 is now, and or after the sale of the Units Securities to be sold by the Partnership and the Operating 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 (the “Investment Company Act”), or (ii) a “public utility company,” a “holding company” or a “subsidiary company” or “affiliate” 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 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 is now, and after the sale of the Units Initial Notes to be sold by the Operating Partnership hereunder and the application of the net proceeds from such sale as described in the Prospectus Offering Memorandum 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.