Common use of Issuance and Sale Clause in Contracts

Issuance and Sale. (a) Upon the basis of the representations and warranties and subject to the terms and conditions set forth herein and provided that the Partnership provides KCA with any due diligence materials and information reasonably requested by KCA necessary for KCA to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the Partnership, the Partnership and KCA shall enter into an agreement in accordance with Section 3 hereof regarding the number of Units to be placed by KCA as agent for the Partnership and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as a “Transaction”). As used in this Agreement, (i) the “Term” shall be the period commencing on the date hereof and ending on the earliest of (x) August 25, 2011, (y) the date on which the Maximum Number of Units have been issued and sold pursuant to this Agreement, and (z) the termination of this Agreement pursuant to Sections 9 or 10 hereof (the “Termination Date”), (ii) an “Exchange Business Day” means any day during the Term that is a trading day for the Exchange other than a day on which trading on the Exchange (as defined below) is scheduled to close prior to its regular weekday closing time, and (iii) “Exchange” means the NASDAQ Global Select Market, and (iv) “Time of Purchase” means, with respect to each offering of Units, the time after the Time of Acceptance (as defined in Section 4 hereof) as to such Units and immediately prior to KCA’s initial entry into contracts with investors for the sale of such Units.

Issuance and Sale. (a) Upon the basis of the representations and warranties and subject to the terms and conditions set forth herein and provided that the Partnership Company provides KCA KCM with any due diligence materials and information reasonably requested by KCA KCM necessary for KCA KCM to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the PartnershipCompany, the Partnership Company and KCA KCM shall enter into an agreement in accordance with Section 3 hereof regarding the number of Units to be placed by KCA KCM as agent for the Partnership Company and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as a “Transaction”). As used in this Agreement, (i) the “Term” shall be the period commencing on the date hereof and ending on the earliest of (x) August 259, 2011, (y) the date on which the Maximum Number of Units have been issued and sold pursuant to this Agreement, and (z) the termination of this Agreement pursuant to Sections 9 or 10 hereof (the “Termination Date”), (ii) an “Exchange Business Day” means any day during the Term that is a trading day for the Exchange other than a day on which trading on the Exchange (as defined below) is scheduled to close prior to its regular weekday closing time, and (iii) “Exchange” means the NASDAQ Global Select MarketNew York Stock Exchange, and (iv) “Time of Purchase” means, with respect to each offering of Units, the time after the Time of Acceptance (as defined in Section 4 hereof) as to such Units and immediately prior to KCA’s initial entry into contracts with investors for the sale of such Units.Inc.

Issuance and Sale. (a) Upon the basis of the representations and warranties and subject to the terms and conditions set forth herein and provided that the Partnership Company provides KCA with any due diligence materials and information reasonably requested by KCA necessary for KCA to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the PartnershipCompany, the Partnership Company and KCA shall enter into an agreement in accordance with Section 3 hereof regarding the number of Units Shares to be placed by KCA as agent for the Partnership Company and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as a an “Transaction”). As used in this Agreement, (i) the “Term” shall be the period commencing on the date hereof and ending on the earliest of (x) August 25March 16, 20112012, (y) the date on which the Maximum Number of Units Shares have been issued and sold pursuant to this Agreement, and (z) the termination of this Agreement pursuant to Sections 9 or 10 hereof (the “Termination Date”), (ii) an “Exchange Business Day” means any day during the Term that is a trading day for the Exchange other than a day on which trading on the Exchange (Exchange, as defined below) , is scheduled to close prior to its regular weekday closing time, and (iii) “Exchange” means the NASDAQ Global Select Capital Market, and (iv) “Time of Purchase” means, with respect to each offering of Units, the time after the Time of Acceptance (as defined in Section 4 hereof) as to such Units and immediately prior to KCA’s initial entry into contracts with investors for the sale of such Units.

Issuance and Sale. (a) Upon the basis of the representations and warranties and subject to the terms and conditions set forth herein and provided that the Partnership Company provides KCA with any due diligence materials and information reasonably requested by KCA necessary for KCA to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the PartnershipCompany, the Partnership Company and KCA shall enter into an agreement in accordance with Section 3 hereof regarding the number of Units to be placed by KCA as agent for the Partnership Company and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as a “Transaction”). As used in this Agreement, (i) the “Term” shall be the period commencing on the date hereof and ending on the earliest of (x) August 25September 5, 20112014, (y) the date on which the Maximum Number of Units have been issued and sold pursuant to this Agreement, and (z) the termination of this Agreement pursuant to Sections 9 or 10 hereof (the “Termination Date”), (ii) an “Exchange Business Day” means any day during the Term that is a trading day for the Exchange other than a day on which trading on the Exchange (as defined below) is scheduled to close prior to its regular weekday closing time, and (iii) “Exchange” means the NASDAQ Global Select MarketNew York Stock Exchange, and (iv) “Time of Purchase” means, with respect to each offering of Units, the time after the Time of Acceptance (as defined in Section 4 hereof) as to such Units and immediately prior to KCA’s initial entry into contracts with investors for the sale of such Units.Inc.

Issuance and Sale. (a) Upon the basis of the representations and warranties and subject to the terms and conditions set forth herein and provided that the Partnership Company provides KCA with any due diligence materials and information reasonably requested by KCA necessary for KCA to satisfy its due diligence obligations, on any Exchange Business Day (as defined below) selected by the PartnershipCompany, the Partnership Company and KCA shall enter into an agreement in accordance with Section 3 hereof regarding the number of Units Shares to be placed by KCA as agent for the Partnership Company and the manner in which and other terms upon which such placement is to occur (each such transaction being referred to as a an “Transaction”). As used in this Agreement, (i) the “Term” shall be the period commencing on the date hereof and ending on the earliest of (x) August 25April 28, 20112012, (y) the date on which the Maximum Number of Units Shares have been issued and sold pursuant to this Agreement, and (z) the termination of this Agreement pursuant to Sections 9 or 10 hereof (the “Termination Date”), (ii) an “Exchange Business Day” means any day during the Term that is a trading day for the Exchange other than a day on which trading on the Exchange (Exchange, as defined below) , is scheduled to close prior to its regular weekday closing time, and (iii) “Exchange” means the NASDAQ Global Select Market, and (iv) “Time of Purchase” means, with respect to each offering of Units, the time after the Time of Acceptance (as defined in Section 4 hereof) as to such Units and immediately prior to KCA’s initial entry into contracts with investors for the sale of such UnitsNYSE Amex LLC.