Common use of Ownership Limitation and Reporting Clause in Contracts

Ownership Limitation and Reporting. You acknowledge and agree that, pursuant to the terms of the Operating Agreement, if you are a Benefit Plan Investor, you, together with other Benefit Plan Investors, cannot own, or be deemed to beneficially own, as “beneficial ownership” is determined pursuant to Section 13(d) and 13(g) of the Securities Act, 24.9% or more of the Shares in the Series. Furthermore, you acknowledge and agree that if you own, or are deemed to beneficially own, 10% or more of the Shares entitled to vote in the Series, your name, address and holdings will be reported in the Company’s ongoing SEC filings.

Ownership Limitation and Reporting. You acknowledge and agree that, pursuant to the terms of the Operating Agreement, if you are a Benefit Plan Investor, you, together with other Benefit Plan Investors, cannot own, or be deemed to beneficially own, as “beneficial ownership” is determined pursuant to Section 13(d) and 13(g) of the Securities Act, 24.9% or more of the Shares in entitled to vote with regard to the Series. Furthermore, you acknowledge and agree that if you own, or are is deemed to beneficially own, 10% or more of the Shares entitled to vote in the Series, your name, address and holdings will be reported in the Company’s ongoing SEC filings.