Common use of Partnership Not Ineligible Issuer Clause in Contracts

Partnership Not Ineligible Issuer. (i) At the earliest time after the filing of the Registration Statement that the Partnership or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act) and (ii) as of the Time of Sale (with such date being used as the determination date for purposes of this clause (ii)), neither the Partnership nor Finance Corp. was and is an “ineligible issuer,” as defined in Rule 405 of the Securities Act, without taking account of any determination by the Commission pursuant to Rule 405 of the Securities Act that it is not necessary that the Issuers be considered an “ineligible issuer.”

Partnership Not Ineligible Issuer. (i) At the earliest time after the filing of the Registration Statement relating to the Securities that the Partnership Issuers or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act) and (ii) as of the Applicable Time of Sale (with such date being used as the determination date for purposes of this clause (ii)), neither the Partnership nor Finance Corp. was Issuers were not and is an are not “ineligible issuer,issuers” (as defined in Rule 405 of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 of the Securities Act that it is not necessary that the Issuers be considered an “ineligible issuerissuers.”