Common use of Redemption at the Option of the Company Clause in Contracts

Redemption at the Option of the Company. (a) At any time, or from time to time, following the date hereof, the Company shall have the right (the “Redemption Right”) to redeem all, but not less than all, of the outstanding Company Units held by the Members in exchange for the Parent OP Units held by the Company which were contributed by such Members (and any securities issued by Parent OP with respect to such Parent OP Units) on the terms and subject to the conditions and restrictions contained in this Section 6.2. The Redemption Right may be exercised by the Company upon delivery by the Manager to the Members of a notice in the form of Annex C hereto (a “Redemption Notice”), which notice shall state that all of such Member’s Company Units are to be redeemed by the Company in exchange for such Parent OP Units (the “Redeemed Units”). (b) Promptly after mailing a Redemption Notice, the Manager shall effect the exchange of the Redeemed Units held by the applicable Member for the Parent OP Units held by the Company which were contributed by such Member (and any securities issued by Parent OP with respect to such Parent OP Units) (the “Redemption Consideration”). (c) The closing of the redemption of the Redeemed Units shall be held at a location and on a date selected by the Manager, which date (the “Redemption Settlement Date”) shall between ten (10) and thirty (30) days after the date of the Redemption Notice. (d) At the closing of the redemption of the Redeemed Units, payment of the Redemption Consideration shall be accompanied by proper instruments of transfer and assignment and by the delivery of representations and warranties of (A) each of the Members with respect to its due authority to sell all of the right, title and interest in and to such Member’s Redeemed Units to the Company and with respect to the ownership by such Member of such Redeemed Units, free and clear of all Liens, and (B) the Company with respect to its due authority to acquire such Redeemed Units for the Redemption Consideration.

Redemption at the Option of the Company. (a) At any time, The Chief Financial Officer or such other person or persons as may be designated by the Board of Directors from time to time, following in its or their sole discretion, as the date hereofcase may be, may redeem the Notes at any time, in whole or in part, upon providing notice to the Trustee and notice to the Holders of the Notes that are the subject of the redemption through the Platform Website. If the Company determines to redeem any of a Holder’s Notes, the Company shall provide written notice to such Holder through the Platform Website at least 30 days prior to the anticipated Redemption Date. If redemption is for less than the full amount of outstanding Notes, the Company may, in its sole discretion, choose to redeem the Notes on a pro rata basis or on other than a pro rata basis. In addition, the Company, in its sole discretion, shall have the right (the “Redemption Right”) to redeem allthe Notes in the following circumstances: (a) The Company may choose to redeem a Holder’s Notes if the principal amount of such Holder’s Notes falls below the initial Series Minimum Holding and remains below such amount for 30 consecutive days. In the event of a redemption pursuant to this Section 3.03(a), but not less than all, of the outstanding Company Units held by the Members in exchange for the Parent OP Units held by the Company which were contributed by shall provide such Members (and any securities issued by Parent OP Holder with respect to such Parent OP Units) on at least 5 days prior notice through the terms and subject to the conditions and restrictions contained in this Section 6.2. The Redemption Right may be exercised by the Company upon delivery by the Manager to the Members of a notice in the form of Annex C hereto (a “Redemption Notice”), which notice shall state that all of such Member’s Company Units are to be redeemed by the Company in exchange for such Parent OP Units (the “Redeemed Units”)Platform Website. (b) Promptly after mailing The Company may choose to redeem a Redemption NoticeHolder’s Notes if the principal amount of such Holder’s Notes exceeds either the Series Maximum Holding or, when aggregated with all Redeemable Notes held by such Holder, the Manager shall effect Aggregate Maximum Holding. In the exchange event of the Redeemed Units held by the applicable Member for the Parent OP Units held by a redemption pursuant to this Section 3.03(b), the Company which were contributed by shall provide such Member (and any securities issued by Parent OP Holder with respect to such Parent OP Units) (at least 5 days prior notice through the “Redemption Consideration”)Platform Website. (c) The closing Company may choose to redeem a Holder’s Notes if the Company believes, in its sole judgment and discretion, that such Holder is abusing or misusing the redemption provisions in a manner or with an effect that is not in the best interests of the Company. In the event of a redemption of the Redeemed Units shall be held at a location and on a date selected by the Managerpursuant to this Section 3.03(c), which date (the “Redemption Settlement Date”) shall between ten (10) and thirty (30) days after the date of the Redemption Notice. (d) At the closing of the redemption of the Redeemed Units, payment of the Redemption Consideration shall be accompanied by proper instruments of transfer and assignment and by the delivery of representations and warranties of (A) each of the Members with respect to its due authority to sell all of the right, title and interest in and to such Member’s Redeemed Units to the Company and shall provide such Holder with respect to at least 5 days prior notice through the ownership by such Member of such Redeemed Units, free and clear of all Liens, and (B) the Company with respect to its due authority to acquire such Redeemed Units for the Redemption ConsiderationPlatform Website.

Redemption at the Option of the Company. (a) At any timeSubject to the provisions of this Section, or from time to time, following commencing on the date hereofEffective Date, the Company shall have the right right, upon thirty (30) Trading Days' notice to the “Purchasers which may not be given until after the Effective Date (an "Optional Redemption Right”) Notice" and the date such notice is received by the Purchasers, the "Notice Date"), to redeem all, but not less than all, all or a portion of the outstanding Company Units Shares then held by the Members in exchange for Purchasers at a cash price equal to the Parent OP Units held Optional Redemption Price (as defined below). The Company may only deliver an Optional Redemption Notice to the Purchasers if, on the Notice Date: (i) either there is an effective Underlying Shares Registration Statement pursuant to which the Purchasers are permitted to utilize the prospectus thereunder to sell Shares or Shares may be sold without volume restrictions pursuant to Rule 144 promulgated under the Securities Act, as determined by counsel to the Company which were contributed by such Members (pursuant to a written opinion letter, addressed and any securities issued by Parent OP with respect to such Parent OP Units) on the terms and subject delivered prior to the conditions and restrictions contained in this Section 6.2. The Redemption Right may be exercised by the Company upon delivery by the Manager Notice Date to the Members of a notice Company's transfer agent in the form and substance acceptable to the Purchasers and such transfer agent and (ii) the Common Stock is listed for trading on the AMEX or on a Subsequent Market (as defined in the Adjustable Warrants). If any of Annex C hereto (a “Redemption Notice”), which notice the foregoing conditions shall state that all of such Member’s Company Units are cease to be redeemed in effect during the period between the Notice Date and the date the Optional Redemption Payment is paid in full, then the Purchasers subject to such redemption may elect, by written notice to the Company given at any time after any of the foregoing conditions shall cease to be in exchange for effect, to invalidate ab initio such Parent OP Units (redemption, notwithstanding anything herein contained to the “Redeemed Units”)contrary. The Purchasers may sell any portion of the Shares subject to an Optional Redemption Notice prior to the date that the Optional Redemption Price is due and paid in full. (b) Promptly after mailing a The Optional Redemption Notice, Price is due on the Manager shall effect thirtieth (30th) Trading Day following the exchange Notice Date. If any portion of the Redeemed Units held by the applicable Member for the Parent OP Units held Optional Redemption Price shall not be paid by the Company which were contributed by expiration of such Member thirtieth (and 30th) Trading Day, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the Optional Redemption Price plus all such interest is paid in full. In addition, if any securities issued by Parent OP with respect portion of the Optional Redemption Price remains unpaid after such date, the Purchasers subject to such Parent OP Unitsredemption may elect, by written notice to the Company given at any time thereafter, to invalidate ab initio such redemption, notwithstanding anything herein contained to the contrary. If a Purchaser elects to invalidate such redemption the Company shall promptly, and, in any event, not later than three (3) (the “Redemption Consideration”). (c) The closing Trading Days from receipt of the redemption such Purchaser's notice of the Redeemed Units shall be held at a location and on a date selected by the Managersuch election, which date (the “Redemption Settlement Date”) shall between ten (10) and thirty (30) days after the date of the Redemption Notice. (d) At the closing of the redemption of the Redeemed Units, payment of the Redemption Consideration shall be accompanied by proper instruments of transfer and assignment and by the delivery of representations and warranties of (A) each of the Members with respect return to its due authority to sell such Purchaser all of the right, title and interest Shares for which the Optional Redemption Price shall not have been paid in and to such Member’s Redeemed Units to the Company and with respect to the ownership by such Member of such Redeemed Units, free and clear of all Liens, and (B) the Company with respect to its due authority to acquire such Redeemed Units for the Redemption Considerationfull.

Redemption at the Option of the Company. (a) At any time, or from time to time, following the date hereof, the Company shall have the right may redeem at its option (the an “Redemption RightOptional Redemption”) on any one or more occasions all or a part of the Notes upon not less than 10 nor more than 60 days’ notice, at a redemption price equal to redeem all100% of the principal amount of the Notes to be redeemed plus accrued and unpaid interest thereon, if any, to, but not less than allincluding, of the outstanding Company Units held by the Members in exchange for the Parent OP Units held by the Company which were contributed by such Members applicable Redemption Date (and any securities issued by Parent OP with respect to such Parent OP Units) on the terms and subject to the conditions and restrictions contained in this Section 6.2. The Redemption Right may be exercised by right of Holders of the Company upon delivery by Notes on the Manager relevant Record Date to receive interest due on the relevant interest payment date occurring on or prior to the Members of a notice in the form of Annex C hereto (a “Redemption Notice”), which notice shall state that all of such Member’s Company Units are to be redeemed by the Company in exchange for such Parent OP Units (the “Redeemed Units”Date). (b) Promptly Any Notes redeemed in connection with any Optional Redemption shall be deemed to reduce the obligations under this Indenture in the following order: (i) first, to reduce the amounts required to be redeemed in connection with the Mandatory Amortization; (ii) second, after mailing a Redemption Noticethe Mandatory Amortization has been satisfied (or deemed to have been satisfied pursuant to the preceding clause (i)), to reduce the Manager shall effect amounts required to be redeemed in connection with any Quarterly Amortizations, with earlier-due Quarterly Amortizations being deemed to be satisfied first; and (iii) third, after all Quarterly Amortizations have been satisfied (or deemed to have been satisfied pursuant to the exchange of preceding clause (ii)), to reduce the Redeemed Units held by amounts required to be redeemed on the applicable Member for the Parent OP Units held by the Company which were contributed by such Member (and any securities issued by Parent OP with respect to such Parent OP Units) (the “Redemption Consideration”)remaining Notes. (c) The closing Any redemption and notice of redemption may, at the redemption Company’s discretion, be subject to the satisfaction of one more conditions precedent as provided in Section 11.05; provided that in no event shall such provision or conditions precedent limit the Redeemed Units shall be held at a location and on a date selected by Company’s obligation to repurchase or redeem the ManagerNotes pursuant to Section 10.11, which date (the “Redemption Settlement Date”) shall between ten (10) and thirty (30) days after the date of the Redemption Notice11.03 or 11.09. (d) At Nothing in this Indenture will limit the closing of the redemption of the Redeemed UnitsCompany’s or its Affiliates’ ability to repurchase or retire Notes other than by redemption, payment of the Redemption Consideration shall be accompanied whether by proper instruments of transfer and assignment and by the delivery of representations and warranties of (A) each of the Members with respect to its due authority to sell all of the righttender offer, title and interest in and to such Member’s Redeemed Units to the Company and with respect to the ownership by such Member of such Redeemed Unitsexchange offer, free and clear of all Liensopen market repurchases, and (B) the Company with respect to its due authority to acquire such Redeemed Units for the Redemption Considerationprivately negotiated transactions or otherwise.

Redemption at the Option of the Company. (a) At The provisions of Sections 3.01, 3.02 (subject to Section 1.08(d) hereof) and 3.03 of the Original Indenture shall apply to the Notes. (b) Prior to the Par Call Date, the Company may redeem the Notes at its option, in whole or in part, for cash at any time, or time and from time to time, following at a Redemption Price (expressed as a percentage of principal amount and rounded to three decimal places) equal to the date hereof, greater of: (a) the Company shall have the right (the “Redemption Right”) to redeem all, but not less than all, sum of the outstanding Company Units held by present values of the Members in exchange for remaining scheduled payments of principal and interest thereon discounted to the Parent OP Units held by Redemption Date (assuming the Company which were contributed by such Members (and any securities issued by Parent OP with respect to such Parent OP UnitsNotes matured on the Par Call Date) on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the terms and subject to the conditions and restrictions contained in this Section 6.2. The Redemption Right may be exercised by the Company upon delivery by the Manager to the Members of a notice in the form of Annex C hereto (a “Redemption Notice”), which notice shall state that all of such Member’s Company Units are to be redeemed by the Company in exchange for such Parent OP Units (the “Redeemed Units”). Treasury Rate plus 30 basis points less (b) Promptly after mailing a interest accrued to the Redemption NoticeDate, and (2) 100% of the principal amount of the Notes to be redeemed, plus, in either case, accrued and unpaid interest thereon to, but excluding, the Manager shall effect the exchange of the Redeemed Units held by the applicable Member for the Parent OP Units held by the Company which were contributed by such Member (and any securities issued by Parent OP with respect to such Parent OP Units) (the “Redemption Consideration”)Date. (c) The closing On or after the Par Call Date, the Company may redeem the Notes, in whole or in part, for cash at any time and from time to time, at a Redemption Price equal to 100% of the redemption principal amount of the Redeemed Units shall be held at a location Notes being redeemed plus accrued and on a date selected by the Managerunpaid interest thereon to, which date (the “Redemption Settlement Date”) shall between ten (10) and thirty (30) days after the date of but excluding, the Redemption NoticeDate. (d) At The Company shall mail or caused to be mailed or electronically delivered (or transmitted in accordance with the closing Depositary’s standard procedures) at least 10 days, but not more than 60 days, before the Redemption Date, to each holder of Notes to be redeemed. (e) The Company shall notify the Trustee of the Redemption Price with respect to any redemption pursuant to this Section 1.08 promptly after the calculation thereof. The Trustee shall not be responsible for calculating said Redemption Price. (f) In the case of a partial redemption, selection of the Notes for redemption will be made pro rata, by lot or by such other method as the Trustee in its sole discretion deems appropriate and fair. No Notes of a principal amount of $2,000 or less will be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption that relates to the Note will state the portion of the principal amount of the Note to be redeemed. A new Note in a principal amount equal to the unredeemed portion of the Note will be issued in the name of the holder of the Note upon surrender for cancellation of the original note. For so long as the Notes are held by DTC (or another Depositary), the redemption of the Redeemed Units, Notes shall be done in accordance with the policies and procedures of the Depositary. Unless the Company defaults in payment of the Redemption Consideration shall be accompanied by proper instruments of transfer Price, on and assignment and by the delivery of representations and warranties of (A) each of the Members with respect to its due authority to sell all of the right, title and interest in and to such Member’s Redeemed Units to the Company and with respect to the ownership by such Member of such Redeemed Units, free and clear of all Liens, and (B) the Company with respect to its due authority to acquire such Redeemed Units for after the Redemption ConsiderationDate interest will cease to accrue on the Notes or portions thereof called for redemption.

Redemption at the Option of the Company. (ai) At any time, On or from time to time, following after the date hereofthat is seven years after the Issue Date, in addition to the Company’s right to cause all of the outstanding shares of Series A Preferred Stock to be converted to shares of Common Stock pursuant to Section 6(b), if Holders have not elected to convert all of their Shares pursuant to Section 6(a), the Company shall have the right (the “Redemption Right”) to redeem all, but not less than all, any or all the outstanding shares of Series A Preferred Stock for the Company Redemption Value. The Company Redemption Value may be paid in either cash or shares of Common Stock or a combination of cash and shares of Common Stock at the exclusive election of the outstanding Company Units held by the Members in exchange for the Parent OP Units held by Company; provided, the Company which were contributed by such Members may not elect to pay any portion of the Company Redemption Value in shares of Common Stock unless (and any securities issued by Parent OP i) the Liquidity Conditions have been satisfied with respect to such Parent OP Unitsshares of Common Stock; and (ii) on the terms and subject to the conditions and restrictions contained in this Section 6.2. The Redemption Right may be exercised by the Company upon delivery by is not in possession of material non-public information as of the Manager to the Members of a notice in the form of Annex C hereto (a “Redemption Notice”), which notice shall state that all of such Member’s Company Units are to be redeemed by date the Company in exchange for such Parent OP Units (provides the “Redeemed Units”notice of redemption pursuant to Section 8(a)(ii). (bii) Promptly after mailing Notice of a Redemption Notice, the Manager shall effect the exchange redemption of shares of the Redeemed Units held by the applicable Member for the Parent OP Units held Series A Preferred Stock by the Company which were contributed shall be given by first class mail, postage prepaid, addressed to the holders of record of the shares to be redeemed at their respective last addresses appearing on the books of the Company. Such mailing shall be at least 30 days and not more than 60 days before the date fixed by the Company for redemption (such Member date, the “Company Redemption Date”). Any notice mailed as provided in this subsection (and ii) shall be conclusively presumed to have been duly given, whether or not the holder receives such notice, but failure duly to give such notice by mail, or any securities issued by Parent OP with respect defect in such notice or in the mailing thereof, to such Parent OP Unitsany holder of shares of the Series A Preferred Stock designated for redemption shall not affect the validity of the proceedings for the redemption of any other shares of the Series A Preferred Stock. Each notice of redemption given to a holder shall state: (1) the redemption date; (2) the number of shares of the Series A Preferred Stock to be redeemed; (3) (i) the “number of shares of Series A Preferred Stock to be redeemed for cash and the corresponding Company Redemption Consideration”)Value to be paid in cash and (ii) the number of shares of Series A Preferred Stock to be redeemed for Common Shares and the corresponding Company Redemption Value to be paid in shares of Common Stock; and (4) the place or places where certificates for such shares are to be surrendered for payment of the redemption price. (ciii) The closing of Notwithstanding anything to the contrary herein, prior to any redemption of the Redeemed Units shall be held at a location and on a date selected by the ManagerCompany, which date (the “Redemption Settlement Date”) shall between ten (10) and thirty (30) days after the date of the Redemption Noticea Holder may elect to convert its Series A Preferred Shares pursuant to Section 6(a). (d) At the closing of the redemption of the Redeemed Units, payment of the Redemption Consideration shall be accompanied by proper instruments of transfer and assignment and by the delivery of representations and warranties of (A) each of the Members with respect to its due authority to sell all of the right, title and interest in and to such Member’s Redeemed Units to the Company and with respect to the ownership by such Member of such Redeemed Units, free and clear of all Liens, and (B) the Company with respect to its due authority to acquire such Redeemed Units for the Redemption Consideration.

Redemption at the Option of the Company. (a) At The provisions of Sections 3.01, 3.02 (subject to Section 1.08(d) hereof) and 3.03 of the Original Indenture shall apply to the Notes. (b) Prior to the Par Call Date, the Company may redeem the Notes at its option, in whole or in part, for cash at any time, or time and from time to time, following at a Redemption Price (expressed as a percentage of principal amount and rounded to three decimal places) equal to the date hereof, greater of: (a) the Company shall have the right (the “Redemption Right”) to redeem all, but not less than all, sum of the outstanding Company Units held by present values of the Members in exchange for remaining scheduled payments of principal and interest thereon discounted to the Parent OP Units held by Redemption Date (assuming the Company which were contributed by such Members (and any securities issued by Parent OP with respect to such Parent OP UnitsNotes matured on the Par Call Date) on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the terms and subject to the conditions and restrictions contained in this Section 6.2. The Redemption Right may be exercised by the Company upon delivery by the Manager to the Members of a notice in the form of Annex C hereto (a “Redemption Notice”), which notice shall state that all of such Member’s Company Units are to be redeemed by the Company in exchange for such Parent OP Units (the “Redeemed Units”). Treasury Rate plus 45 basis points less (b) Promptly after mailing a Redemption Noticeinterest accrued to the date of redemption, and (2) 100% of the principal amount of the Notes to be redeemed, plus, in either case, accrued and unpaid interest thereon to, but excluding, the Manager shall effect the exchange of the Redeemed Units held by the applicable Member for the Parent OP Units held by the Company which were contributed by such Member (and any securities issued by Parent OP with respect to such Parent OP Units) (the “Redemption Consideration”)Date. (c) The closing On or after the Par Call Date, the Company may redeem the Notes, in whole or in part, for cash at any time and from time to time, at a Redemption Price equal to 100% of the redemption principal amount of the Redeemed Units shall be held at a location Notes being redeemed plus accrued and on a date selected by the Managerunpaid interest thereon to, which date (the “Redemption Settlement Date”) shall between ten (10) and thirty (30) days after the date of but excluding, the Redemption NoticeDate. (d) At The Company shall mail or caused to be mailed or electronically delivered (or transmitted in accordance with the closing Depositary’s standard procedures) at least 10 days, but not more than 60 days, before the Redemption Date, to each holder of Notes to be redeemed. (e) The Company shall notify the Trustee of the Redemption Price with respect to any redemption pursuant to this Section 1.08 promptly after the calculation thereof. The Trustee shall not be responsible for calculating said Redemption Price. (f) In the case of a partial redemption, selection of the Notes for redemption will be made pro rata, by lot or by such other method as the Trustee in its sole discretion deems appropriate and fair. No Notes of a principal amount of $2,000 or less will be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption that relates to the Note will state the portion of the principal amount of the Note to be redeemed. A new Note in a principal amount equal to the unredeemed portion of the Note will be issued in the name of the holder of the Note upon surrender for cancellation of the original note. For so long as the Notes are held by DTC (or another Depositary), the redemption of the Redeemed Units, Notes shall be done in accordance with the policies and procedures of the Depositary. Unless the Company defaults in payment of the Redemption Consideration shall be accompanied by proper instruments of transfer Price, on and assignment and by the delivery of representations and warranties of (A) each of the Members with respect to its due authority to sell all of the right, title and interest in and to such Member’s Redeemed Units to the Company and with respect to the ownership by such Member of such Redeemed Units, free and clear of all Liens, and (B) the Company with respect to its due authority to acquire such Redeemed Units for after the Redemption ConsiderationDate interest will cease to accrue on the Notes or portions thereof called for redemption.

Redemption at the Option of the Company. (a) At any timetime prior to April 1, 2023 (one month prior to the Stated Maturity of the Notes) (the “Par Call Date”), the Notes shall be redeemable, at the sole option of the Company, in whole at any time or in part from time to time, following at a Redemption Price equal to the date hereof, the Company shall have the right greater of (the “Redemption Right”i) to redeem all, but not less than all, 100% of the outstanding Company Units held by aggregate principal amount of the Members in exchange for the Parent OP Units held by the Company which were contributed by such Members (and any securities issued by Parent OP with respect to such Parent OP Units) on the terms and subject to the conditions and restrictions contained in this Section 6.2. The Redemption Right may be exercised by the Company upon delivery by the Manager to the Members of a notice in the form of Annex C hereto (a “Redemption Notice”), which notice shall state that all of such Member’s Company Units are Notes to be redeemed by and (ii) an amount equal to the Company sum of the present values of the remaining scheduled payments for principal of and interest on the Notes to be redeemed that would be due if the Notes matured on the Par Call Date, not including any portion of the payments of interest accrued as of such Redemption Date, discounted to such Redemption Date on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the Treasury Rate, plus 25 basis points, plus, in exchange for the case of each of (i) and (ii), accrued and unpaid interest on the principal amount of the Notes to be redeemed to, but excluding, such Parent OP Units (the “Redeemed Units”)Redemption Date. (b) Promptly At any time on or after mailing a Redemption Noticethe Par Call Date, the Manager Notes shall effect be redeemable, at the exchange sole option of the Redeemed Units held by Company, in whole at any time or in part from time to time, at 100% of the applicable Member for principal amount being redeemed plus accrued and unpaid interest on the Parent OP Units held by principal amount of the Company which were contributed by Notes to be redeemed to, but excluding, such Member (and any securities issued by Parent OP with respect to such Parent OP Units) (the “Redemption Consideration”)Date. (c) The closing Notwithstanding Section 4.04(a) of the Original Indenture, notice of redemption shall be given in the manner provided in Section 1.06 of the Redeemed Units shall be held at a location and on a date selected by Original Indenture to the Manager, which date (the “Redemption Settlement Date”) shall between ten (10) and thirty (30) days after the date Holders of the Notes to be redeemed not less than three (3) Business Days prior to the Redemption NoticeDate. (d) At the closing Notwithstanding any provision of Article IV of the Original Indenture, any redemption of the Redeemed UnitsNotes and notice thereof, payment may, in the Company’s discretion, state that such notice is conditioned upon the the consummation of any refinancing, debt issuance or other capital markets transaction or upon any acquisition, divestiture or change of control transaction. In the event that such notice of redemption contains such a condition and the stated condition is not met, then: (i) the redemption shall not be made; (ii) notice shall be given on or prior to the Redemption Date by facsimile to the Holders of the Redemption Consideration Notes and the Trustee that such condition was not met and such redemption was not required to be made; and (iii) the Paying Agent or Agents for the Notes shall be accompanied by proper instruments of transfer and assignment and by the delivery of representations and warranties of (A) each of the Members with respect to its due authority to sell all of the right, title and interest in and to such Member’s Redeemed Units promptly return to the Company and with respect to the ownership by Holders any Notes surrendered for payment upon such Member of such Redeemed Units, free and clear of all Liens, and (B) the Company with respect to its due authority to acquire such Redeemed Units for the Redemption Considerationredemption.

Redemption at the Option of the Company. (a) At Prior to the Par Call Date, the Notes will be subject to redemption by the Company, in whole at any time, time or in part from time to time, following the date hereof, the Company shall have the right at a Redemption Price (the “Make-Whole Redemption RightPrice”) equal to redeem allthe greater of (i) 100% of the principal amount of the Notes to be redeemed; and (ii) the sum of the present values, but not less than allas calculated by the Independent Investment Banker, of the outstanding Company Units held by remaining scheduled payments of principal and interest thereon that would be due if the Members in exchange for the Parent OP Units held by the Company which were contributed by such Members (and any securities issued by Parent OP with respect to such Parent OP Units) Notes matured on the terms Par Call Date (exclusive of the interest accrued to the Redemption Date) computed by discounting such payments to the Redemption Date on a semi-annual basis, assuming a 360-day year consisting of twelve 30-day months, at a rate equal to the sum of the Adjusted Treasury Rate for such Notes plus 25 basis points, plus accrued and unpaid interest, if any, to, but excluding, the Redemption Date (subject to the conditions and restrictions contained in this Section 6.2. The Redemption Right may be exercised by right of Holders of record on the Company upon delivery by relevant Record Date to receive interest due on the Manager to the Members of a notice in the form of Annex C hereto (a “Redemption Notice”), which notice shall state that all of such Member’s Company Units are to be redeemed by the Company in exchange for such Parent OP Units (the “Redeemed Units”relevant Interest Payment Date). (b) Promptly On or after mailing the Par Call Date, the Notes will be subject to redemption by the Company, in whole at any time or in part from time to time, at a Redemption NoticePrice equal to 100% of the principal amount of the Notes to be redeemed, plus accrued and unpaid interest thereon to, but excluding, the Manager shall effect Redemption Date (subject to the exchange right of Holders of record on the Redeemed Units held by relevant Record Date to receive interest due on the applicable Member for the Parent OP Units held by the Company which were contributed by such Member (and any securities issued by Parent OP with respect to such Parent OP Units) (the “Redemption Consideration”relevant Interest Payment Date). (c) The closing Company shall have no obligation to redeem, purchase or repay Notes pursuant to any sinking fund or analogous provision or, except as provided in Section 2.07 hereof, at the option of the redemption of the Redeemed Units shall be held at a location and on a date selected by the Manager, which date (the “Redemption Settlement Date”) shall between ten (10) and thirty (30) days after the date of the Redemption NoticeHolder thereof. (d) At the closing of the redemption of the Redeemed Units, payment of the Redemption Consideration shall be accompanied by proper instruments of transfer and assignment and by the delivery of representations and warranties of (A) each of the Members with respect to its due authority to sell all of the right, title and interest in and to such Member’s Redeemed Units to the Company and with respect to the ownership by such Member of such Redeemed Units, free and clear of all Liens, and (B) the Company with respect to its due authority to acquire such Redeemed Units for the Redemption Consideration.

Redemption at the Option of the Company. The provisions of Article IV of the Base Indenture, as supplemented by the provisions of this Second Supplemental Indenture, shall apply to the Notes. (a) At Prior to November 23, 2031 (three months prior to their maturity date (the “Par Call Date”)), the Company may redeem the Notes at its option, in whole or in part, at any time, or time and from time to time, following at a redemption price (expressed as a percentage of principal amount and rounded to three decimal places) equal to the greater of: (a) the sum of the present values of the remaining scheduled payments of principal and interest thereon discounted to the redemption date (assuming the Notes matured on the Par Call Date) on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the Treasury Rate plus 30 basis points less (b) interest accrued to the date hereofof redemption, and (B) 100% of the principal amount of the Notes to be redeemed, plus, in either case, accrued and unpaid interest thereon to, but excluding, the Company shall have the right (the “Redemption Right”) to redeem all, but not less than all, of the outstanding Company Units held by the Members in exchange for the Parent OP Units held by the Company which were contributed by such Members (and any securities issued by Parent OP with respect to such Parent OP Units) on the terms and subject to the conditions and restrictions contained in this Section 6.2. The Redemption Right may be exercised by the Company upon delivery by the Manager to the Members of a notice in the form of Annex C hereto (a “Redemption Notice”), which notice shall state that all of such Member’s Company Units are to be redeemed by the Company in exchange for such Parent OP Units (the “Redeemed Units”)redemption date. (b) Promptly On or after mailing a Redemption Noticethe Par Call Date, the Manager shall effect Company may redeem the exchange Notes, in whole or in part, at any time and from time to time, at a redemption price equal to 100% of the Redeemed Units held by principal amount of the applicable Member for Notes being redeemed plus accrued and unpaid interest thereon to, but excluding, the Parent OP Units held by the Company which were contributed by such Member (and any securities issued by Parent OP with respect to such Parent OP Units) (the “Redemption Consideration”)redemption date. (c) The closing of Company’s actions and determinations in determining the redemption of the Redeemed Units price shall be held at a location conclusive and on a date selected by the Managerbinding for all purposes, which date (the “Redemption Settlement Date”) shall between ten (10) and thirty (30) days after the date of the Redemption Noticeabsent manifest error. (d) At A notice of redemption under Section 4.03 of the closing Base Indenture may be given by the Company or, at the Company’s request, by the Trustee in the name and at the expense of the Company, more than 60 days prior to the Redemption Date (but not less than 10 days prior to the Redemption Date) to the Holders of the Notes to be redeemed in whole or in part if the notice of redemption is issued by the Company in connection with the satisfaction and discharge of the Indenture with respect to the Notes in accordance with Section 12.02 of the Base Indenture. Notice of any redemption may be mailed or electronically delivered (or otherwise transmitted in accordance with the Depositary’s procedures). (e) A notice of redemption and the redemption to which it relates may, at the Company’s option and discretion, be subject to the satisfaction of any conditions precedent contained in such notice of redemption. (f) In the case of a partial redemption, selection of the Notes for redemption will be made pro rata, by lot or by such other method as the Trustee in its sole discretion deems appropriate and fair. No Notes of a principal amount of $2,000 or less will be redeemed in part. If any note is to be redeemed in part only, the notice of redemption that relates to the note will state the portion of the principal amount of the note to be redeemed. A new note in a principal amount equal to the unredeemed portion of the note will be issued in the name of the holder of the note upon surrender for cancellation of the original note. For so long as the Notes are held by DTC (or another depositary), the redemption of the Redeemed Units, Notes shall be done in accordance with the policies and procedures of the depositary. (g) Unless the Company defaults in payment of the Redemption Consideration redemption price, on and after the redemption date interest will cease to accrue on the Notes or portions thereof called for redemption. (h) The principal amount of the Notes remaining outstanding after redemption in part shall be accompanied by proper instruments $2,000 or an integral multiple of transfer and assignment and $1,000 in excess thereof. (i) Section 3.06(g) of the Base Indenture shall be replaced by the delivery below provision: The Company shall not be required to (i) register, transfer or exchange Securities of representations and warranties any series during a period beginning at the opening of (A) each business 15 days before the day of the Members with respect to its due authority to sell all transmission of the right, title and interest in and to such Member’s Redeemed Units to the Company and with respect to the ownership by such Member a notice of redemption of Securities of such Redeemed Unitsseries selected for redemption under Section 4.02 and ending at the close of business on the day of such transmission, free and clear or (ii) register, transfer or exchange any Security so selected for redemption in whole or in part, except the unredeemed portion of all Liens, and (B) the Company with respect to its due authority to acquire such Redeemed Units for the Redemption Considerationany Security being redeemed in part.

Redemption at the Option of the Company. (a) At Prior to the Par Call Date, the Notes will be subject to redemption by the Company, in whole at any time, time or in part from time to time, following the date hereof, the Company shall have the right at a Redemption Price (the “Make-Whole Redemption RightPrice”) equal to redeem allthe greater of (i) 100% of the principal amount of the Notes to be redeemed; and (ii) the sum of the present values, but not less than allas calculated by the Independent Investment Banker, of the outstanding Company Units held by remaining scheduled payments of principal and interest thereon that would be due if the Members in exchange for the Parent OP Units held by the Company which were contributed by such Members (and any securities issued by Parent OP with respect to such Parent OP Units) Notes matured on the terms Par Call Date (exclusive of the interest accrued to the Redemption Date) computed by discounting such payments to the Redemption Date on a semi-annual basis, assuming a 360-day year consisting of twelve 30-day months, at a rate equal to the sum of the Adjusted Treasury Rate for such Notes plus 50 basis points, plus accrued and unpaid interest, if any, to, but excluding, the Redemption Date (subject to the conditions and restrictions contained in this Section 6.2. The Redemption Right may be exercised by right of Holders of record on the Company upon delivery by relevant Record Date to receive interest due on the Manager to the Members of a notice in the form of Annex C hereto (a “Redemption Notice”), which notice shall state that all of such Member’s Company Units are to be redeemed by the Company in exchange for such Parent OP Units (the “Redeemed Units”relevant Interest Payment Date). (b) Promptly On or after mailing the Par Call Date, the Notes will be subject to redemption by the Company, in whole at any time or in part from time to time, at a Redemption NoticePrice equal to 100% of the principal amount of the Notes to be redeemed, plus accrued and unpaid interest thereon to, but excluding, the Manager shall effect Redemption Date (subject to the exchange right of Holders of record on the Redeemed Units held by relevant Record Date to receive interest due on the applicable Member for the Parent OP Units held by the Company which were contributed by such Member (and any securities issued by Parent OP with respect to such Parent OP Units) (the “Redemption Consideration”relevant Interest Payment Date). (c) The closing Company shall have no obligation to redeem, purchase or repay Notes pursuant to any sinking fund or analogous provision or, except as provided in Section 2.07 hereof, at the option of the redemption of the Redeemed Units shall be held at a location and on a date selected by the Manager, which date (the “Redemption Settlement Date”) shall between ten (10) and thirty (30) days after the date of the Redemption Notice. (d) At the closing of the redemption of the Redeemed Units, payment of the Redemption Consideration shall be accompanied by proper instruments of transfer and assignment and by the delivery of representations and warranties of (A) each of the Members with respect to its due authority to sell all of the right, title and interest in and to such Member’s Redeemed Units to the Company and with respect to the ownership by such Member of such Redeemed Units, free and clear of all Liens, and (B) the Company with respect to its due authority to acquire such Redeemed Units for the Redemption Consideration.Holder thereof. 11

Redemption at the Option of the Company. (a) At The Company will have the right to redeem the Notes of any timeseries, in whole at any time or in part from time to time, following at the date hereofCompany’s option, on at least 30 days’ but no more than 60 days’ prior written notice given to the registered Holders of such series of Notes to be redeemed. The Company will provide notice of such redemption to the Trustee and Securities Administrator in accordance with Section 11.02 of the Indenture. Upon redemption of such Notes to be redeemed, the Company will pay a redemption price equal to the greater of (1) 100% of the principal amount of the Notes to be redeemed and (2) the sum of the present values of the Remaining Scheduled Payments (as defined above) of the Notes to be redeemed, discounted to the date of redemption on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the Treasury Rate plus the Additional Basis Points for such series of Notes, in each case plus accrued and unpaid interest thereon to the Redemption Date. The Company shall perform and have full responsibility for the calculation of the redemption price and the remaining scheduled payments and neither the Trustee nor the Securities Administrator shall have any responsibility or liability in connection with such calculation or any verification obligation in connection therewith, it being understood that the right (Trustee or the “Redemption Right”) to redeem all, but not less than all, Securities Administrator shall promptly notify the Company in case of a manifest error in the outstanding Company Units held by the Members in exchange for the Parent OP Units held calculation made by the Company of which were contributed by such Members (a Responsible Officer of the Trustee or the Securities Administrator, as applicable, has actual knowledge. This calculation shall be final and any securities issued by Parent OP with respect to such Parent OP Units) on the terms and subject to the conditions and restrictions contained in this Section 6.2binding absent a manifest error. The Redemption Right may notice of redemption will comply with the provisions of Sections 1.06 and 11.07 of the Indenture and will state any conditions applicable to a redemption and the amount of Notes to be exercised by redeemed. If less than all the Company upon delivery by the Manager to the Members of a notice in the form of Annex C hereto (a “Redemption Notice”), which notice shall state that all of such Member’s Company Units Notes are to be redeemed DTC will select the Notes to be redeemed in accordance with its standard procedures in the case of Notes represented by Global Notes and otherwise by a pro rata basis, by lot or by such other method as the Securities Administrator deems fair and appropriate. Any Notes that are redeemed pursuant to this Section 3.1 will be cancelled. In accordance with Section 11.03 of the Indenture, except as described under this Section 3.1 or Section 3.2 of this First Supplemental Indenture, the Notes will not otherwise be redeemable by the Company in exchange for such Parent OP Units (at the “Redeemed Units”). (b) Promptly after mailing a Redemption Notice, the Manager shall effect the exchange of the Redeemed Units held by the applicable Member for the Parent OP Units held by the Company which were contributed by such Member (and any securities issued by Parent OP with respect to such Parent OP Units) (the “Redemption Consideration”). (c) The closing of the redemption of the Redeemed Units shall be held at a location and on a date selected by the Manager, which date (the “Redemption Settlement Date”) shall between ten (10) and thirty (30) days after the date of the Redemption Notice. (d) At the closing of the redemption of the Redeemed Units, payment of the Redemption Consideration shall be accompanied by proper instruments of transfer and assignment and by the delivery of representations and warranties of (A) each of the Members with respect to its due authority to sell all of the right, title and interest in and to such MemberCompany’s Redeemed Units option prior to the Company and with respect to the ownership by such Member of such Redeemed Units, free and clear of all Liens, and (B) the Company with respect to its due authority to acquire such Redeemed Units for the Redemption ConsiderationStated Maturity.