Common use of Restrictions on Creation of MRP Shares and Distributions Clause in Contracts

Restrictions on Creation of MRP Shares and Distributions. (a) The Company is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the creation or issuance of MRP Shares of the Company, other than this Agreement and the Articles Supplementary and under Section 6.6 of the Credit Agreement, under Section 6.4 of the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Xxxxx Xxxxxxxx MLP Investment Company Securities Purchase Agreement Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary and the Series H Articles Supplementary. (b) The Company is not a party to or bound by any contract, indenture, agreement, instrument, order of any court, or governmental agency rule or regulation (other than the 1940 Act), or any note, debenture, bond, or other security, which contains provisions expressly limiting or restricting payments by the Company on or in respect of shares of its capital stock of any class, including, without limitation, the Company’s right and obligation to declare and pay dividends on the MRP Shares and to make mandatory and optional redemption of shares of the MRP Shares pursuant to the provisions of the Articles Supplementary other than this Agreement, the Credit Agreement, under the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary and the Series H Articles Supplementary. The Company is subject to the Maryland General Corporation Law and the Articles Supplementary which impose limitations on the declaration and payment of dividends and other distributions and the redemption of the MRP Shares.

Restrictions on Creation of MRP Shares and Distributions. (a) The Company is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the creation or issuance of MRP Shares of the Company, other than this Agreement and the Articles Supplementary and under Section 6.6 of the Credit Agreement, under Section 6.4 of the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Xxxxx Xxxxxxxx MLP Investment Company Securities Purchase Agreement Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, and under Section 10.4 of the 2011 Note Purchase Agreement, Agreement and under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, Supplementary and under the Series B and C Articles Supplementary. Xxxxx Xxxxxxxx Midstream/Energy Fund, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary and the Series H Articles Supplementary.Inc. Securities Purchase Agreement (b) The Company is not a party to or bound by any contract, indenture, agreement, instrument, order of any court, or governmental agency rule or regulation (other than the 1940 Act), or any note, debenture, bond, or other security, which contains provisions expressly limiting or restricting payments by the Company on or in respect of shares of its capital stock of any class, including, without limitation, the Company’s right and obligation to declare and pay dividends on the MRP Shares and to make mandatory and optional redemption of shares of the MRP Shares pursuant to the provisions of the Articles Supplementary other than this Agreement, under Section 6.6 of the Credit Agreement, under the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, Supplementary and under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary and the Series H Articles Supplementary. The Company is subject to the Maryland General Corporation Law and the Articles Supplementary which impose limitations on the declaration and payment of dividends and other distributions and the redemption of the MRP Shares.

Restrictions on Creation of MRP Shares and Distributions. (a) The Company is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the creation or issuance of MRP Shares of the Company, other than this Agreement and the Articles Supplementary and under Section 6.6 of the JPMorgan Credit Agreement, under Section 6.4 of the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Xxxxx Xxxxxxxx MLP Investment Company Securities Purchase Agreement Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 2013A Note Purchase Agreement, under Section 10.4 of the 2014A 2013B Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G F/G/H Articles Supplementary and the Series H I Articles Supplementary. (b) The Company is not a party to or bound by any contract, indenture, agreement, instrument, order of any court, or governmental agency rule or regulation (other than the 1940 Act), or any note, debenture, bond, or other security, which contains provisions expressly limiting or restricting payments by the Company on or in respect of shares of its capital stock of any class, including, without limitation, the Company’s right and obligation to declare and pay dividends on the MRP Shares and to make mandatory and optional redemption of shares of the MRP Shares pursuant to the provisions of the Articles Supplementary other than this Agreement, the Credit Agreement, under the Sumitomo Loan Agreement, under Section 10.4 6.6 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase JPMorgan Credit Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 2013A Note Purchase Agreement, under Section 10.4 of the 2014A 2013B Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G F/G/H Articles Supplementary and the Series H I Articles Supplementary. The Company is subject to the Maryland General Corporation Law and the Articles Supplementary which impose limitations on the declaration and payment of dividends and other distributions and the redemption of the MRP SharesXxxxxx.

Restrictions on Creation of MRP Shares and Distributions. (a) The Company is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the creation or issuance of MRP Shares of the Company, other than this Agreement and the Articles Supplementary and under Section 6.6 of the Credit Agreement, under Section 6.4 of the Sumitomo Term Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Xxxxx Xxxxxxxx MLP Investment Company Securities Purchase Agreement Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Xxxxx Xxxxxxxx MLP Investment Company Securities Purchase Agreement Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B 2014 Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary and the Series H G Articles Supplementary. (b) The Company is not a party to or bound by any contract, indenture, agreement, instrument, order of any court, or governmental agency rule or regulation (other than the 1940 Act), or any note, debenture, bond, or other security, which contains provisions expressly limiting or restricting payments by the Company on or in respect of shares of its capital stock of any class, including, without limitation, the Company’s right and obligation to declare and pay dividends on the MRP Shares and to make mandatory and optional redemption of shares of the MRP Shares pursuant to the provisions of the Articles Supplementary other than this Agreement, the Credit Agreement, under the Sumitomo Term Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B 2014 Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary and the Series H G Articles Supplementary. The Company is subject to the Maryland General Corporation Law and the Articles Supplementary which impose limitations on the declaration and payment of dividends and other distributions and the redemption of the MRP Shares.

Restrictions on Creation of MRP Shares and Distributions. (a) The Company is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the creation or issuance of MRP Shares of the Company, other than this Agreement and the Articles Supplementary and under Section 6.6 of the Credit Agreement, under Section 6.4 of the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Xxxxx Xxxxxxxx MLP Investment Company Securities Purchase Agreement Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary and the Series H Articles Supplementary.Purchase (b) The Company is not a party to or bound by any contract, indenture, agreement, instrument, order of any court, or governmental agency rule or regulation (other than the 1940 Act), or any note, debenture, bond, or other security, which contains provisions expressly limiting or restricting payments by the Company on or in respect of shares of its capital stock of any class, including, without limitation, the Company’s right and obligation to declare and pay dividends on the MRP Shares and to make mandatory and optional redemption of shares of the MRP Shares pursuant to the provisions of the Articles Supplementary other than this Agreement, the Credit Agreement, under the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary and the Series H Articles Supplementary. The Company is subject to the Maryland General Corporation Law and the Articles Supplementary which impose limitations on the declaration and payment of dividends and other distributions and the redemption of the MRP Shares.

Restrictions on Creation of MRP Shares and Distributions. (a) The Company is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the creation or issuance of MRP Shares of the Company, other than this Agreement and the Articles Supplementary and under Section 6.6 of the Bank of America Credit Agreement, under Section 6.4 of the Sumitomo Loan Agreement, under Section 10.4 of the 2009 2013A Note Purchase Agreement, under the 2013B Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Xxxxx Xxxxxxxx MLP Investment Company Securities Purchase Agreement Agreement, under Section 10.4 of the 2010B 2014 Note Purchase Agreement, under Section 10.4 of the 2011 2021 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary and the Series H Articles Supplementary.Section (b) The Company is not a party to or bound by any contract, indenture, agreement, instrument, order of any court, or governmental agency rule or regulation (other than the 1940 Act), or any note, debenture, bond, or other security, which contains provisions expressly limiting or restricting payments by the Company on or in respect of shares of its capital stock of any class, including, without limitation, the Company’s right and obligation to declare and pay dividends on the MRP Shares and to make mandatory and optional redemption of shares of the MRP Shares pursuant to the provisions of the Articles Supplementary other than this Agreement, under Section 6.6 of the Bank of America Credit Agreement, under the Sumitomo Loan Agreement, under Section 10.4 of the 2009 2013A Note Purchase Agreement, under the 2013B Note Purchase Agreement, under Section 10.4 of the 2010A 2014 Note Purchase Agreement, under Section 10.4 of the 2010B 2021 Note Purchase Agreement, under Section 10.4 of the 2011 2022 Note Purchase Agreement, the 2023 Note Purchase Agreement, the 2024A Note Purchase Agreement, under Section 10.4 of the 2012 2024B Note Purchase Agreement, the 2024C Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A R/S Articles Supplementary, under the Series B and C T Articles Supplementary, under the Series E U Articles Supplementary, under the Series F Articles Supplementary, the Series G V Articles Supplementary and under the Series H W Articles Supplementary. The Company is subject to the Maryland General Corporation Law and the Articles Supplementary which impose limitations on the declaration and payment of dividends and other distributions and the redemption of the MRP SharesXxxxxx.

Restrictions on Creation of MRP Shares and Distributions. (a) The Company is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the creation or issuance of MRP Shares of the Company, other than this Agreement and the Articles Supplementary and under Section 6.6 of the JPMorgan Credit Agreement, under Section 6.4 6.6 of the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Xxxxx Xxxxxxxx MLP Investment Company Securities Purchase Agreement Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Credit Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 10.4 of the First Supplemental Indenture of Trust2021 Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 10.4 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary 2022 Note Purchase Agreement and the Series H R/S Articles Supplementary. (b) The Company is not a party to or bound by any contract, indenture, agreement, instrument, order of any court, or governmental agency rule or regulation (other than the 1940 Act), or any note, debenture, bond, or other security, which contains provisions expressly limiting or restricting payments by the Company on or in respect of shares of its capital stock of any class, including, without limitation, the Company’s right and obligation to declare and pay dividends on the MRP Shares and to make mandatory and optional redemption of shares of the MRP Shares pursuant to the provisions of the Articles Supplementary other than this Agreement, under Section 6.6 of the JPMorgan Credit Agreement, under Section 6.6 of the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Credit Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 10.4 of the First Supplemental Indenture of Trust2021 Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 10.4 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary 2022 Note Purchase Agreement and the Series H R/S Articles Supplementary. The Company is subject to the Maryland General Corporation Law and the Articles Supplementary which impose limitations on the declaration and payment of dividends and other distributions and the redemption of the MRP SharesXxxxxx.

Restrictions on Creation of MRP Shares and Distributions. (a) The Company is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the creation or issuance of MRP Shares of the Company, other than this Agreement and the Articles Supplementary and under Section 6.6 of the JPMorgan Credit Agreement, under Section 6.4 of the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Xxxxx Xxxxxxxx MLP Investment Company Securities Purchase Agreement Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 2013A Note Purchase Agreement, under Section 10.4 of the 2014A 2013B Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G D Articles Supplementary and the Series H E Articles Supplementary. (b) The Company is not a party to or bound by any contract, indenture, agreement, instrument, order of any court, or governmental agency rule or regulation (other than the 1940 Act), or any note, debenture, bond, or other security, which contains provisions expressly limiting or restricting payments by the Company on or in respect of shares of its capital stock of any class, including, without limitation, the Company’s right and obligation to declare and pay dividends on the MRP Shares and to make mandatory and optional redemption of shares of the MRP Shares pursuant to the provisions of the Articles Supplementary other than this Agreement, the Credit Agreement, under the Sumitomo Loan Agreement, under Section 10.4 6.6 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase JPMorgan Credit Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 2013A Note Purchase Agreement, under Section 10.4 of the 2014A 2013B Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G D Articles Supplementary and the Series H E Articles Supplementary. The Company is subject to the Maryland General Corporation Law and the Articles Supplementary which impose limitations on the declaration and payment of dividends and other distributions and the redemption of the MRP SharesXxxxxx.

Restrictions on Creation of MRP Shares and Distributions. (a) The Company is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the creation or issuance of MRP Shares of the Company, other than this Agreement and the Articles Supplementary and under Section 6.6 of the Credit Agreement, under Section 6.4 of the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Xxxxx Xxxxxxxx MLP Investment Company Securities Purchase Agreement Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary, the Series H Articles Supplementary and the Series H I Articles Supplementary. (b) The Company is not a party to or bound by any contract, indenture, agreement, instrument, order of any court, or governmental agency rule or regulation (other than the 1940 Act), or any note, debenture, bond, or other security, which contains provisions expressly limiting or restricting payments by the Company on or in respect of shares of its capital stock of any class, including, without limitation, the Company’s right and obligation to declare and pay dividends on the MRP Shares and to make mandatory and optional redemption of shares of the MRP Shares pursuant to the provisions of the Articles Supplementary other than this Agreement, the Credit Agreement, under the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary, the Series H Articles Supplementary and the Series H I Articles Supplementary. The Company is subject to the Maryland General Corporation Law and the Articles Supplementary which impose limitations on the declaration and payment of dividends and other distributions and the redemption of the MRP Shares.

Restrictions on Creation of MRP Shares and Distributions. (a) The Company is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the creation or issuance of MRP Shares of the Company, other than this Agreement and the Articles Supplementary and under Section 6.6 of the JPMorgan Credit Agreement, under Section 6.4 of the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Xxxxx Xxxxxxxx MLP Investment Company Securities Purchase Agreement Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C H Articles Supplementary, the Series E I Articles Supplementary, the Series F J Articles Supplementary, the Series G L Articles Supplementary and the Series H M Articles Supplementary. (b) The Company is not a party to or bound by any contract, indenture, agreement, instrument, order of any court, or governmental agency rule or regulation (other than the 1940 Act), or any note, debenture, bond, or other security, which contains provisions expressly limiting or restricting payments by the Company on or in respect of shares of its capital stock of any class, including, without limitation, the Company’s right and obligation to declare and pay dividends on the MRP Shares and to make mandatory and optional redemption of shares of the MRP Shares pursuant to the provisions of the Articles Supplementary other than this Agreement, the Credit Agreement, under the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase JPMorgan Credit Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 Note Purchase Agreement, under Section 10.4 of the 2014A Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C H Articles Supplementary, the Series E I Articles Supplementary, the Series F J Articles Supplementary, the Series G L Articles Supplementary and the Series H M Articles Supplementary. The Company is subject to the Maryland General Corporation Law and the Articles Supplementary which impose limitations on the declaration and payment of dividends and other distributions and the redemption of the MRP Shares.. Xxxxx Xxxxxxxx Energy Infrastructure Fund, Inc. Securities Exchange Agreement

Restrictions on Creation of MRP Shares and Distributions. (a) The Company is not a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company, any agreement relating thereto or any other agreement (including, but not limited to, its charter or other organizational document) which limits the amount of, or otherwise imposes restrictions on the creation or issuance of MRP Shares of the Company, other than this Agreement and the Articles Supplementary and under Section 6.6 of the JPMorgan Credit Agreement, under Section 6.4 of the Sumitomo Loan Agreement, under Section 10.4 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Xxxxx Xxxxxxxx MLP Investment Company Securities Purchase Agreement Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 2013A Note Purchase Agreement, under Section 10.4 of the 2014A 2013B Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary and the Series F/G/H Articles Supplementary. (b) The Company is not a party to or bound by any contract, indenture, agreement, instrument, order of any court, or governmental agency rule or regulation (other than the 1940 Act), or any note, debenture, bond, or other security, which contains provisions expressly limiting or restricting payments by the Company on or in respect of shares of its capital stock of any class, including, without limitation, the Company’s right and obligation to declare and pay dividends on the MRP Shares and to make mandatory and optional redemption of shares of the MRP Shares pursuant to the provisions of the Articles Supplementary other than this Agreement, the Credit Agreement, under the Sumitomo Loan Agreement, under Section 10.4 6.6 of the 2009 Note Purchase Agreement, under Section 10.4 of the 2010A Note Purchase Agreement, under Section 10.4 of the 2010B Note Purchase Agreement, under Section 10.4 of the 2011 Note Purchase JPMorgan Credit Agreement, under Section 10.4 of the 2012 Note Purchase Agreement, under Section 10.4 of the 2013 2013A Note Purchase Agreement, under Section 10.4 of the 2014A 2013B Note Purchase Agreement, under Section 10.4 of the 2014B Note Purchase Agreement, under paragraphs (b) and (c) of Section 4.04 of the First Supplemental Indenture of Trust, under paragraphs (b) and (c) of Section 4.04 of the Second Supplemental Indenture of Trust, under the Series A Articles Supplementary, under the Series B and C Articles Supplementary, the Series E Articles Supplementary, the Series F Articles Supplementary, the Series G Articles Supplementary and the Series F/G/H Articles Supplementary. The Company is subject to the Maryland General Corporation Law and the Articles Supplementary which impose limitations on the declaration and payment of dividends and other distributions and the redemption of the MRP SharesXxxxxx.