Class D Preferred Units

Class D Preferred Units. A class of preferred equity of the Borrower bearing the terms set forth and described in the Third Amended and Restated Limited Liability Company Agreement dated as of October 9, 2008, and the Unit Purchase Agreement dated as of October 9, 2008, by and between the Borrower and certain investors as set forth therein (as amended, restated, supplemented or otherwise modified from time to time, the "Unit Agreement")