Common use of Restrictions on Sales Clause in Contracts

Restrictions on Sales. Unless this Agreement is terminated in accordance with its terms or the Closing does not occur on the Closing Date, the Trust shall not for a period of 90 days after the Closing Date, (i) offer, pledge, sell, contract to sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase or otherwise transfer or dispose of, directly or indirectly, Units of the Trust or any securities convertible into or exercisable or exchangeable for Units, or (ii) enter into any swap or other arrangement that transfers, in whole or in part, any of the economic consequences of ownership of the Units or such other securities, whether any such transaction described in clause (i) or (ii) of this paragraph is to be settled by delivery of Units or such other securities, in cash or otherwise, other than the Underwritten Units offered pursuant to the transactions contemplated by this Agreement, without the prior consent of CIBC, acting reasonably. The foregoing restrictions shall not apply with respect to issuances of securities by the Trust in connection with (i) the exercise of currently outstanding director compensation securities or similar liabilities; or (ii) the satisfaction of outstanding instruments or contractual commitments that have been publicly disclosed. For greater certainty, nothing contained in this paragraph 14 shall be construed to in any way limit the ability of the Trust from issuing, transferring or otherwise dealing with any securities of the Trust if this Agreement is terminated in accordance with its terms or the Closing does not occur on the Closing Date.

Restrictions on Sales. Unless this Agreement is terminated in accordance with its terms or the Closing does not occur on the Closing Date, the Trust shall not for a period of 90 days after the Closing Date, (i) offer, pledge, sell, contract to sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase or otherwise transfer or dispose of, directly or indirectly, Units of the Trust or any securities convertible into or exercisable or exchangeable for Units, or (ii) enter into any swap or other arrangement that transfers, in whole or in part, any of the economic consequences of ownership of the Units or such other securities, whether any such transaction described in clause (i) or (ii) of this paragraph is to be settled by delivery of Units or such other securities, in cash or otherwise, other than the Underwritten Units offered pursuant to the transactions contemplated by this Agreement, without the prior consent of CIBCthe Underwriter, acting reasonably. The foregoing restrictions shall not apply with respect to issuances of securities by the Trust in connection with (i) the exercise of currently outstanding director compensation securities or similar liabilities; or (ii) the satisfaction of outstanding instruments or contractual commitments that have been publicly disclosed. For greater certainty, nothing contained in this paragraph 14 shall be construed to in any way limit the ability of the Trust from issuing, transferring or otherwise dealing with any securities of the Trust if this Agreement is terminated in accordance with its terms or the Closing does not occur on the Closing Date.

Restrictions on Sales. Unless this Agreement is terminated in accordance with its terms or the Closing does not occur on the Closing Date, the Trust shall not for a period of 90 days after the Closing Date, (i) offer, pledge, sell, contract to sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase or otherwise transfer or dispose of, directly or indirectly, Units of the Trust or any securities convertible into or exercisable or exchangeable for Units, or (ii) enter into any swap or other arrangement that transfers, in whole or in part, any of the economic consequences of ownership of the Units or such other securities, whether any such transaction described in clause (i) or (ii) of this paragraph is to be settled by delivery of Units or such other securities, in cash or otherwise, other than the Underwritten Units offered pursuant to the transactions contemplated by this Agreement, without the prior consent of CIBCthe Underwriter, acting reasonably. The foregoing restrictions shall not apply with respect to issuances of securities by the Trust in connection with (i) the exercise of currently outstanding employee and director compensation securities or similar liabilities; or (ii) the satisfaction of outstanding instruments or contractual commitments that have been publicly disclosed. For greater certainty, nothing contained in this paragraph 14 shall be construed to in any way limit the ability of the Trust from issuing, transferring or otherwise dealing with any securities of the Trust if this Agreement is terminated in accordance with its terms or the Closing does not occur on the Closing Date.