Common use of Restrictions on Public Sale Clause in Contracts

Restrictions on Public Sale. The Beneficial Owners shall: (a) in the event the Trust is issuing equity securities to the public in an underwritten offering, and, if requested by the managing underwriter or underwriters for such underwritten offering, subject to Section 4(e) above, not effect any public sale or distribution of Registrable Securities or any securities convertible into or exchangeable or exercisable for such Registrable Securities, including a sale pursuant to Rule 144 (or any similar provision then in force) under the Securities Act, for a period commencing on the tenth (10th) day prior to the date such underwritten offering commences (such offering being deemed to commence for this purpose on the later of the effective date for the registration statement for such offering or, if applicable, the date of the prospectus supplement for such offering) and ending 90 days after the closing of such underwritten offering; (b) not, during any period in which any of their Registrable Securities are included in any effective registration statement: (i) effect any stabilization transactions or engage in any stabilization activity in connection with the Shares or other equity securities of the Trust in contravention of Rule 104 of Regulation M under the Exchange Act; or (ii) permit any Affiliated Purchaser (as that term is defined in Rule 101 of Regulation M under the Exchange Act) to bid for or purchase for any account in which any Beneficial Owner has a beneficial interest, or attempt to induce any other person to purchase, any Shares in contravention of Rule 102 of Regulation M under the Exchange Act; and (c) furnish each broker through whom the Beneficial Owners offer Registrable Securities such number of copies of the prospectus as such broker may require and otherwise comply with the prospectus delivery requirements under the Securities Act.

Restrictions on Public Sale. The Beneficial Owners Each Holder shall: (a) in the event the Trust Company is issuing equity securities to the public in an underwritten offering, and, Underwritten Offering and if requested by the managing underwriter or underwriters for such underwritten offering, subject to Section 4(e) aboveUnderwritten Offering, not effect any public sale or distribution of Registrable Securities Common Shares or any securities convertible into or exchangeable or exercisable for such Registrable SecuritiesCommon Shares (except for Registrable Common Shares included in such registration), including a sale pursuant to Rule 144 (or any similar provision then in force) under the Securities Act, for a period commencing on the tenth seventh (10th7th) day Business Day prior to the date such underwritten offering Underwritten Offering commences (such offering Underwritten Offering being deemed to commence for this purpose on the later of the effective date for the registration statement for such offering Underwritten Offering or, if applicable, the date of the prospectus supplement for such offeringUnderwritten Offering) and ending 90 days after the closing of such underwritten offeringUnderwritten Offering, or such shorter period as may be permitted by the managing underwriters; (b) not, during any period in which any of their Registrable Securities are included in any effective registration statement: (i) effect any stabilization transactions or engage in any stabilization activity in connection comply with the Shares or other equity securities of the Trust in contravention of Rule 104 of Regulation M under the Exchange Act; or (ii) permit Act in connection with the offer and sale of Registrable Common Shares made by such Holder pursuant to any Affiliated Purchaser (registration statement, and provide the Company with such information about such Holder's offer and sale of Registrable Common Shares pursuant to any registration statement as that term is defined in Rule 101 of the Company shall reasonably request to enable the Company and its affiliates to comply with Regulation M under the Exchange Act) to bid for or purchase for Act in connection with any account in which any Beneficial Owner has a beneficial interest, or attempt to induce any other person to purchase, any Shares in contravention of Rule 102 of Regulation M under the Exchange Actsuch offer and sale; and (c) furnish each broker through whom the Beneficial Owners offer such Holder offers Registrable Securities Common Shares such number of copies of the prospectus as such broker may require and otherwise comply with the prospectus delivery requirements under the Securities Act.