Common use of Commercial Copies Clause in Contracts

Commercial Copies. The Trust shall cause commercial copies of the Shelf Prospectuses and the Prospectus Supplements to be delivered, without charge, to the Underwriter in Toronto and in such other cities in North America and in such quantities as the Underwriter may reasonably request by oral instructions to the printer of such documents. Such delivery of the Prospectus Supplements shall be effected as soon as possible but, in any event, on or before noon (Toronto time) on January 12, 2009. Such deliveries shall constitute the consent of the Trust to the Underwriter’s use of the Shelf Prospectuses and Prospectus Supplements in connection with the distribution of the Underwritten Units in the Qualifying Canadian Jurisdictions and in the United States in compliance with the provisions of this Agreement and Applicable Securities Laws.

Commercial Copies. The Trust shall cause commercial copies of the Shelf Prospectuses and the Prospectus Supplements to be delivered, without charge, to the Underwriter in Toronto and in such other cities in North America and in such quantities as the Underwriter may reasonably request by oral instructions to the printer of such documents. Such delivery of the Prospectus Supplements shall be effected as soon as possible but, in any event, on or before noon (Toronto time) on January 12May 7, 2009. Such deliveries shall constitute the consent of the Trust to the Underwriter’s use of the Shelf Prospectuses and Prospectus Supplements in connection with the distribution of the Underwritten Units in the Qualifying Canadian Jurisdictions and in the United States in compliance with the provisions of this Agreement and Applicable Securities Laws.

Commercial Copies. The Trust shall cause commercial copies of the Shelf Prospectuses and the Prospectus Supplements to be delivered, without charge, to the Underwriter Underwriters in Toronto and in such other cities in North America and in such quantities as the Underwriter Underwriters may reasonably request by oral instructions to the printer of such documents. Such delivery of the Prospectus Supplements shall be effected as soon as possible but, in any event, on or before noon (Toronto time) on January 12October 31, 20092011. Such deliveries shall constitute the consent of the Trust to the Underwriter’s Underwriters’ use of the Shelf Prospectuses and Prospectus Supplements in connection with the distribution of the Underwritten Units in the Qualifying Canadian Jurisdictions and in the United States in compliance with the provisions of this Agreement and Applicable Securities Laws.

Commercial Copies. The Trust Corporation shall cause commercial copies of the Shelf Prospectuses and the Prospectus Supplements to be delivered, without charge, to the Underwriter in Toronto and in such other cities in North America and in such quantities as the Underwriter may reasonably request by oral instructions to the printer of such documents. Such delivery of the Prospectus Supplements shall be effected as soon as possible but, in any event, on or before noon (Toronto time) on January 1228, 2009. Such deliveries shall constitute the consent of the Trust Corporation to the Underwriter’s use of the Shelf Prospectuses and Prospectus Supplements in connection with the distribution of the Underwritten Units Shares in the Qualifying Canadian Jurisdictions and in the United States in compliance with the provisions of this Agreement and Applicable Securities Laws.

Commercial Copies. The Trust shall cause commercial copies of the Shelf Prospectuses and the Prospectus Supplements to be delivered, without charge, to the Underwriter Underwriters in Toronto and in such other cities in North America and in such quantities as the Underwriter Underwriters may reasonably request by oral instructions to the printer of such documents. Such delivery of the Prospectus Supplements shall be effected as soon as possible but, in any event, on or before noon (Toronto time) on January 12June 17, 20092010. Such deliveries shall constitute the consent of the Trust to the Underwriter’s Underwriters’ use of the Shelf Prospectuses and Prospectus Supplements in connection with the distribution of the Underwritten Units in the Qualifying Canadian Jurisdictions and in the United States in compliance with the provisions of this Agreement and Applicable Securities Laws.