Common use of Delivery of the Units and Payment Therefor Clause in Contracts

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx & Xxxxxx L.L.P., 0000 Xxxxxx Xxxxxx, Suite 2500, Houston, Texas 77002 at 8:00 a.m., Houston, Texas Time, on April 12, 2011, or such other place, time and date as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Units and the Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 12 hereof. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx & Xxxxxx L.L.P, 0000 Xxxxxx Xxxxxx, Suite 2500, Houston, Texas 77002 at 8:00 a.m., Houston, Texas Time, on such date or dates (each an “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or notices, from the Representatives on behalf of the Underwriters to the Trust and the Company, of the Underwriters’ determination to purchase a number, specified in such notice or notices, of Additional Units. Such notice or notices may be given at any time within 30 days from the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registered. The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among you, the Trust and the Company. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company (“DTC”) against payment of the purchase price therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Trust. Payment for the Units shall be delivered by the Representatives to the Trust. It is understood that the Representatives have been authorized, for their own accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx & Xxxxxx Xxxxx Xxxxx L.L.P., 0000 Xxxxxx Xxxxxx000 Xxxxxxxxx, Suite 2500Xxxxxxx, Houston, Texas 77002 Xxxxx at 8:00 10:00 a.m., HoustonSt. Petersburg, Texas TimeFlorida time, on April 12January 24, 2011, 2006 or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on February 7, 2006 as the Representatives Representative shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Units and the Closing Date may be varied by agreement among between the Representatives, the Trust Representative and the Company. The Trust and the Company hereby acknowledge acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 12 11 hereof. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx & Xxxxxx L.L.PXxxxx Xxxxx, 0000 Xxxxxx XxxxxxL.L.P., Suite 2500000 Xxxxxxxxx, HoustonXxxxxxx, Texas 77002 Xxxxx at 8:00 10:00 a.m., HoustonSt. Petersburg, Texas TimeFlorida time, on such date or dates (each an the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or noticesnotice, from the Representatives Representative on behalf of the Underwriters to the Trust and the CompanySelling Unitholders, of the Underwriters’ determination to purchase a number, specified in such notice or noticesnotice, of Additional Units. Such notice or notices may be given at any time within 30 days from after the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the certificates for which the Additional Units is are to be registered. The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among you, between the Trust Representative and the CompanySelling Unitholders. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company (“DTC”) against payment of the purchase price therefor therefore by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately next preceding the Closing Date or the Additional Closing Date, as the case may be, by the TrustCompany or the Selling Unitholders, as the case may be. Payment for the Firm Units sold by the Company hereunder shall be delivered by the Representatives Representative to the TrustCompany. Payment for the Additional Units sold by the Selling Unitholders hereunder, if any, shall be delivered by the Representative to the Selling Unitholders. It is understood that the Representatives have Representative has been authorized, for their its own accounts account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price purchase price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. IncorporatedInc., each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. Each of the Company and the Selling Unitholders hereby agrees that it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Units to be sold by the Company or the Selling Unitholders, respectively, to the several Underwriters, or otherwise in connection with the performance of the Company’s or such Selling Unitholder’s respective obligations hereunder.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx & Xxxxxx Xxxxx Xxxxx L.L.P., 0000 Xxxxxx Xxxxxx000 Xxxxxxxxx, Suite 2500Xxxxxxx, Houston, Texas 77002 Xxxxx at 8:00 10:00 a.m., HoustonSt. Petersburg, Texas TimeFlorida time, on April 12[ ], 2011, 2006 or such other place, time and date not later than 1:30 p.m., St. Petersburg, Florida time, on [ ], 2006 as the Representatives Representative shall designate by notice to the Trust and the Company (the time and date of such closing are called the “"Closing Date”"). The place of closing for the Firm Units and the Closing Date may be varied by agreement among between the Representatives, the Trust Representative and the Company. The Trust and the Company hereby acknowledge acknowledges that circumstances under which the Representatives Representative may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, the Company or the Representatives Representative to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 12 11 hereof. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx & Xxxxxx L.L.P[Xxxxx Xxxxx, 0000 Xxxxxx XxxxxxL.L.P., Suite 2500910 Louisiana, Houston, Texas 77002 Texas] at 8:00 10:00 a.m., HoustonSt. Petersburg, Texas TimeFlorida time, on such date or dates (each an “the "Additional Closing Date”") (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or noticesnotice, from the Representatives Representative on behalf of the Underwriters to the Trust and the CompanySelling Unitholders, of the Underwriters’ ' determination to purchase a number, specified in such notice or noticesnotice, of Additional Units. Such notice or notices may be given at any time within 30 days from after the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the certificates for which the Additional Units is are to be registered. The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among you, the Trust between you and the Company. Delivery of Certificates for the Firm Units and of for any Additional Units to be purchased hereunder shall be made delivered through the facilities of The Depository Trust Company (“"DTC”) "). The certificates evidencing the Firm Units and any Additional Units to be purchased hereunder shall be delivered to you on the Closing Date or the Additional Closing Date, as the case may be, against payment of the purchase price therefor therefore by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately next preceding the Closing Date or the Additional Closing Date, as the case may be, by the TrustCompany. Payment for the Units sold by the Company hereunder shall be delivered by the Representatives Representative to the TrustCompany. Payment for the Additional Units sold by the Selling Unitholders hereunder, if any, shall be delivered by the Representative to the Custodian (as defined herein). It is understood that the Representatives have Representative has been authorized, for their its own accounts account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price purchase price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. IncorporatedInc., each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement. Each of the Company and the Selling Unitholders hereby agrees that it will pay all stock transfer taxes, stamp duties and other similar taxes, if any, payable upon the sale or delivery of the Units to be sold by the Company or the Selling Unitholder, respectively, to the several Underwriters, or otherwise in connection with the performance of the Company's or such Selling Unitholder's respective obligations hereunder. Each of the Selling Unitholders hereby agrees that the Custodian is authorized to deduct for such payment any such amounts from the proceeds to such Selling Unitholder hereunder and to hold such amounts for the account of such Selling Unitholder with the Custodian under the Custody Agreement (as defined herein).

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx Akin Gump Xxxxxxx Xxxxx & Xxxxxx L.L.P.Xxxx LLP, 0000 Xxxxxx Xxxxxxxxx Xxxxxx, Suite 2500Xxxxxxx, HoustonXxxxx, Texas 77002 at 8:00 9:00 a.m., Houston, Texas Timetime, on April 12March 25, 20112013, or such other place, time and date as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”)) as shall be determined by agreement between the Representatives and the Partnership. The place of closing for the Firm Units and the Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company Partnership hereby acknowledge acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, the Company Partnership or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 12 11 hereof. Delivery to the Underwriters of and payment for any Additional Option Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx Akin Gump Xxxxxxx Xxxxx & Xxxxxx L.L.PXxxx LLP, 0000 Xxxxxx Xxxxxxxxx Xxxxxx, Suite 2500Xxxxxxx, HoustonXxxxx, Texas 77002 at 8:00 9:00 a.m., Houston, Texas Timetime, on such date or dates (each an the “Additional Option Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or noticesnotice, from the Representatives on behalf of the Underwriters to the Trust and the CompanyPartnership, of the Underwriters’ determination to purchase a number, specified in such notice or noticesnotice, of Additional Option Units. Such notice or notices may be given at any time within 30 days from after the date of the Prospectus and must set forth (i) the aggregate number of Additional Option Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional certificates for which the Option Units is are to be registered. The place of closing for the Additional Option Units and the Additional Option Closing Date may be varied by agreement among you, the Trust between you and the CompanyPartnership. Delivery of the Firm Units and of any Additional Option Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company (“DTC”) against payment of the purchase price therefor therefore by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be, by the TrustPartnership Parties. Payment for the Units sold by the Partnership hereunder shall be delivered by the Representatives to the TrustPartnership. It is understood that the Representatives have been authorized, for their own accounts account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price purchase price per Unit for the Firm Units and the Additional Option Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and AssociatesRBC Capital Markets, Inc. and Xxxxxx Xxxxxxx & Co. IncorporatedLLC, each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Option Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx & Xxxxxx L.L.P., 0000 Xxxxxx Xxxxxx, Suite 2500, Houston, Texas 77002 at 8:00 a.m., Houston, Texas Timetime, on April 1223, 20112012, or such other place, time and date as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Units and the Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 12 hereof. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx & Xxxxxx L.L.P, 0000 Xxxxxx Xxxxxx, Suite 2500, Houston, Texas 77002 at 8:00 a.m., Houston, Texas Time, on such date or dates (each an “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or notices, from the Representatives on behalf of the Underwriters to the Trust and the Company, of the Underwriters’ determination to purchase a number, specified in such notice or notices, of Additional Units. Such notice or notices may be given at any time within 30 days from the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registered. The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among you, the Trust and the Company. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company (“DTC”) against payment of the purchase price therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Trust. Payment for the Units shall be delivered by the Representatives to the Trust. It is understood that the Representatives have been authorized, for their own accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each The Representatives individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx Akin Gump Xxxxxxx Xxxxx & Xxxxxx L.L.P.Xxxx LLP, 0000 Xxxxxx Xxxxxxxxx Xxxxxx, Suite 2500Xxxxxxx, HoustonXxxxx, Texas 77002 at 8:00 9:00 a.m., Houston, Texas Timetime, on April 12October 8, 20112013, or such other place, time and date as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”)) as shall be determined by agreement between the Representatives and the Partnership. The place of closing for the Firm Units and the Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company Partnership hereby acknowledge acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, the Company Partnership or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 12 11 hereof. Delivery to the Underwriters of and payment for any Additional Option Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx Akin Gump Xxxxxxx Xxxxx & Xxxxxx L.L.PXxxx LLP, 0000 Xxxxxx Xxxxxxxxx Xxxxxx, Suite 2500Xxxxxxx, HoustonXxxxx, Texas 77002 at 8:00 9:00 a.m., Houston, Texas Timetime, on such date or dates (each an the “Additional Option Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or noticesnotice, from the Representatives on behalf of the Underwriters to the Trust and the CompanyPartnership, of the Underwriters’ determination to purchase a number, specified in such notice or noticesnotice, of Additional Option Units. Such notice or notices may be given at any time within 30 days from after the date of the Prospectus and must set forth (i) the aggregate number of Additional Option Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional certificates for which the Option Units is are to be registered. The place of closing for the Additional Option Units and the Additional Option Closing Date may be varied by agreement among you, the Trust between you and the CompanyPartnership. Delivery of the Firm Units and of any Additional Option Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company (“DTC”) against payment of the purchase price therefor therefore by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be, by the TrustPartnership Parties. Payment for the Units sold by the Partnership hereunder shall be delivered by the Representatives to the TrustPartnership. It is understood that the Representatives have been authorized, for their own accounts account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price purchase price per Unit for the Firm Units and the Additional Option Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Option Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx & Xxxxxx L.L.P., 0000 Xxxxxx Xxxxxx, Suite 2500, Houston, Texas 77002 at 8:00 a.m., Houston, Texas Time, on April 12[—], 2011, or such other place, time and date as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Units and the Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 12 hereof. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx & Xxxxxx L.L.P, 0000 Xxxxxx Xxxxxx, Suite 2500, Houston, Texas 77002 at 8:00 a.m., Houston, Texas Time, on such date or dates (each an “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or notices, from the Representatives on behalf of the Underwriters to the Trust and the Company, of the Underwriters’ determination to purchase a number, specified in such notice or notices, of Additional Units. Such notice or notices may be given at any time within 30 days from the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registered. The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among you, the Trust and the Company. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company (“DTC”) against payment of the purchase price therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Trust. Payment for the Units shall be delivered by the Representatives to the Trust. It is understood that the Representatives have been authorized, for their own accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx Bracewell & Xxxxxx L.L.P.Xxxxxxxx LLP, 0000 Xxxxxx Xxxxxx000 Xxxxxxxxx, Suite 2500Xxxxxxx, Houston, Texas 77002 Xxxxx 00000 at 8:00 9:00 a.m., Houston, Texas Timetime, on April 12[—], 2011, 2011 or such other place, time and date not later than 12:30 p.m., Houston, Texas time, on [—], 2011 as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Initial Closing Date” and each of the Initial Closing Date and the Additional Closing Date being referred to as a “Closing Date”). The place of closing for the Firm Units and the Initial Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Initial Closing Date as originally scheduled include any determination by the Trust, the Company or the Representatives to recirculate to the public copies of an amended or supplemented supplemental Prospectus or a delay as contemplated by the provisions of Section 12 10 hereof. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx Bracewell & Xxxxxx L.L.PXxxxxxxx LLP, 0000 Xxxxxx Xxxxxx711 Louisiana, Suite 2500Xxxxxxx, Houston, Texas 77002 Xxxxx 00000 at 8:00 9:00 a.m., Houston, Texas Timetime, on such date or dates (each an “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or notices, from the Representatives on behalf of the Underwriters to the Trust Company and the Company, of the Underwriters’ determination to purchase a number, specified Trust (as described in such notice or notices, of Additional Units. Such notice or notices may be given at any time within 30 days from the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registeredSection 2 above). The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among youthe Representatives, the Trust and the Company. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company (“DTC”) against payment of the purchase price therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately next preceding the Initial Closing Date or the Additional Closing Date, as the case may be, by the Trust. Payment for the Firm Units sold by the Trust hereunder shall be delivered by the Representatives to the Trust. Payment for the Additional Units sold by the Trust hereunder, if any, shall be delivered by the Representatives to the Trust. It is understood that the Representatives have been authorized, for their own accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. IncorporatedLLC and Xxxxxxx Xxxxx & Associates, Inc., each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Initial Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx Akin Gump Xxxxxxx Xxxxx & Xxxxxx L.L.P.Xxxx LLP, 0000 Xxxxxx Xxxxxxxxx Xxxxxx, Suite 2500Xxxxxxx, HoustonXxxxx, Texas 77002 at 8:00 9:00 a.m., Houston, Texas Timetime, on April 12September 9, 20112014, or such other place, time and date as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”)) as shall be determined by agreement between the Representatives and the Partnership. The place of closing for the Firm Units and the Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company Partnership hereby acknowledge acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, the Company Partnership or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 12 11 hereof. Delivery to the Underwriters of and payment for any Additional Option Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx Akin Gump Xxxxxxx Xxxxx & Xxxxxx L.L.PXxxx LLP, 0000 Xxxxxx Xxxxxxxxx Xxxxxx, Suite 2500Xxxxxxx, HoustonXxxxx, Texas 77002 at 8:00 9:00 a.m., Houston, Texas Timetime, on such date or dates (each an the “Additional Option Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or noticesnotice, from the Representatives on behalf of the Underwriters to the Trust and the CompanyPartnership, of the Underwriters’ determination to purchase a number, specified in such notice or noticesnotice, of Additional Option Units. Such notice or notices may be given at any time within 30 days from after the date of the Prospectus and must set forth (i) the aggregate number of Additional Option Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional certificates for which the Option Units is are to be registered. The place of closing for the Additional Option Units and the Additional Option Closing Date may be varied by agreement among you, between the Trust Underwriters and the CompanyPartnership. Delivery of the Firm Units and of any Additional Option Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company (“DTC”) against payment of the purchase price therefor therefore by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be, by the TrustPartnership Parties. Payment for the Units sold by the Partnership hereunder shall be delivered by the Representatives to the TrustPartnership. It is understood that the Representatives have been authorized, for their own accounts account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price purchase price per Unit for the Firm Units and the Additional Option Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and AssociatesUBS Securities LLC, Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Option Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx Akin Gump Xxxxxxx Xxxxx & Xxxxxx L.L.P.Xxxx LLP, 0000 Xxxxxx Xxxxxxxxx Xxxxxx, Suite 2500Xxxxxxx, HoustonXxxxx, Texas 77002 at 8:00 9:00 a.m., Houston, Texas Timetime, on April December 12, 20112012, or such other place, time and date as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”)) as shall be determined by agreement between the Representatives and the Partnership. The place of closing for the Firm Units and the Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company Partnership hereby acknowledge acknowledges that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, the Company Partnership or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 12 11 hereof. Delivery to the Underwriters of and payment for any Additional Option Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx Akin Gump Xxxxxxx Xxxxx & Xxxxxx L.L.PXxxx LLP, 0000 Xxxxxx Xxxxxxxxx Xxxxxx, Suite 2500Xxxxxxx, HoustonXxxxx, Texas 77002 at 8:00 9:00 a.m., Houston, Texas Timetime, on such date or dates (each an the “Additional Option Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or noticesnotice, from the Representatives on behalf of the Underwriters to the Trust and the CompanyPartnership, of the Underwriters’ determination to purchase a number, specified in such notice or noticesnotice, of Additional Option Units. Such notice or notices may be given at any time within 30 days from after the date of the Prospectus and must set forth (i) the aggregate number of Additional Option Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional certificates for which the Option Units is are to be registered. The place of closing for the Additional Option Units and the Additional Option Closing Date may be varied by agreement among you, the Trust between you and the CompanyPartnership. Delivery of the Firm Units and of any Additional Option Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company (“DTC”) against payment of the purchase price therefor therefore by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be, by the TrustPartnership Parties. Payment for the Units sold by the Partnership hereunder shall be delivered by the Representatives to the TrustPartnership. It is understood that the Representatives have been authorized, for their own accounts account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price purchase price per Unit for the Firm Units and the Additional Option Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. IncorporatedInc., each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives Representative by the Closing Date or the Additional Option Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx & Xxxxxx L.L.P., 0000 Xxxxxx Xxxxxx, Suite 2500, Houston, Texas 77002 at 8:00 a.m., Houston, Texas Time, on April 12August 16, 2011, or such other place, time and date as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Units and the Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 12 hereof. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx & Xxxxxx L.L.P, 0000 Xxxxxx Xxxxxx, Suite 2500, Houston, Texas 77002 at 8:00 a.m., Houston, Texas Time, on such date or dates (each an “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or notices, from the Representatives on behalf of the Underwriters to the Trust and the Company, of the Underwriters’ determination to purchase a number, specified in such notice or notices, of Additional Units. Such notice or notices may be given at any time within 30 days from the date of the Prospectus and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registered. The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among you, the Trust and the Company. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company (“DTC”) against payment of the purchase price therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Trust. Payment for the Units shall be delivered by the Representatives to the Trust. It is understood that the Representatives have been authorized, for their its own accounts and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and Associates, Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each The Representatives individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives by the Closing Date or the Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx & Xxxxxx Xxxxx Xxxxx L.L.P., 0000 Xxxxxx 000 Xxxxxxxxx Xxxxxx, Suite 2500Xxxxxxx, HoustonXxxxx 00000, Texas 77002 at 8:00 8:30 a.m., Houston, Texas Timetime, on April 12January 14, 2011, or such other place, time and date as the Representatives shall designate by notice to the Trust and the Company 2020 (the time and date of such closing are called the “Closing Date”). The place of closing for the Firm Units and the Closing Date may be varied by agreement among between the Representatives, the Trust Representative and the Company. The Trust and the Company hereby acknowledge that circumstances under which the Representatives may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, the Company or the Representatives to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 12 hereofPartnership. Delivery to the Underwriters of and payment for any Additional Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx & Xxxxxx L.L.PXxxxx Xxxxx L.L.P., 0000 Xxxxxx 000 Xxxxxxxxx Xxxxxx, Suite 2500Xxxxxxx, HoustonXxxxx 00000, Texas 77002 at 8:00 a.m., Houston, Texas Time, on such time and such date or dates (each an the “Additional Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or noticesnotice, from the Representatives Representative on behalf of the Underwriters to the Trust Partnership and the CompanySelling Unitholders, of the Underwriters’ determination to purchase a number, specified in such notice or noticesnotice, of Additional Units. Such notice or notices may be given at any time within 30 days from after the date of the Prospectus this Agreement and must set forth (i) the aggregate number of Additional Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional Units is to be registeredoption. The place of closing for the Additional Units and the Additional Closing Date may be varied by agreement among youbetween the Representative, the Trust Partnership and the CompanySelling Unitholders. The Firm Units and any Additional Units shall be registered in such names and in such denominations as the Representative shall request in writing not later than one full business day prior to the Closing Date or the Additional Closing Date, as the case may be. The Firm Units and Additional Units shall be delivered to Credit Suisse on the Closing Date or any Additional Closing Date, as the case may be, for the respective accounts of the several Underwriters, with any transfer taxes payable in connection with the transfer of the Units to the Underwriters duly paid, against payment of the purchase price therefor. Delivery of the Firm Units and of any Additional Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company (“DTC”) against payment for the accounts of the purchase price therefor by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately preceding the Closing Date or the Additional Closing Date, as the case may be, by the Trust. Payment for the Units shall be delivered by the Representatives to the TrustUnderwriters. It is understood that the Representatives have Credit Suisse has been authorized, for their its own accounts account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price purchase price per Unit for the Firm Units and the Additional Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and AssociatesCredit Suisse, Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each individually and not as a Representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives Credit Suisse by the Closing Date or the any Additional Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.

Delivery of the Units and Payment Therefor. Delivery to the Underwriters of the Firm Units and payment therefor shall be made at the offices of Xxxxxx Akin Gump Xxxxxxx Xxxxx & Xxxxxx L.L.P.Xxxx LLP, 0000 Xxxxxx Xxxxxxxxx Xxxxxx, Suite 2500Xxxxxxx, HoustonXxxxx, Texas 77002 at 8:00 9:00 a.m., Houston, Texas Timetime, on April 12July 15, 20112014, or such other place, time and date as the Representatives shall designate by notice to the Trust and the Company (the time and date of such closing are called the “Closing Date”)) as shall be determined by agreement between the Underwriters and the Partnership. The place of closing for the Firm Units and the Closing Date may be varied by agreement among the Representatives, the Trust and the Company. The Trust and the Company Partnership hereby acknowledge acknowledges that circumstances under which the Representatives Underwriters may provide notice to postpone the Closing Date as originally scheduled include any determination by the Trust, the Company Partnership or the Representatives Underwriters to recirculate to the public copies of an amended or supplemented Prospectus or a delay as contemplated by the provisions of Section 12 11 hereof. Delivery to the Underwriters of and payment for any Additional Option Units to be purchased by the Underwriters shall be made at the offices of Xxxxxx Akin Gump Xxxxxxx Xxxxx & Xxxxxx L.L.PXxxx LLP, 0000 Xxxxxx Xxxxxxxxx Xxxxxx, Suite 2500Xxxxxxx, HoustonXxxxx, Texas 77002 at 8:00 9:00 a.m., Houston, Texas Timetime, on such date or dates (each an the “Additional Option Closing Date”) (which may be the same as the Closing Date, but shall in no event be earlier than the Closing Date nor earlier than three nor later than ten business days after the giving of the notice hereinafter referred to) as shall be specified in a written notice or noticesnotice, from the Representatives on behalf of the Underwriters to the Trust and the CompanyPartnership, of the Underwriters’ determination to purchase a number, specified in such notice or noticesnotice, of Additional Option Units. Such notice or notices may be given at any time within 30 days from after the date of the Prospectus and must set forth (i) the aggregate number of Additional Option Units as to which the Underwriters are exercising the option and (ii) the names and denominations in which ownership of the Additional certificates for which the Option Units is are to be registered. The place of closing for the Additional Option Units and the Additional Option Closing Date may be varied by agreement among you, between the Trust Underwriters and the CompanyPartnership. Delivery of the Firm Units and of any Additional Option Units to be purchased hereunder shall be made through the facilities of The Depository Trust Company (“DTC”) against payment of the purchase price therefor therefore by wire transfer of immediately available funds to an account or accounts specified in writing, not later than the close of business on the business day immediately next preceding the Closing Date or the Additional Option Closing Date, as the case may be, by the TrustPartnership Parties. Payment for the Units sold by the Partnership hereunder shall be delivered by the Representatives Underwriters to the TrustPartnership. It is understood that the Representatives have Citigroup Global Markets Inc. has been authorized, for their own accounts account and the accounts of the several Underwriters, to accept delivery of and receipt for, and make payment of the Purchase Price purchase price per Unit for the Firm Units and the Additional Option Units, if any, that the Underwriters have agreed to purchase. Xxxxxxx Xxxxx and AssociatesCitigroup Global Markets Inc., Inc. and Xxxxxx Xxxxxxx & Co. Incorporated, each individually and not as a Representative representative of the Underwriters, may, but shall not be obligated to, make payment for any Units to be purchased by any Underwriter whose funds shall not have been received by the Representatives Citigroup Global Markets Inc. by the Closing Date or the Additional Option Closing Date, as the case may be, for the account of such Underwriter, but any such payment shall not relieve such Underwriter from any of its obligations under this Agreement.