Common use of Of the Company and the Trust Clause in Contracts

Of the Company and the Trust. The Company and the Trust hereby represent and warrant, jointly and severally, to each Underwriter on the date hereof, and shall be deemed to represent and warrant, jointly and severally, to each Underwriter on the Closing Date and the Additional Closing Date, as the case may be, that: (a) Not an “Ineligible Issuer.” The Trust was not at the time of initial filing of the Registration Statement and at the earliest time thereafter that the Trust or any other offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Act) of the Trust Units, is not on the date hereof and will not be on the Closing Date and the Additional Closing Date, as the case may be, an “ineligible issuer” (as defined in Rule 405).

Of the Company and the Trust. The Company and the Trust hereby jointly and severally represent and warrant, jointly and severally, warrant to each Underwriter on the date hereof, and shall be deemed to jointly and represent and warrant, jointly and severally, warrant to each Underwriter on the Closing Date and the Additional Closing Date, as the case may be, that: (a) Not an “Ineligible Issuer.” The Trust was not at the time of initial filing of the Registration Statement and at the earliest time thereafter that the Trust or any other offering participant made a bona fide offer (within the meaning of Rule 164(h)(2164(h) of under the Act) of the Trust Units, is not on the date hereof and will not be on the Closing Date and the Additional Closing Date, as the case may be, an “ineligible issuer” (as defined in Rule 405).