Common use of Representations, Warranties and Agreements of the Trust and the Selling Unitholder Parties Clause in Contracts

Representations, Warranties and Agreements of the Trust and the Selling Unitholder Parties. Each of the Trust and the Selling Unitholder Parties represent, warrant and agree that: (a) A registration statement on Form S-3 with respect to the Offered Units has (i) been prepared by the Trust and the Selling Unitholder Parties in conformity with the requirements of the Securities Act of 1933, as amended (the “Securities Act”), and the rules and regulations (the “Rules and Regulations”) of the Securities and Exchange Commission (the “Commission”) thereunder; (ii) been filed with the Commission under the Securities Act; and (iii) become effective under the Securities Act. Copies of such registration statement and any amendment thereto have been delivered or made available to you by the Trust or Burlington as the Representatives (the “Representatives”) of the Underwriters. As used in this Agreement, “Effective Time” means the date and the time

Representations, Warranties and Agreements of the Trust and the Selling Unitholder Parties. Each of the Trust and the Selling Unitholder Parties represent, warrant and agree that: (a) A registration statement on Form S-3 with respect to the Offered Units has (i) been prepared by the Trust and the Selling Unitholder Parties in conformity with the requirements of the Securities Act of 1933, as amended (the “Securities Act”), and the rules and regulations (the “Rules and Regulations”) of the Securities and Exchange Commission (the “Commission”) thereunder; (ii) been filed with the Commission under the Securities Act; and (iii) become effective under the Securities Act. Copies of such registration statement and any amendment thereto have been delivered or made available to you by the Trust or Burlington as the Representatives (the “Representatives”) of the Underwriters. As used in this Agreement, “Effective Applicable Time” means the date and the time6:30 p.m. (New