OR PROCEEDING MAY BE SERVED ON ANY PARTY
ANYWHERE IN THE WORLD, WHETHER WITHIN OR WITHOUT THE JURISDICTION OF ANY SUCH
COURT.
WITHOUT LIMITING THE FOREGOING, EACH PARTY AGREES THAT SERVICE OF
PROCESS ON SUCH PARTY AS PROVIDED IN SECTION 7.2 SHALL BE DEEMED EFFECTIVE
SERVICE OF PROCESS ON SUCH PARTY.
7.12.
OTHER REGISTRATION RIGHTS.
SHOULD THE TRUST GRANT
ANY NEW REGISTRATION RIGHTS TO ANY OTHER PERSON, OR AMEND OR MODIFY THE
REGISTRATION RIGHTS OF ANY PERSON IN SUCH A WAY TO MAKE SUCH REGISTRATION RIGHTS
MORE FAVORABLE TO ONE PERSON THAN TO ANOTHER PERSON, THE REGISTRATION RIGHTS
GRANTED UNDER THIS AGREEMENT SHALL BE AUTOMATICALLY AMENDED SO AS TO BE NOT LESS
FAVORABLE TO ANY HOLDER THAN THOSE GRANTED TO SUCH OTHER PERSON; PROVIDED,
HOWEVER, THAT THIS PROVISION SHALL UNDER NO CIRCUMSTANCES REQUIRE THE
REGISTRATION OF ANY REGISTRABLE SECURITIES PRIOR TO THE TIME CONTEMPLATED BY
THIS AGREEMENT.
7.13.
SPECIFIC PERFORMANCE.
THE PARTIES HERETO
ACKNOWLEDGE THAT THERE WOULD BE NO ADEQUATE REMEDY AT LAW IF ANY PARTY FAILS TO
PERFORM IN ANY MATERIAL RESPECT ANY OF ITS OBLIGATIONS HEREUNDER, AND
ACCORDINGLY AGREE THAT EACH PARTY, IN ADDITION TO ANY OTHER REMEDY TO WHICH IT
MAY BE ENTITLED AT LAW OR IN EQUITY, SHALL BE ENTITLED TO COMPEL SPECIFIC
PERFORMANCE OF THE OBLIGATIONS OF ANY OTHER PARTY UNDER THIS AGREEMENT IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ANY COURT OF THE
UNITED STATES OR ANY STATE THEREOF HAVING JURISDICTION.
7.14.
EXPENSES.
EXCEPT AS OTHERWISE PROVIDED FOR HEREIN
OR OTHERWISE AGREED TO IN WRITING BY THE PARTIES, ALL COSTS AND EXPENSES
INCURRED IN CONNECTION WITH THE PREPARATION OF THIS AGREEMENT SHALL BE PAID BY
THE TRUST.
7.15.
HOLDBACK AGREEMENT.
IN CONNECTION WITH AN
UNDERWRITTEN PRIMARY OR SECONDARY OFFERING TO THE PUBLIC, EACH HOLDER OF
REGISTRABLE SECURITIES AGREES, SUBJECT TO ANY EXCEPTIONS THAT MAY BE AGREED UPON
AT THE TIME OF SUCH OFFERING, NOT TO SELL OR OTHERWISE TRANSFER OR DISPOSE OF
ANY REGISTRABLE SECURITIES (OR OTHER SECURITIES) OF THE TRUST HELD BY THEM
(OTHER THAN REGISTRABLE SECURITIES INCLUDED IN SUCH OFFERING IN ACCORDANCE WITH
THE TERMS HEREOF) FOR A PERIOD EQUAL TO THE LESSER OF 45 DAYS FOLLOWING THE
EFFECTIVE DATE OF A REGISTRATION STATEMENT OF THE TRUST FILED UNDER THE
SECURITIES ACT OR SUCH SHORTER PERIOD AS THE MANAGING UNDERWRITER(S) SHALL AGREE
TO; PROVIDED, THAT SUCH HOLDER OWNS MORE THAN 10% OF THE OUTSTANDING COMMON
SHARES OF THE TRUST AND ALL OTHER SHAREHOLDERS WHO OWN MORE THAN 10% OF THE
OUTSTANDING COMMON SHARES OF THE TRUST AND ALL OFFICERS AND TRUSTEES OF THE
TRUST ENTER INTO SIMILAR AGREEMENTS.
SUCH AGREEMENT SHALL BE IN WRITING IN FORM
REASONABLY SATISFACTORY TO THE TRUST AND THE MANAGING UNDERWRITER.
THE TRUST
MAY IMPOSE STOP-TRANSFER INSTRUCTIONS WITH RESPECT TO THE REGISTRABLE SECURITIES
(OR OTHER SECURITIES OF THE TRUST) SUBJECT TO THE FOREGOING RESTRICTION UNTIL
THE END OF SAID PERIOD.
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IN WITNESS WHEREOF, the parties have caused this Registration Rights Agreement
to be executed and delivered