Common use of Acceptance of Appointment and Matters Relating to the Administrative and Marketing Agent Clause in Contracts

Acceptance of Appointment and Matters Relating to the Administrative and Marketing Agent. (a) [ ] agrees to act as Administrative Agent under this Agreement and the Holders of the Down-MACRO Holding Shares by their acceptance of their shares consent to [ ] acting as Administrative Agent under this Trust Agreement and as administrative agent for the Up-MACRO Holding Trust under the Up-MACRO Holding Trust Agreement. (b) The Administrative Agent shall administer the Treasuries and direct the Trustee (i) to invest the proceeds from such Treasuries and from creations of new Down-MACRO Holding Shares and (ii) to settle payments of Treasuries or cash or the combination of the two in redemptions of Down-MACRO Holding Shares as provided herein, in accordance with the terms set forth in this Trust Agreement and its customary and established procedures relating to administering Treasuries and other comparable investments. The Administrative Agent shall have full power and authority, acting alone or through any party properly designated by it hereunder, to do any and all things in connection with such administration, reinvestment, payment and management of the Treasuries which it may deem necessary or desirable. The Administrative Agent shall not be obligated to use separate offices, employees or accounts for administering the Treasuries in connection with the administration and reinvestment of the proceeds from the Treasuries in new Treasuries in accordance with Section 3.7 hereof. The Depositor and the Trustee shall furnish to the Administrative Agent any powers of attorney or other documents necessary or appropriate to enable the Administrative Agent to carry out its administrative and investment duties hereunder. (c) The Administrative Agent shall comply with and perform its administrative and investment obligations with respect to the Treasuries in accordance with Section 3.5, Section 3.6, Section 3.7, and Section 6.1. (d) The Administrative Agent shall not be liable for the payment of expenses incurred in connection with the Down-MACRO Holding Trust but shall be liable for its administrative and investment activities undertaken pursuant to this Trust Agreement including any expenses related to its administration of the Treasuries, disbursements or any other fees and expenses related thereto. (e) The Administrative Agent shall maintain and implement administrative and operating procedures (including the ability to recreate records evidencing the Treasuries in the event of the destruction of the originals thereof), and keep and maintain all documents, books, computer records and other information, reasonably necessary or advisable which is related to the purchase, holding and sale of Treasuries. Such documents, books and computer records shall reflect all facts giving rise to the Treasuries, all payments and credits with respect thereto, and, to the extent required pursuant to Section 3.4(j), such documents, books and computer records shall indicate the interests of the Down-MACRO Holding Trust in the Treasuries. (f) [ ] agrees to act as Marketing Agent under this Trust Agreement and the Holders of the Down-MACRO Holding Shares by their acceptance of their shares consent to [ ] acting as Marketing Agent under this Trust Agreement and as marketing agent for the Up-MACRO Holding Trust under the Up-MACRO Holding Trust Agreement. (g) The Marketing Agent shall comply and perform its obligations with respect to the Holding Shares as set forth in a separate letter agreement between the Depositor and the Marketing Agent.

Acceptance of Appointment and Matters Relating to the Administrative and Marketing Agent. (a) [ ] Claymore Securities, Inc. agrees to act as Administrative Agent under this Agreement and the Holders of the Down-MACRO Holding Shares by their acceptance of their shares consent to [ ] Claymore Securities, Inc. acting as Administrative Agent under this Trust Agreement and as administrative agent for the Up-MACRO Holding Trust under the Up-MACRO Holding Trust Agreement. (b) The Administrative Agent shall administer the Treasuries and direct the Trustee (i) to invest in investing the proceeds from such Treasuries and from creations the proceeds of the creation of new Down-MACRO Holding Shares in Paired Subsequent Issuances and (ii) in selecting Treasuries and/or cash for delivery to settle payments of Treasuries or cash or the combination of the two in redemptions of Down-MACRO Holding Shares Trust as provided herein, settlement payments under the Settlement Contracts and to shareholders as a Final Distribution in accordance with the terms set forth in this Trust Agreement and its customary and established procedures relating to administering Treasuries and other comparable investments. The Administrative Agent shall have full power and authority, acting alone or through any party properly designated by it hereunder, to do any and all things in connection with such administration, reinvestment, payment and management of the Treasuries which it may deem necessary or desirable. The Administrative Agent shall not be obligated to use separate offices, employees or accounts for administering the Treasuries in connection with the administration and reinvestment of the proceeds from the Treasuries in new Treasuries in accordance with Section 3.7 hereof. The Depositor and the Trustee shall furnish to the Administrative Agent any powers of attorney or other documents necessary or appropriate to enable the Administrative Agent to carry out its administrative and investment duties hereunder. (c) The Administrative Agent shall comply with and perform its administrative and investment obligations with respect to the Treasuries in accordance with Section 3.5, Section 3.6, Section 3.7, and Section 6.1. (d) The Administrative Agent shall not be liable for the payment of expenses incurred in connection with the Down-MACRO Holding Trust but shall be liable for its administrative and investment activities undertaken pursuant to this Trust Agreement including any expenses related to its administration of the Treasuries, disbursements or any other fees and expenses related thereto. (e) The Administrative Agent shall maintain and implement administrative and operating procedures (including the ability to recreate records evidencing the Down-MACRO Holding Trust's ownership interest in the Treasuries in the event of the destruction of the originals thereof), and keep and maintain all documents, books, computer records and other information, reasonably necessary or advisable which is related to the purchase, holding and sale of Treasuries. Such documents, books and computer records shall reflect all facts giving rise to the Treasuries, all payments and credits with respect thereto, and, to the extent required pursuant to Section 3.4(j), such documents, books and computer records shall indicate the interests of the Down-MACRO Holding Trust in the Treasuries. (f) [ ] Claymore Securities, Inc. agrees to act as Marketing Agent under this Trust Agreement and the Holders of the Down-MACRO Holding Shares by their acceptance of their shares consent to [ ] Claymore Securities, Inc. acting as Marketing Agent under this Trust Agreement and as marketing agent for the Up-MACRO Holding Trust under the Up-MACRO Holding Trust Agreement. (g) The Marketing Agent shall comply and perform its obligations with respect to the Holding Shares as set forth in a separate letter agreement between the Depositor and the Marketing Agent.

Acceptance of Appointment and Matters Relating to the Administrative and Marketing Agent. (a) [ ] Claymore Securities, Inc. agrees to act as Administrative Agent under this Agreement and the Holders of the DownUp-MACRO Holding Shares by their acceptance of their shares consent to [ ] Claymore Securities, Inc. acting as Administrative Agent under this Trust Agreement and as administrative agent for the UpDown-MACRO Holding Trust under the UpDown-MACRO Holding Trust Agreement. (b) The Administrative Agent shall administer the Treasuries and direct the Trustee (i) to invest in investing the proceeds from such Treasuries and from creations the proceeds of the creation of new Up-MACRO Holding Shares in Paired Subsequent Issuances and (ii) in selecting Treasuries and/or cash for delivery to the Down-MACRO Holding Shares Trust as settlement payments under the Settlement Contracts and (ii) to settle payments of Treasuries or cash or the combination of the two in redemptions of Down-MACRO Holding Shares shareholders as provided herein, a Final Distribution in accordance with the terms set forth in this Trust Agreement and its customary and established procedures relating to administering Treasuries and other comparable investments. The Administrative Agent shall have full power and authority, acting alone or through any party properly designated by it hereunder, to do any and all things in connection with such administration, reinvestment, payment and management of the Treasuries which it may deem necessary or desirable. The Administrative Agent shall not be obligated to use separate offices, employees or accounts for administering the Treasuries in connection with the administration and reinvestment of the proceeds from the Treasuries in new Treasuries in accordance with Section 3.7 hereof. The Depositor and the Trustee shall furnish to the Administrative Agent any powers of attorney or other documents necessary or appropriate to enable the Administrative Agent to carry out its administrative and investment duties hereunder. (c) The Administrative Agent shall comply with and perform its administrative and investment obligations with respect to the Treasuries in accordance with Section 3.5, Section 3.6, Section 3.7, and Section 6.1. (d) The Administrative Agent shall not be liable for the payment of expenses incurred in connection with the DownUp-MACRO Holding Trust but shall be liable for its administrative and investment activities undertaken pursuant to this Trust Agreement including any expenses related to its administration of the Treasuries, disbursements or any other fees and expenses related thereto. (e) The Administrative Agent shall maintain and implement administrative and operating procedures (including the ability to recreate records evidencing the Up-MACRO Holding Trust's ownership interest in the Treasuries in the event of the destruction of the originals thereof), and keep and maintain all documents, books, computer records and other information, reasonably necessary or advisable which is related to the purchase, holding and sale of Treasuries. Such documents, books and computer records shall reflect all facts giving rise to the Treasuries, all payments and credits with respect thereto, and, to the extent required pursuant to Section 3.4(j), such documents, books and computer records shall indicate the interests of the DownUp-MACRO Holding Trust in the Treasuries. (f) [ ] Claymore Securities, Inc. agrees to act as Marketing Agent under this Trust Agreement and the Holders of the DownUp-MACRO Holding Shares by their acceptance of their shares consent to [ ] Claymore Securities, Inc. acting as Marketing Agent under this Trust Agreement and as marketing agent for the UpDown-MACRO Holding Trust under the UpDown-MACRO Holding Trust Agreement. (g) The Marketing Agent shall comply and perform its obligations with respect to the Holding Shares as set forth in a separate letter agreement between the Depositor and the Marketing Agent.