Common use of Aggregate Shortfall Amount; Adjustment to Protected Amount Per Share Clause in Contracts

Aggregate Shortfall Amount; Adjustment to Protected Amount Per Share. (a) Unless this Agreement shall have terminated in accordance with Article X, for ten Business Days commencing on the second Business Day after the Maturity Date, the Fund shall be entitled to draw upon the Financial Warranty in an amount equal to the Aggregate Shortfall Amount, if any. The calculation and accuracy of the Aggregate Shortfall Amount determined hereunder shall be certified by the Calculation Agent on the first Business Day following the Maturity Date. The Calculation Agent shall determine such Aggregate Shortfall Amount in a good faith commercially reasonable manner and provide such certification within three Business Days following the Maturity Date. (b) The Protected Amount Per Share with respect to each Class of Shares shall be reduced as follows: (i) Dividends and distributions attributable to each Share of a Class of Shares will reduce the Protected Amount Per Share of such Class on a pro rata basis to an amount equal to the product of (a) the Protected Amount Per Share for such Class immediately prior to such dividends or distributions and (b) a fraction, the numerator of which shall be the NAV Per Share for such Class immediately after such dividends or distributions and the denominator of which shall be the NAV Per Share for such Class immediately prior to such dividends or distributions; (ii) Excess Fees attributable to each Share of a Class of Shares shall reduce the Protected Amount Per Share to an amount equal to the product of (a) the Protected Amount Per Share for such Class immediately prior to the time that such Excess Fees are accrued with respect to such Class and (b) a fraction, the numerator of which shall be the NAV Per Share for such Class immediately after such Excess Fees are accrued and the denominator of which shall be the NAV Per Share for such Class immediately prior to the time that such Excess Fees are accrued; (iii) The Shares of a Class that are issued during the Protected Period in violation of Section 3.1 shall not be included in the Shares Outstanding of such Class; and (iv) In the event of changes in accounting practices for the Fund from those used on the Transition Date, corporate actions or other events that otherwise would result in an increase in the Protected Amount Per Share with respect to a Class of Shares, appropriate adjustments shall be made by the Warranty Provider to the Protected Amount Per Share for such Class or the way such Protected Amount Per Share is calculated to the extent deemed necessary by the Warranty Provider to preserve the economic equivalent of this Agreement and the Financial Warranty. The Fund agrees that no such changes, actions or events may be made or taken by the Fund or Adviser without the prior written consent of the Warranty Provider, which consent shall not be unreasonably withheld if, in the sole discretion of the Warranty Provider, any such change, action or event does not increase the Warranty Provider's liabilities or risks or decrease the Warranty Provider's economic bargain under any Transaction Document.

Aggregate Shortfall Amount; Adjustment to Protected Amount Per Share. (a) Unless this Agreement shall have terminated in accordance with Article X, for For ten Business Days commencing on the second Business Day after the Maturity Date, the Fund shall be entitled to draw upon the Financial Warranty in an amount equal to the Aggregate Shortfall Amount, if any. The calculation and accuracy of the Aggregate Shortfall Amount determined hereunder shall be certified by the Calculation Agent on the first Business Day following the Maturity Date. The Calculation Agent shall determine such Aggregate Shortfall Amount in a good faith commercially reasonable manner and provide such certification within three Business Days following the Maturity Date. (b) The Protected Amount Per Share with respect to each Class of Shares shall be reduced as follows: (i) Dividends and distributions attributable to each Share of a Class of Shares will reduce the Protected Amount Per Share of such Class on a pro rata basis to an amount equal to the product of (a) the Protected Amount Per Share for such Class immediately prior to such dividends or distributions and (b) a fraction, the numerator of which shall be the NAV Per Share for such Class immediately after such dividends or distributions and the denominator of which shall be the NAV Per Share for such Class immediately prior to such dividends or distributions; (ii) Excess Fees attributable to each Share of a Class of Shares shall reduce the Protected Amount Per Share to an amount equal to the product of (a) the Protected Amount Per Share for such Class immediately prior to the time that such Excess Fees are accrued with respect to such Class and (b) a fraction, the numerator of which shall be the NAV Per Share for such Class immediately after such Excess Fees are accrued and the denominator of which shall be the NAV Per Share for such Class immediately prior to the time that such Excess Fees are accrued; (iii) The Shares of a Class that are issued during the Protected Period in violation of Section 3.1 shall not be included in the Shares Outstanding of such Class; and (iv) In the event of changes in accounting practices for the Fund from those used on the Transition Date, corporate actions or other events that otherwise would result in an increase in the Protected Amount Per Share with respect to a Class of Shares, appropriate adjustments shall be made by the Warranty Provider to the Protected Amount Per Share for such Class or the way such Protected Amount Per Share is calculated to the extent deemed necessary by the Warranty Provider to preserve the economic equivalent of this Agreement and the Financial Warranty. The Fund agrees that no such changes, actions or events may be made or taken by the Fund or Adviser without the prior written consent of the Warranty Provider, which consent shall not be unreasonably withheld if, in the sole discretion of the Warranty Provider, any such change, action or event does not increase the Warranty Provider's liabilities or risks or decrease the Warranty Provider's economic bargain under any Transaction Document.

Aggregate Shortfall Amount; Adjustment to Protected Amount Per Share. (a) Unless this Agreement and, if applicable, the Financial Warranty shall have been terminated in accordance with Article XX prior to such time, for ten Business Days commencing on the second Business Day after the Maturity Date, the Fund shall be entitled to draw upon the Financial Warranty in an amount equal to the Aggregate Shortfall Amount, if any. The calculation and accuracy of the Aggregate Shortfall Amount , as determined hereunder shall be certified by the Calculation Agent on the first Business Day following the Maturity DateAgent. The Calculation Agent shall determine such Aggregate Shortfall Amount in a good faith commercially reasonable manner and provide the Adviser or the Fund with the amount of such certification Aggregate Shortfall Amount within three two Business Days following the Maturity Date. (b) The Protected Amount Per Share with respect to each Class of Shares shall be reduced as follows: (i) Dividends and distributions attributable to each Share of a Class of Shares will reduce the Protected Amount Per Share of such Class on a pro rata basis of Shares to an amount equal to the product of (a) the Protected Amount Per Share for such Class of Shares on the immediately prior preceding Exchange Business Day divided by the sum of one plus the quotient of (a) the amount of any Distribution Per Share with respect to such dividends or distributions Class of Shares effective since the immediately preceding Exchange Business Day and (b) a fraction, the numerator of which shall be the NAV Per Share for such Class immediately after of Shares at the close of business on the Exchange Business Day that such dividends or distributions and the denominator of which shall be the NAV Distribution Per Share for such Class immediately prior to such dividends or distributions;was effective. (ii) Excess Fees attributable to each Share of a Class of Shares shall reduce the Protected Amount Per Share of such Class of Shares to an amount equal to the product of (a) the Protected Amount Per Share for such Class of Shares on the immediately prior to preceding Exchange Business Day divided by the time that such sum of one plus the quotient of (a) the amount of any Excess Fees are accrued with respect to such Class of Shares as of the immediately preceding Exchange Business Day and (b) a fraction, the numerator of which shall be the NAV Per Share for such Class immediately after such Excess Fees are accrued and of Shares at the denominator close of which shall be business on the NAV Per Share for such Class immediately prior to the time Exchange Business Day that such Excess Fees are were accrued;. (iii) The Shares of a Class of Shares that are issued during the Protected Period in violation of Section 3.1 shall not be included in the Shares Outstanding of such ClassClass of Shares; and (iv) In the event of changes in accounting practices for the Fund from those used on the Transition Date, Date or corporate actions or other events that otherwise would result in an increase in the Protected Amount Per Share with respect to a Class of Shares, upon prior notice to the Fund and the Adviser, appropriate adjustments shall be made by the Warranty Provider (or Calculation Agent), to the Protected Amount Per Share for such Class of Shares or the way such Protected Amount Per Share is calculated to the extent deemed necessary by the Warranty Provider (or Calculation Agent), in its sole discretion, to preserve the economic equivalent of this Agreement and the Financial WarrantyWarranty by disregarding an amount equal to such increase in the Protected Amount Per Share with respect to such Class of Shares. The Fund agrees that no such changes, actions or events may be made or taken by the Fund or Adviser without the prior written consent of the Warranty Provider, which consent shall not be unreasonably withheld if, in the sole discretion of the Warranty Provider, any such change, action or event does not increase the Warranty Provider's liabilities or risks or decrease the Warranty Provider's economic bargain under any Transaction Document.

Aggregate Shortfall Amount; Adjustment to Protected Amount Per Share. (a) Unless this Agreement shall have been terminated in accordance with Article XARTICLE X prior to such time, for ten Business Days commencing on the second Business Day after the Maturity Date, the Fund shall be entitled to draw upon the Financial Warranty in an amount equal to the Aggregate Shortfall Amount, if any. The calculation and accuracy of the Aggregate Shortfall Amount determined hereunder shall be certified by the Calculation Agent on the first Business Day following the Maturity Date. The Calculation Agent shall determine such Aggregate Shortfall Amount in a good faith commercially reasonable manner and provide such certification within three Business Days following the Maturity Date. (b) The Protected Amount Per Share with respect to each Class of Shares shall be reduced as follows: (i) Dividends and distributions attributable to each Share of a Class of Shares will reduce the Protected Amount Per Share of such Class on a pro rata basis to an amount equal to the product of (a) the Protected Amount Per Share for such Class immediately prior to such dividends dividend or distributions distribution and (b) a fraction, the numerator of which shall be the NAV Per Share for such Class immediately after such dividends dividend or distributions distribution and the denominator of which shall be the NAV Per Share for such Class immediately prior to such dividends dividend or distributionsdistribution; (ii) Excess Fees attributable to each Share of a Class of Shares shall reduce the Protected Amount Per Share to an amount equal to the product of (a) the Protected Amount Per Share for such Class immediately prior to the time that such Excess Fees are accrued with respect to such Class and (b) a fraction, the numerator of which shall be the NAV Per Share for such Class immediately after such Excess Fees are accrued and the denominator of which shall be the NAV Per Share for such Class immediately prior to the time that such Excess Fees are accrued; (iii) The Shares of a Class that are issued during the Protected Period in violation of Section SECTION 3.1 shall not be included in the Shares Outstanding of such Class; and (iv) In the event of changes in accounting practices for the Fund from those used on the Transition Date, corporate actions or other events that otherwise would result in an increase in the Protected Amount Per Share with respect to a Class of Shares, appropriate adjustments shall be made by the Warranty Provider (or Calculation Agent) to the Protected Amount Per Share for such Class or the way such Protected Amount Per Share is calculated to the extent deemed necessary by the Warranty Provider to preserve the economic equivalent of this Agreement and the Financial Warranty. The Fund agrees that no such changes, actions or events may be made or taken by the Fund or Adviser without the prior written consent of the Warranty Provider, which consent shall not be unreasonably withheld if, in the sole discretion of the Warranty Provider, any such change, action or event does not increase the Warranty Provider's liabilities or risks or decrease the Warranty Provider's economic bargain under any Transaction Document.

Aggregate Shortfall Amount; Adjustment to Protected Amount Per Share. (a) Unless this Agreement shall have terminated in accordance with Article X, for ten Business Days commencing on the second third Business Day after the Maturity Date, the Fund shall be entitled to draw upon the Financial Warranty in an amount equal to the Aggregate Shortfall Amount, if any. The calculation and accuracy of the Aggregate Shortfall Amount determined hereunder shall be certified by the Calculation Agent on the first Business Day following the Maturity Date. The Calculation Agent shall determine such Aggregate Shortfall Amount in a good faith commercially reasonable manner and provide such certification to the Adviser or the Trust within three Business Days following the Maturity Date. (b) The Protected Amount Per Share with respect to each Class of Shares shall be reduced as follows: (i) Dividends and distributions attributable to each Share of a Class of Shares will reduce the Protected Amount Per Share of such Class on a pro rata basis of Shares to an amount equal to the product of (a) the Protected Amount Per Share for such Class of Shares on the immediately prior preceding Exchange Business Day divided by the sum of one plus the quotient of (a) the amount of any Distribution Per Share with respect to such dividends or distributions Class of Shares effective since the immediately preceding Exchange Business Day and (b) a fraction, the numerator of which shall be the NAV Per Share for such Class immediately after of Shares at the close of business on the Exchange Business Day that such dividends or distributions and the denominator of which shall be the NAV Distribution Per Share for such Class immediately prior to such dividends or distributionswas effective; (ii) Excess Fees attributable to each Share of a Class of Shares shall reduce the Protected Amount Per Share to an amount equal to the product of (a) the Protected Amount Per Share for such Class immediately prior to the time that such Excess Fees are accrued with respect to such Class and (b) a fraction, the numerator of which shall be the NAV Per Share for such Class immediately after such Excess Fees are accrued and the denominator of which shall be the NAV Per Share for such Class immediately prior to the time that such Excess Fees are accrued; (iii) The Shares of a Class that are issued during the Protected Period in violation of Section 3.1 shall not be included in the Shares Outstanding of such Class; and (iv) In the event of changes in accounting practices for the Fund from those used on the Transition Date, Date or corporate actions or other events that otherwise would result in an increase in the Protected Amount Per Share with respect to a Class of Shares, appropriate adjustments shall be made by the Warranty Provider to the Protected Amount Per Share for such Class or the way such Protected Amount Per Share is calculated to the extent deemed necessary by the Warranty Provider to preserve the economic equivalent of this Agreement and the Financial Warranty. The Warranty Provider shall promptly notify the Trust and the Adviser of any such adjustments. The Fund agrees that no such changes, actions or events may be made or taken by the Fund or Adviser without the prior written consent of the Warranty Provider, which consent shall not be unreasonably withheld if, in the sole reasonable discretion of the Warranty Provider, any such change, action or event does not increase the Warranty Provider's liabilities or risks or decrease the Warranty Provider's economic bargain under any Transaction Document.