Common use of Amendments to the Trust Agreement Clause in Contracts

Amendments to the Trust Agreement. (a) This Trust Agreement may be amended without Unitholder approval, and all Unitholders purchase Units with notice that it may be so amended except to the extent expressly required under Delaware or applicable U.S. federal law or rules or regulations of the Exchange. The Managing Owner may, without any Limited Owner vote, amend or otherwise supplement this Trust Agreement by making an amendment, a trust instrument supplemental hereto or an amended and restated Trust Agreement; provided, that the Limited Owners shall have the right to vote, on a series by series basis, as applicable, on any amendment if expressly required under Delaware or U.S. federal law or rules or regulations under an Exchange, or submitted to them by the Managing Owner in its sole discretion; and provided, further, that no amendment affecting the rights or duties of the Trustee shall be binding upon or effective against the Trustee unless consented to by the Trustee in writing. No amendment shall be made to this Trust Agreement without the consent of the Trustee if it reasonably believes that such amendment adversely affects any of the rights, duties or liabilities of the Trustee.

Appears in 5 contracts

Samples: Trust and Trust Agreement (FactorShares 2X: S&P500 Bull/TBond Bear), Trust and Trust Agreement (FactorShares 2X: TBond Bull/S&p500 Bear), Trust and Trust Agreement (FactorShares 2X: Oil Bull/S&p500 Bear)

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