Common use of BALANCING AMOUNT Clause in Contracts

BALANCING AMOUNT. The Participant hereby agrees that, in connection with a Purchase Order, it will make available on or before the contractual settlement date (the “Contractual Settlement Date”), by means satisfactory to the Trust, and in accordance with the provisions of the Prospectuses, immediately available or same day funds estimated by the Trust to be sufficient to pay the Balancing Amount next determined after acceptance of the Purchase Order, together with the applicable Transaction Fee. Any excess funds will be returned following settlement of the Purchase Order. The Participant agrees to ensure that the Balancing Amount will be received by the issuing Fund in accordance with the terms of the Prospectuses, but in any event on or before the Contractual Settlement Date, and in the event payment of such Balancing Amount has not been made in accordance with the provisions of the Prospectuses or by such Contractual Settlement Date, the Participant agrees in connection with a Purchase Order to pay the amount of the Balancing Amount, plus interest, computed at such reasonable rate as may be specified by the Fund from time to time. The Participant shall be liable to the custodian, any sub-custodian or the Trust for any amounts advanced by the custodian or any sub-custodian in its sole discretion to the Participant for payment of the amounts due and owing for the Balancing Amount. Computation of the Balancing Amount shall exclude any taxes, duties or other fees and expenses payable upon the transfer of beneficial ownership of the Deposit Securities, which shall be the sole responsibility of the Participant and not the Trust.

Appears in 21 contracts

Samples: Authorized Participant Agreement (Trust for Advised Portfolios), Authorized Participant Agreement (Investment Managers Series Trust II), Authorized Participant Agreement (Investment Managers Series Trust II)

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BALANCING AMOUNT. The Participant hereby agrees that, in In connection with a Purchase Order, it will the Participant shall make available available: (i) on or before the contractual settlement date (the “Contractual Settlement Date”), ; (ii) by means satisfactory to the Trust, and ; and (iii) in accordance with the provisions of the ProspectusesFund Documents, immediately available or same day funds estimated by the Trust to be sufficient to pay the Balancing Amount next determined after acceptance of the Purchase Order, together with the applicable Transaction Feepurchase transaction fee. Any excess funds will be returned promptly following settlement of the Purchase Order. The Participant agrees to ensure that should ascertain the applicable deadline for cash transfers by contacting the operations department of the broker or depositary institution effectuating the transfer of the Balancing Amount will be received by the issuing Fund in accordance with the terms of the Prospectuses, but in any event on or before the Contractual Settlement Date, and in Amount. In the event that payment of such Balancing Amount has not been made in accordance with the provisions of the Prospectuses Fund Documents or by such Contractual Settlement Date, the Participant agrees in connection with a Purchase Order to shall pay the amount of the Balancing Amount, Amount plus interest, which shall be computed at such reasonable rate as may be specified by the Fund from time to time. The Participant shall be liable to the custodianCustodian, any sub-custodian custodian, or the Trust for any amounts advanced by the custodian Custodian or any sub-custodian (any such advancement made in its the sole discretion of the Custodian or sub-custodian) to the Participant for payment of the amounts due and owing for the Balancing Amount. Computation of the Balancing Amount shall exclude any taxes, duties or other fees and expenses payable upon the transfer of beneficial ownership of the Deposit Securities, which shall be the sole responsibility of the Participant and not the Trust.

Appears in 6 contracts

Samples: Authorized Participant Agreement (Manager Directed Portfolios), Authorized Participant Agreement (Listed Funds Trust), Authorized Participant Agreement (Manager Directed Portfolios)

BALANCING AMOUNT. The Participant hereby agrees that, in In connection with a Purchase Order, it will the Participant shall (whether for itself or any Participant Client) make available available: (i) on or before the contractual settlement date (the “Contractual Settlement Date”), ; (ii) by means satisfactory to the Trust, and ; and (iii) in accordance with the provisions of the ProspectusesFund Documents, immediately available or same day funds estimated by the Trust to be sufficient to pay the Balancing Amount next determined after acceptance of the Purchase Order, together with the applicable Transaction Feepurchase transaction fee. Any excess funds will be returned following settlement of the Purchase Order. The Participant agrees to ensure that should ascertain the applicable deadline for cash transfers by contacting the operations department of the broker or depositary institution effectuating the transfer of the Balancing Amount will be received by the issuing Fund in accordance with the terms of the Prospectuses, but in any event on or before the Contractual Settlement Date, and in Amount. In the event that payment of such Balancing Amount has not been made in accordance with the provisions of the Prospectuses Fund Documents or by such Contractual Settlement Date, the Participant agrees in connection with a Purchase Order to shall (on behalf of itself or any Participant Client) pay the amount of the Balancing Amount, Amount plus interest, which shall be computed at such reasonable rate as may be specified by the Fund from time to time. The Participant shall be liable to the custodianCustodian, any sub-custodian custodian, or the Trust for any amounts advanced by the custodian Custodian or any sub-custodian (any such advancement made in its the sole discretion of the Custodian or sub-custodian) to the Participant for payment of the amounts due and owing for the Balancing Amount. Computation of the Balancing Amount shall exclude any taxes, duties or other fees and expenses payable upon the transfer of beneficial ownership of the Deposit Securities, which shall be the sole responsibility of the Participant and not the Trust.

Appears in 3 contracts

Samples: Authorized Participant Agreement (TrimTabs ETF Trust), Authorized Participant Agreement (FactorShares Trust), Authorized Participant Agreement (ETF Series Solutions)

BALANCING AMOUNT. The Participant hereby agrees that, in connection with a Purchase Order, it will make available on or before the contractual settlement date (the “Contractual Settlement Date”), by means satisfactory to the Trust, and in accordance with the provisions of the Prospectuses, immediately available or same day funds estimated by the Trust to be sufficient to pay the Balancing Amount next determined after acceptance of the Purchase Order, together with the applicable Transaction Fee. Any excess funds will be returned following settlement of the Purchase Order. The Participant agrees to ensure that the Balancing Amount will be received by the issuing Fund in accordance with the terms of the Prospectusesapplicable Prospectus, but in any event on or before the Contractual Settlement Date, and in the event payment of such Balancing Amount has not been made in accordance with the provisions of the Prospectuses applicable Prospectus or by such Contractual Settlement Date, the Participant agrees in connection with a Purchase Order to pay the amount of the Balancing Amount, plus interest, computed at such reasonable rate as may be specified by the Fund from time to time. The Participant shall be liable to the custodian, any sub-custodian or the Trust for any amounts advanced by the custodian or any sub-custodian in its sole discretion to the Participant for payment of the amounts due and owing for the Balancing Amount. Computation of the Balancing Amount shall exclude any taxes, duties or other fees and expenses payable upon the transfer of beneficial ownership of the Deposit Securities, which shall be the sole responsibility of the Participant and not the Trust.

Appears in 1 contract

Samples: Authorized Participant Agreement (Emles Trust)

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BALANCING AMOUNT. The Participant hereby agrees that, in In connection with a Purchase Order, it will the Participant shall make available available: (i) on or before the contractual settlement date (the "Contractual Settlement Date"), ; (ii) by means reasonably satisfactory to the Trust, and Company; and (iii) in accordance with the provisions of the ProspectusesFund Documents, immediately available or same day funds estimated by the Trust Company to be sufficient to pay the Balancing Amount next determined after acceptance of the Purchase Order, together with the applicable Transaction Feepurchase transaction fee. Any excess funds will be returned promptly following settlement of the Purchase Order. The Participant agrees to ensure that should ascertain the applicable deadline for cash transfers by contacting the operations department of the broker or depositary institution effectuating the transfer of the Balancing Amount will be received by the issuing Fund in accordance with the terms of the Prospectuses, but in any event on or before the Contractual Settlement Date, and in Amount. In the event that payment of such Balancing Amount has not been made in accordance with the provisions of the Prospectuses Fund Documents or by such Contractual Settlement Date, the Participant agrees in connection with a Purchase Order to shall pay the amount of the Balancing Amount, Amount plus interest, which shall be computed at such commercially reasonable rate as may be specified by the Fund from time to time. The Participant shall be liable to the custodianCustodian, any sub-custodian custodian, or the Trust Company for any amounts advanced by the custodian Custodian or any sub-custodian (any such advancement made in its the sole discretion of the Custodian or sub-custodian) to the Participant for payment of the amounts due and owing for the Balancing Amount. Computation of the Balancing Amount shall exclude any taxes, duties or other fees and expenses payable upon the transfer of beneficial ownership of the Deposit Securities, which shall be the sole responsibility of the Participant and not the TrustCompany.

Appears in 1 contract

Samples: Authorized Participant Agreement (RBB Fund, Inc.)

BALANCING AMOUNT. The Participant hereby agrees that, in connection with a Purchase Order, it will make available on or before the contractual settlement date (the “Contractual Settlement Date”), by means satisfactory to the Trust, and in accordance with the provisions of the Prospectuses, immediately available or same day funds estimated by the Trust to be sufficient to pay the Balancing Amount next determined after acceptance of the Purchase Order, together with the applicable Transaction Fee. Any excess funds will be returned following settlement of the Purchase Order. The Participant agrees to ensure that the Balancing Amount will be received by the issuing Fund in accordance with the terms of the Prospectuses, but in any event on or before the Contractual Settlement Date, and in the event payment of such Balancing Amount has not been made in accordance with the provisions of the Prospectuses or by such Contractual Settlement Date, the Participant agrees in connection with a Purchase Order to pay the amount of the Balancing Amount, plus interest, computed at such reasonable rate as may be specified by the Fund from time to time. The Participant shall be liable to the custodian, any sub-custodian custodian, or the Trust for any amounts advanced by the custodian or any sub-custodian in its sole discretion to the Participant for payment of the amounts due and owing for the Balancing Amount. Computation of the Balancing Amount shall exclude any taxes, duties or other fees and expenses payable upon the transfer of beneficial ownership of the Deposit Securities, which shall be the sole responsibility of the Participant and not the Trust.

Appears in 1 contract

Samples: Authorized Participant Agreement (ETF Series Solutions)

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