Common use of Certain Other Restrictions Clause in Contracts

Certain Other Restrictions. For so long as any shares of RP are outstanding, (a) the Trust will not, unless it has received written confirmation from Xxxxx'x and S&P that any such action would not impair the ratings then assigned by Xxxxx'x and S&P to shares of RP, engage in any one or more of the following transactions: (i) borrow money if the RP Basic Maintenance Amount would not be satisfied after giving effect to such borrowing; or (ii) borrow, in the aggregate, money in excess of the lesser of $10,000,000 or the product of the number of shares of RP and Other RP outstanding multiplied by $10,000 or 10% of the total assets of the Trust; or (iii) borrow any money except for the purpose of clearing portfolio transactions; or (iv) lend portfolio securities; (b) the Trust shall not buy or sell futures contracts or write put or call options except in accordance with the guidelines established and revised, from time to time, by each of Xxxxx'x and S&P; and (c) for purposes of S&P and Xxxxx'x rating of the shares RP, the Trust shall give to each of S&P and Xxxxx'x prompt written notice of: (i) any material change to the Declaration of Trust or Article XII of the By-laws; (ii) any failure to declare or pay any dividend on the shares of RP; .

Certain Other Restrictions. For so long as any shares of RP are outstanding, (a) the Trust will not, unless it has received written confirmation from Xxxxx'x and S&P that any such action would not impair the ratings then assigned by Xxxxx'x and S&P to shares of RP, engage in any one or more of the following transactions: (i) borrow money if the RP Basic Maintenance Amount would not be satisfied after giving effect to such borrowing; or (ii) borrow, in the aggregate, money in excess of the lesser of $10,000,000 or the product of the number of shares of RP and Other RP outstanding multiplied by $10,000 or 10% of the total assets of the Trust; or (iii) borrow any money except for the purpose of clearing portfolio transactions; or (iv) lend portfolio securities; (b) the Trust shall not buy or sell futures contracts or write put or call options except in accordance with the guidelines established and revised, from time to time, by each of Xxxxx'x and S&P; and (c) for purposes of S&P and Xxxxx'x rating of the shares RP, the Trust shall give to each of S&P and Xxxxx'x prompt written notice of: (i) any material change to the Declaration of Trust or Article XII of the By-laws; (ii) any failure to declare or pay any dividend on the shares of RP; .Xxxxx'x