Common use of Certain Payments or Distributions Clause in Contracts

Certain Payments or Distributions. a. With respect to any Purchase Order, the Trust acknowledges and agrees to return to the Authorized Participant on behalf of itself and any Authorized Participant Client any payment, distribution or other amount paid to the Trust in respect of any Deposit Property transferred to the Trust that, based on the valuation of such Deposit Property at the time of transfer, should have been paid to the Authorized Participant or Authorized Participant Client. Likewise, the Authorized Participant on behalf of itself and any Authorized Participant Client acknowledges and agrees to return to the Trust any payment, distribution or other amount paid to the Authorized Participant or any Authorized Participant Client in respect of any Deposit Property transferred to the Trust that, based on the valuation of such Deposit Property at the time of transfer, should have been paid to the Trust. The Authorized Participant accepts and agrees on behalf of itself, its Agent, and any Authorized Participant Client that, in connection with any fork or airdrop with respect to any Deposit Property, any bitcoin corresponding to the Shares, or otherwise, neither the Trust nor the Prime Execution Agent has any duty or obligation whatsoever to the Authorized Participant, its Agent, or any Authorized Participant Client, to claim, take possession of, secure, or otherwise take any action for the benefit of the Authorized Participant, its Agent, or any Authorized Participant Client, as applicable, in connection therewith, and the Authorized Participant, its Agent, or any Authorized Participant Client, as applicable, hereby renounce and abandon any and all right, title, interest, or claim to any assets connected to any such fork or airdrop.

Appears in 2 contracts

Samples: Authorized Participant Agreement (iShares Bitcoin Trust), Authorized Participant Agreement (iShares Bitcoin Trust)

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Certain Payments or Distributions. a. With respect to any Purchase Order, the Trust Trustee acknowledges and agrees to return to the Authorized Participant on behalf Participant, for its own benefit or for the benefit of itself and any Authorized Participant Client for which it is acting, any payment, distribution or other amount paid to the Trust in respect of any Deposit Property transferred to the Trust that, based on the valuation of such Deposit Property at the time of transfer, should have been paid to the Authorized Participant or any Authorized Participant Client. Likewise, the Authorized Participant on behalf of itself and any Authorized Participant Client acknowledges and agrees to return to the Trust any payment, distribution or other amount paid to the Authorized Participant or any Authorized Participant Client in respect of any Deposit Property transferred to the Trust that, based on the valuation of such Deposit Property at the time of transfer, should have been paid to the Trust. The - 26 - b. With respect to any Redemption Order, the Authorized Participant accepts and agrees on behalf of itselfitself and any Authorized Participant Client acknowledges and agrees to return to the Trust any payment, its Agent, and distribution or other amount paid to it or an Authorized Participant Client in respect of any property transferred to the Authorized Participant or any Authorized Participant Client that, in connection with based on the valuation of such property at the time of transfer, should have been paid to the Trust. The Trustee is entitled to reduce the amount of any fork property due to the Authorized Participant or airdrop with respect any Authorized Participant Client by an amount equal to any Deposit Propertypayment, any bitcoin corresponding distribution or other sum to be paid to the SharesAuthorized Participant or to the Authorized Participant Client in respect of any property transferred to the Authorized Participant or any Authorized Participant Client that, or otherwisebased on the valuation of such property at the time of transfer, neither should be paid to the Trust nor Trust. If, however, the Prime Execution Agent has Trustee so reduces an amount of any duty or obligation whatsoever property appropriately due to the Authorized Participant, its Agent, or any the Authorized Participant Clientshall not be required to return to the Trust payments, distributions or other amounts equal to claimsuch reduction that has been paid to the Authorized Participant or the Authorized Participant Client as is contemplated in the first sentence of this Section 1.08(b). Likewise, take possession ofthe Trustee acknowledges and agrees to return to the Authorized Participant, secure, for its benefit or otherwise take any action for the benefit of the Authorized Participant, its Agent, or any Authorized Participant ClientClient for which it is acting, as applicableany payment, distribution or other amount paid to it in connection therewithrespect of any Shares transferred to the Trust that, and based on the valuation of such Shares at the time of transfer, should have been paid to the Authorized Participant, its Agent, Participant or any such Authorized Participant Client, as applicable, hereby renounce and abandon any and all right, title, interest, or claim to any assets connected to any such fork or airdrop. Section 1.09.

Appears in 1 contract

Samples: Authorized Participant Agreement   Authorized Participant Agreement

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Certain Payments or Distributions. a. With respect to any Purchase Order, the Trust acknowledges and agrees to return to the Authorized Participant on behalf of itself and any Authorized Participant Client any payment, distribution or other amount paid to the Trust in respect of any Deposit Property transferred to the Trust that, based on the valuation of such Deposit Property at the time of transfer, should have been paid to the Authorized Participant or Authorized Participant Client. Likewise, the Authorized Participant on behalf of itself and any Authorized Participant Client acknowledges and agrees to return to the Trust any payment, distribution or other amount paid to the Authorized Participant or any Authorized Participant Client in respect of any Deposit Property transferred to the Trust that, based on the valuation of such Deposit Property at the time of transfer, should have been paid to the Trust. The Authorized Participant accepts and agrees on behalf of itself, its Agent, and any Authorized Participant Client that, in connection with any fork or airdrop with respect to any Deposit Property, any bitcoin ether corresponding to the Shares, or otherwise, neither the Trust nor the Prime Execution Agent has any duty or obligation whatsoever to the Authorized Participant, its Agent, or any Authorized Participant Client, to claim, take possession of, secure, or otherwise take any action for the benefit of the Authorized Participant, its Agent, or any Authorized Participant Client, as applicable, in connection therewith, and the Authorized Participant, its Agent, or any Authorized Participant Client, as applicable, hereby renounce and abandon any and all right, title, interest, or claim to any assets connected to any such fork or airdrop.

Appears in 1 contract

Samples: Authorized Participant Agreement (iShares Ethereum Trust)

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