Common use of Clearing Status Clause in Contracts

Clearing Status. The Participant hereby represents and warrants that with respect to (i) all Orders of Creation Units of any Series, the Participant is and shall continue to be a DTC Participant, (ii) any Order of Creation Units of any Series initiated through the CNS Clearing Process, the Participant is a Participating Party, and (iii) any Order of Creation Units of any Series initiated through the applicable Non-CNS Clearing Process, the Participant has the ability to transact through said processes designated by said Series. Any change in the status of the Participant with respect to subsection (i) of this Section 6.02 shall terminate this Agreement and the Participant shall give immediate written notice to the Distributor and the Trust of said change. If, at any time, the Participant’s representation and warranty made in subsections (ii) or (iii) of this Section 6.02 becomes inaccurate, the Participant shall give immediate written notice to the Distributor and the Trust in writing, and the Distributor or the Trust may elect to terminate this Agreement in the Distributor’s or the Trust’s sole discretion.

Appears in 5 contracts

Samples: Authorized Participant Agreement (Quaker Investment Trust), Authorized Participant Agreement (SEI Exchange Traded Funds), Authorized Participant Agreement (Advisors' Inner Circle Fund)

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Clearing Status. The Participant hereby represents and warrants that with respect to (i) all Orders of Creation Units of any Series, the Participant it is and shall continue to be a DTC Participant, (ii) any Order of Creation Units of any Series initiated through the CNS Clearing Process, the Participant it is a Participating Party, Party and (iii) any Order of Creation Units of any Series initiated through the applicable Non-CNS Clearing Process, the Participant it has the ability to transact through said such processes designated by said such Series. Any change in the status of the Participant with respect to subsection (i) of this Section 6.02 shall terminate this Agreement and the Participant shall give immediate prompt written notice to the Distributor and the Trust of said such change. If, at any time, the Participant’s representation and warranty made in subsections (ii) or (iii) of this Section 6.02 becomes inaccurate, the Participant shall give immediate prompt written notice to the Distributor and the Trust in writing, and the Distributor or the Trust may elect to terminate this Agreement in the Distributor’s or the Trust’s their sole discretion.

Appears in 3 contracts

Samples: Authorized Participant Agreement (Krane Shares Trust), Authorized Participant Agreement (Pyxis Funds I), Authorized Participant Agreement (Exchange Traded Concepts Trust)

Clearing Status. The Participant hereby represents and warrants that with respect to (i) all Orders of Creation Units of any Series, the Participant it is and shall continue to be a DTC Participant, (ii) any Order of Creation Units of any Series initiated through the CNS Clearing Process, the Participant it is a Participating Party, Party and (iii) any Order of Creation Units of any Series initiated through the applicable Non-CNS Clearing Process, the Participant it has the ability to transact through said such processes designated by said such Series. Any change in the status of the Participant with respect to subsection (i) of this Section 6.02 shall terminate this Agreement and the Participant shall give immediate prompt written notice to the Distributor and the Trust of said such change. If, at any time, the Participant’s representation and warranty made in subsections (ii) or (iii) of this Section 6.02 becomes inaccurate, the Participant shall give immediate prompt (but in any event within two Business Days) written notice to the Distributor and the Trust in writing, and and, notwithstanding anything to the contrary herein, the Distributor or the Trust may elect to immediately terminate this Agreement in the Distributor’s or the Trust’s their sole discretion.

Appears in 2 contracts

Samples: Agency Services Agreement (J.P. Morgan Exchange-Traded Fund Trust), Authorized Participant Agreement (LocalShares Investment Trust)

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Clearing Status. The Participant hereby represents and warrants that with respect to (i) all Orders of Creation Units of any Series, the Participant it is and shall will continue to be a DTC Participant, (ii) any Order of Creation Units of any Series initiated through the CNS Clearing Process, the Participant it is a Participating Party, Party and (iii) any Order of Creation Units of any Series initiated through the applicable Non-CNS Clearing Process, the Participant it has the ability to transact through said such processes designated by said such Series. Any change in the status of the Participant with respect to subsection (i) of this Section 6.02 shall terminate this Agreement and the Participant shall give immediate written notice to the Distributor and the Trust of said such change. If, at any time, the Participant’s representation and warranty made in subsections (ii) or (iii) of this Section 6.02 becomes inaccurate, the Participant shall give immediate written notice to the Distributor and the Trust in writing, and the Distributor or the Trust may elect to terminate this Agreement in the Distributor’s or the Trust’s their sole discretion.

Appears in 1 contract

Samples: Authorized Participant Agreement (Cambria ETF Trust)

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