Common use of Conditions of Placement Agent’s Obligations Clause in Contracts

Conditions of Placement Agent’s Obligations. (a) The obligations of the Placement Agent to undertake the placement of Units as provided herein shall be subject (unless waived by the Placement Agent) to the continuing accuracy of the representations and warranties of the Managing Owner, the Trust and the Funds contained herein, to the performance by the Managing Owner, the Trust and the Funds of their respective obligations hereunder and to the following conditions:

Conditions of Placement Agent’s Obligations. (a) The obligations of the Placement Agent to undertake cause the placement of Units the Units, as provided herein herein, shall be subject (unless waived by the Placement Agent) subject, in its reasonable discretion, to the continuing accuracy of the representations and warranties of the Managing OwnerCompany contained herein and in each certificate and document contemplated under this Agreement to be delivered to the Placement Agent, as of the Trust date hereof and the Funds contained herein, as of each Closing Date to the performance by the Managing OwnerCompany of its obligations hereunder, the Trust and the Funds of their respective obligations hereunder and to the following conditions:

Conditions of Placement Agent’s Obligations. (a) The obligations of the Placement Agent to undertake purchase and pay for the placement of Units Placement Shares, as provided herein herein, shall be subject to (unless waived by the Placement Agenti) to the continuing accuracy of the representations and warranties of the Managing Owner, the Trust Company and the Funds contained herein, Selling Stockholders as of the date hereof and as of the Closing Date; (ii) the accuracy of the statements of officers of the Company made pursuant to the provisions hereof; (iii) the performance by the Managing Owner, the Trust Company and the Funds Selling Stockholders of their respective its obligations hereunder and to (iv) the following conditions:

Conditions of Placement Agent’s Obligations. (a) The obligations of the --------------------------------------------- Placement Agent to undertake cause the placement of Units the Units, as provided herein herein, shall be subject (unless waived by the Placement Agent) subject, in its reasonable discretion, to the continuing accuracy of the representations and warranties of the Managing OwnerCompany contained herein and in each certificate and document contemplated under this Agreement to be delivered to the Placement Agent, as of the Trust date hereof and the Funds contained herein, as of each Closing Date to the performance by the Managing OwnerCompany of its obligations hereunder, the Trust and the Funds of their respective obligations hereunder and to the following conditions: