COUNTERPARTS; SEVERANCE. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. If any provision of this Agreement is held by any court or any act, regulation, rule or decision of any other governmental or supranational body or authority or regulatory organization or SRO to be invalid, illegal or unenforceable for any reason, it shall be invalid, illegal or unenforceable only to the extent so held and shall not affect the validity, legality or enforceability of the other provisions of this Agreement so long as this Agreement, as so modified, continues to express, without material change, the original intention of the Parties as to the subject matter of this Agreement and the deletion of such portion of this Agreement will not substantially impair the respective benefits, obligations or expectations of the Parties to this Agreement.
Appears in 19 contracts
Samples: Authorized Participant Agreement (Federated Hermes ETF Trust), Authorized Participant Agreement (Federated Hermes ETF Trust), Authorized Participant Agreement (Federated Hermes ETF Trust)
COUNTERPARTS; SEVERANCE. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. If any provision of this Agreement is held by any court or any act, regulation, rule or decision of any other governmental or supranational body or authority or regulatory or self-regulatory organization or SRO to be invalid, illegal or unenforceable for any reason, it shall be invalid, illegal or unenforceable only to the extent so held and shall not affect the validity, legality or enforceability of the other provisions of this Agreement so long as this Agreement, as so modified, continues to express, without material change, the original intention intentions of the Parties as to the subject matter of this Agreement and the deletion of such portion of this Agreement will not substantially impair the respective benefits, obligations or expectations of the Parties to this Agreement.
Appears in 5 contracts
Samples: Undertakings Agreement (DoubleLine ETF Trust), Undertakings Agreement (AdvisorShares Trust), Undertakings Agreement (Gabelli ETFs Trust)
COUNTERPARTS; SEVERANCE. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. If any provision of this Agreement is held by any court or any act, regulation, rule or decision of any other governmental or supranational body or authority or regulatory or self-regulatory organization or SRO to be invalid, illegal or unenforceable for any reason, it shall be invalid, illegal or unenforceable only to the extent so held and shall not affect the validity, legality or enforceability of the other provisions of this Agreement so long as this Agreement, as so modified, continues to express, without material change, the original intention intentional of the Parties parties as to the subject matter of this Agreement and the deletion of such portion of this Agreement will not substantially impair the respective respect benefits, obligations or expectations of the Parties to this Agreement.
Appears in 4 contracts
Samples: Authorized Participant Agreement (ActiveShares ETF Trust), Authorized Participant Agreement (ActiveShares ETF Trust), Authorized Participant Agreement (Pgim Etf Trust)
COUNTERPARTS; SEVERANCE. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. If any provision of this Agreement is held by any court or any act, regulation, rule or decision of any other governmental or supranational body or authority or regulatory or self-regulatory organization or SRO to be invalid, illegal or unenforceable for any reason, it shall be invalid, illegal or unenforceable only to the extent so held and shall not affect the validity, legality or enforceability of the other provisions of this Agreement so long as this Agreement, as so modified, continues to express, without material change, the original intention intentional of the Parties parties as to the subject matter of this Agreement and the deletion of such portion of this Agreement will not substantially impair the respective respect benefits, obligations or expectations of the Parties to this Agreement.. Restricted - External
Appears in 1 contract
Samples: Authorized Participant Agreement (PGIM Rock ETF Trust)
COUNTERPARTS; SEVERANCE. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. If any provision of this Agreement is held by any court or any act, regulation, rule or decision of any other governmental or supranational body or authority or regulatory organization or SRO to be invalid, illegal or unenforceable for any reason, it shall be invalid, illegal or unenforceable only to the extent so held and shall not affect the validity, legality or enforceability of the other provisions of this Agreement so long as this Agreement, as so modified, continues to express, without material change, the original intention of the Parties as to the subject matter of this Agreement and the deletion of such portion of this Agreement will not substantially impair the respective benefits, obligations or expectations of the Parties to this Agreement.. Form of Authorized Participant Agreement
Appears in 1 contract
Samples: Form of Authorized Participant Agreement (Neuberger Berman ETF Trust)