Common use of Creation and Declaration of Trust; Business of the Trust Clause in Contracts

Creation and Declaration of Trust; Business of the Trust. (a) The Administrative Trustee acknowledges that it has received from the Investing Pool the initial Investing Pool Interests in exchange for CERFs and Short-Term Securities or cash that were Delivered to the Administrative Trustee by the Initial Purchaser (such Delivery, the “Initial Delivery”) and contributed by the Administrative Trustee to the Investing Pool. The Administrative Trustee declares that it will hold all Trust Property, as Administrative Trustee, for the benefit of the Registered Owners for the purposes of, and subject to the terms and conditions set forth in, this Agreement. The Administrative Trustee and the Delaware Trustee are hereby authorized and directed to file the Certificate of Trust with the Delaware Secretary of State. (b) The Trust shall not engage in any business or activities other than entering into the Investing Pool Agreement and holding Investing Pool Interests or activities incidental and necessary to carry out the duties and responsibilities with respect thereto and as set forth in, or contemplated by, this Agreement. Other than issuing Shares, the Trust shall not issue or sell any certificates or other obligations or otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Administrative Trustee acknowledges that it has received from the Investing Pool the initial Investing Pool Interests in exchange for CERFs and Short-Term Securities or cash that were Delivered to the Administrative Trustee by the Initial Purchaser (such Delivery, the “Initial Delivery”) and contributed by the Administrative Trustee to the Investing Pool. The Administrative Trustee declares that it will hold all Trust Property, as Administrative Trustee, for the benefit of the Registered Owners for the purposes of, and subject to the terms and conditions set forth in, this Agreement. The Administrative Trustee and the Delaware Trustee are hereby authorized and directed to file the Certificate of Trust (and any amendment thereto or restatement thereof) with the Delaware Secretary of State. (b) The Trust shall not engage in any business or activities other than entering into the Investing Pool Agreement and holding Investing Pool Interests or activities incidental and necessary to carry out the duties and responsibilities with respect thereto and as set forth in, or contemplated by, this Agreement. Other than issuing Shares, the Trust shall not issue or sell any certificates or other obligations or otherwise incur, assume or guarantee any indebtedness for money borrowed.