Common use of Creation and Declaration of Trusts; Deposit of Securities Clause in Contracts

Creation and Declaration of Trusts; Deposit of Securities. (a) The Initial Depositor, concurrently with the execution and delivery of the Depositary Trust Agreement, does hereby agree to deposit with the Trustee under the Depositary Trust Agreement all the right, title and interest of the Initial Depositor in, to and under Securities, of each of the classes and in the quantities necessary to create Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit. Unless otherwise specified in the Depositary Trust Agreement, such deposit shall include all cash dividends and distributions in respect of such Securities. The Initial Depositor shall make such deposit on or prior to the Closing Date. (b) From time to time after the date of the Depositary Trust Agreement, a Depositor may deposit with the Trustee, in the manner specified in subsection (a), Securities, of each of the classes and in the quantities necessary to create Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit by Delivery of such Securities to the Trustee. (c) The Trustee shall only accept for deposit whole Securities and shall not issue Receipts except to the extent such Receipts represent, in the aggregate, whole Underlying Securities. (d) So long as this Trust Agreement remains in effect, the Trust (or the Trustee acting on behalf of the Trust) shall not undertake any business, activities or transaction except as expressly provided herein or contemplated hereby. In particular, the Trustee shall not (i) acquire any investments or engage in any activities not authorized by this Trust Agreement, (ii) sell, assign, transfer, exchange, mortgage, pledge, set-off or otherwise dispose of any of the trust property or interests therein, including to Owners, except as expressly provided herein, (iii) take any action that would reasonably be expected to cause the Trust to become taxable as a corporation or classified as other than a grantor trust or custodial arrangement for U.S. federal income tax purposes, (iv) incur any indebtedness for borrowed money or issue any other debt, or (v) take or consent to any action that would result in the placement of a lien on any of the trust property. The Trustee shall defend all claims and demands of all persons at anytime claiming any lien on any of the trust property adverse to the interest of the Trust or the Owners in their capacity as Owners. (e) Anything herein to the contrary notwithstanding, the Trustee does not assume any of the duties, responsibilities, obligations or liabilities of the Initial Depositor or any other Depositor in respect of the Underlying Securities. (f) Underlying Securities shall be held by the Trustee at such place and in such manner as the Trustee shall determine.

Creation and Declaration of Trusts; Deposit of Securities. (a) The Initial Depositor, concurrently with the execution by executing and delivery of delivering the Depositary Trust Agreement, does hereby agree agrees to make an initial deposit with by Delivering to the Trustee under the Depositary Trust Agreement all the right, title and interest Securities in any quantity that will be requested by an integral number of the Initial Depositor in, to and under Securities, of each of the classes and in the quantities necessary to create Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit. Unless otherwise specified , together with a written order directing the Trustee to execute and deliver to, or upon the written order of, the person or persons stated in such order, the Depositary Trust Agreement, such deposit shall include all cash dividends and distributions number of Receipts issuable in respect of such Securitiesthat deposit. The Initial Depositor shall make such If required by the Trustee, Securities presented for deposit on must also be accompanied by an agreement or prior assignment or other instrument satisfactory to the Closing DateTrustee that provides for the prompt transfer to the Trustee of any dividend or right to subscribe for additional Securities or right to receive other property which any person in whose name the Securities are or have been recorded may thereafter receive upon or in respect of those Securities or, in lieu thereof, an agreement of indemnity or other agreement that is satisfactory to the Trustee. (b) From time to time after the date of the Depositary Trust Agreement, a Depositor may deposit with the Trustee, in the manner specified in subsection (a), Securities, Securities in any quantity that will be represented by an integral number of each of the classes and in the quantities necessary to create Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit by Delivery of such Securities to the Trustee. (c) The If one Receipt represents any fraction of a Security, a Depositor depositing Securities in accordance with Section 2.2(b) must Deliver to the Trustee the next largest whole number of Securities, and the Trustee shall only accept return to that Depositor cash in lieu of the fraction of a share not represented by the Receipts issued in respect of that deposit based on the previous day's closing price for the Securities. However, if a deposit whole Securities and to which the previous sentence would otherwise apply occurs after a sale of fractions of a share in accordance with Section 4.11 but prior to the record date set by the Trustee for distribution of the proceeds of that sale, the Depositor shall not issue Receipts except be required to deliver any shares on account of that fraction but, instead, must deposit cash in lieu of those fractions of a share in an amount equal to the extent such Receipts represent, distribution rate with respect to the proceeds of that sale set by the Trustee in the aggregate, whole Underlying Securitiesaccordance with Sections 4.11(a). (d) So long as this The Trust Agreement remains shall not engage in effectany business or activities other than those required or authorized by these Standard Terms or incidental and necessary to carry out the duties and responsibilities set forth in the Depositary Trust Agreement. Other than issuance of the Receipts, the Trust (or the Trustee acting on behalf of the Trust) shall not undertake issue or sell any business, activities certificates or transaction except as expressly provided herein or contemplated hereby. In particular, the Trustee shall not (i) acquire any investments or engage in any activities not authorized by this Trust Agreement, (ii) sell, assign, transfer, exchange, mortgage, pledge, set-off other obligations or otherwise dispose of any of the trust property incur, assume or interests therein, including to Owners, except as expressly provided herein, (iii) take any action that would reasonably be expected to cause the Trust to become taxable as a corporation or classified as other than a grantor trust or custodial arrangement for U.S. federal income tax purposes, (iv) incur guarantee any indebtedness for borrowed money or issue any other debt, or (v) take or consent to any action that would result in the placement of a lien on any of the trust property. The Trustee shall defend all claims and demands of all persons at anytime claiming any lien on any of the trust property adverse to the interest of the Trust or the Owners in their capacity as Ownersborrowed. (e) Anything herein to the contrary notwithstanding, the Trustee does not assume any of the duties, responsibilities, obligations or liabilities of the Initial Depositor or any other Depositor in respect of the Underlying Securities. (f) The Underlying Securities shall be held by the Trustee at such place and in such manner as the Trustee shall determine.

Creation and Declaration of Trusts; Deposit of Securities. (a) The Initial Depositor, concurrently with the execution and delivery of the Depositary Trust Agreement, does hereby agree to deposit with the Trustee under the Depositary Trust Agreement all the right, title and interest of the Initial Depositor in, to and under Securities, of each of the classes and in the quantities necessary to create Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit. Unless otherwise specified in the Depositary Trust Agreement, such deposit shall include all cash dividends and distributions in respect of such Securities. The Initial Depositor shall make such deposit Securities payable to the Trustee, as holder, on a record date occurring on or prior to after the Closing Datedate of the related deposit. (b) From time to time after the date of the Depositary Trust Agreement, a Depositor may deposit with the Trustee, during the Trustee's regular business hours, in the manner specified in subsection (aSection 2.2(a), Securities, of each of the classes and in the quantities necessary to create Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit by Delivery of such Securities to the Trustee. (c) The Trustee shall only accept for deposit whole Securities and shall not issue Receipts except to the extent such Receipts represent, in the aggregate, whole Underlying Securities. (d) So long as this The Trust Agreement remains shall not engage in effectany business or activities other than those required or authorized by these Standard Terms or incidental and necessary to carry out the duties and responsibilities set forth in the Depositary Trust Agreement. Other than issuance of the Receipts, the Trust (or the Trustee acting on behalf of the Trust) shall not undertake issue or sell any business, activities certificates or transaction except as expressly provided herein or contemplated hereby. In particular, the Trustee shall not (i) acquire any investments or engage in any activities not authorized by this Trust Agreement, (ii) sell, assign, transfer, exchange, mortgage, pledge, set-off other obligations or otherwise dispose of any of the trust property incur, assume or interests therein, including to Owners, except as expressly provided herein, (iii) take any action that would reasonably be expected to cause the Trust to become taxable as a corporation or classified as other than a grantor trust or custodial arrangement for U.S. federal income tax purposes, (iv) incur guarantee any indebtedness for borrowed money or issue any other debt, or (v) take or consent to any action that would result in the placement of a lien on any of the trust property. The Trustee shall defend all claims and demands of all persons at anytime claiming any lien on any of the trust property adverse to the interest of the Trust or the Owners in their capacity as Ownersborrowed. (e) Anything herein to the contrary notwithstanding, the Trustee does not assume any of the duties, responsibilities, obligations or liabilities of the Initial Depositor or any other Depositor in respect of the Underlying Securities. (f) Underlying Securities shall be held by the Trustee at such place and in such manner as the Trustee shall determine.

Creation and Declaration of Trusts; Deposit of Securities. (a) The Initial Depositor, concurrently with the execution and delivery of the Depositary Trust Agreement, does hereby agree to deposit with the Trustee under the Depositary Trust Agreement all the right, title and interest of the Initial Depositor in, to and under Securities, of each of the classes and in the quantities necessary to create Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit. Unless otherwise specified in the Depositary Trust Agreement, such deposit shall include all cash dividends and distributions in respect of such Securities. The Initial Depositor shall make such deposit on or prior to the Closing Date. (b) From time to time after the date of the Depositary Trust Agreement, a Depositor may deposit with the Trustee, in during the manner specified in subsection (a)Trustee's regular business hours, Securities, Securities of each of the classes and in the quantities necessary to create Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit by Delivery of such Securities to the Trustee. Unless otherwise specified in the Depositary Trust Agreement, such deposit shall include all cash dividends, interest payments and distributions in respect of such Securities payable to the Trustee, as holder, on a record date occurring on or after the date of the related deposit. (cb) The Trustee shall only accept for deposit whole Securities and shall not issue Receipts except to the extent such Receipts represent, in the aggregate, whole Underlying Securities. (dc) So long as this The Trust Agreement remains shall not engage in effectany business or activities other than those required or authorized by these Standard Terms or incidental and necessary to carry out the duties and responsibilities set forth in the Depositary Trust Agreement. Other than issuance of the Receipts, the Trust (or the Trustee acting on behalf of the Trust) shall not undertake issue or sell any business, activities certificates or transaction except as expressly provided herein or contemplated hereby. In particular, the Trustee shall not (i) acquire any investments or engage in any activities not authorized by this Trust Agreement, (ii) sell, assign, transfer, exchange, mortgage, pledge, set-off other obligations or otherwise dispose of any of the trust property incur, assume or interests therein, including to Owners, except as expressly provided herein, (iii) take any action that would reasonably be expected to cause the Trust to become taxable as a corporation or classified as other than a grantor trust or custodial arrangement for U.S. federal income tax purposes, (iv) incur guarantee any indebtedness for borrowed money or issue any other debt, or (v) take or consent to any action that would result in the placement of a lien on any of the trust property. The Trustee shall defend all claims and demands of all persons at anytime claiming any lien on any of the trust property adverse to the interest of the Trust or the Owners in their capacity as Ownersborrowed. (ed) Anything herein to the contrary notwithstanding, the Trustee does not assume any of the duties, responsibilities, obligations or liabilities of the Initial Depositor Sponsor or any other Depositor in respect of the Underlying Securities. (fe) Underlying Securities shall be held by the Trustee at such place and in such manner as the Trustee shall determine.

Creation and Declaration of Trusts; Deposit of Securities. (a) The Initial Depositor, concurrently with the execution and delivery of the Depositary Trust Agreement, does hereby agree to deposit with the Trustee under the Depositary Trust Agreement all the right, title and interest of the Initial Depositor in, to and under Securities, of each of the classes and in the quantities necessary to create Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit. Unless otherwise specified in the Depositary Trust Agreement, such deposit shall include all cash dividends and distributions in respect of such Securities. The Initial Depositor shall make such deposit on or prior to the Closing Date. (b) From time to time after the date of the Depositary Trust Agreement, a Depositor may deposit with the Trustee, in the manner specified in subsection (a), Securities, of each of the classes and in the quantities necessary to create Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit by Delivery of such Securities to the Trustee. (c) The Trustee shall only accept for deposit whole Securities and shall not issue Receipts except to the extent such Receipts represent, in the aggregate, whole Underlying Securities. (d) So long as this Trust Agreement remains in effect, the Trust (or the Trustee acting on behalf of the Trust) shall not undertake any business, activities or transaction except as expressly provided herein or contemplated hereby. In particular, the Trustee shall not (i) acquire any investments or engage in any activities not authorized by this Trust Agreement, (ii) sell, assign, transfer, exchange, mortgage, pledge, set-off or otherwise dispose of any of the trust property or interests therein, including to Owners, except as expressly provided herein, (iii) take any action that would reasonably be expected to cause the Trust to become taxable as a corporation or classified as other than a grantor trust or custodial arrangement for U.S. federal income tax purposes, (iv) incur any indebtedness for borrowed money or issue any other debt, or (v) take or consent to any action that would result in the placement of a lien on any of the trust property. The Trustee shall defend all claims and demands of all persons at anytime claiming any lien on any of the trust property adverse to the interest of the Trust or the Owners in their capacity as Owners. (e) Anything herein to the contrary notwithstanding, the Trustee does not assume any of the duties, responsibilities, obligations or liabilities of the Initial Depositor or any other Depositor in respect of the Underlying Securities. (f) Underlying Securities shall be held by the Trustee at such place and in such manner as the Trustee shall determine.federal

Creation and Declaration of Trusts; Deposit of Securities. (a) The Initial Depositor, concurrently with the execution and delivery of the Depositary Trust Agreement, does hereby agree to deposit or cause to be deposited with the Trustee under the Depositary Trust Agreement all the right, title and interest of the Initial Depositor in, to and under Securities, of each of the classes and in the quantities necessary to create Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit. Unless otherwise specified in the Depositary Trust Agreement, such deposit shall include all cash dividends and distributions in respect of such Securities. The Initial Depositor shall make such deposit Securities payable to the Trustee, as holder, on a record date occurring on or prior to after the Closing Datedate of the related deposit. (b) From time to time after the date of the Depositary Trust AgreementAgreement and subject to the provisions of Section 2.8(b)(iv), a Depositor may deposit with the Trustee, during the Trustee's regular business hours, in the manner specified in subsection (aSection 2.2(a), Securities, of each of the classes and in the quantities necessary to create Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit by Delivery of such Securities to the Trustee. (c) The Trustee shall only accept for deposit whole Securities and shall not issue Receipts except to the extent such Receipts represent, in the aggregate, whole Underlying Securities. (d) So long as this The Trust Agreement remains shall not engage in effectany business or activities other than those required or authorized by these Standard Terms or incidental and necessary to carry out the duties and responsibilities set forth in the Depositary Trust Agreement. Other than issuance of the Receipts, the Trust (or the Trustee acting on behalf of the Trust) shall not undertake issue or sell any business, activities certificates or transaction except as expressly provided herein or contemplated hereby. In particular, the Trustee shall not (i) acquire any investments or engage in any activities not authorized by this Trust Agreement, (ii) sell, assign, transfer, exchange, mortgage, pledge, set-off other obligations or otherwise dispose of any of the trust property incur, assume or interests therein, including to Owners, except as expressly provided herein, (iii) take any action that would reasonably be expected to cause the Trust to become taxable as a corporation or classified as other than a grantor trust or custodial arrangement for U.S. federal income tax purposes, (iv) incur guarantee any indebtedness for borrowed money or issue any other debt, or (v) take or consent to any action that would result in the placement of a lien on any of the trust property. The Trustee shall defend all claims and demands of all persons at anytime claiming any lien on any of the trust property adverse to the interest of the Trust or the Owners in their capacity as Ownersborrowed. (e) Anything herein to the contrary notwithstanding, the Trustee does not assume any of the duties, responsibilities, obligations or liabilities of the Initial Depositor or any other Depositor in respect of the Underlying Securities. (f) Underlying Securities shall be held by the Trustee at such place and in such manner as the Trustee shall determine.

Creation and Declaration of Trusts; Deposit of Securities. (a) The Initial Depositor, concurrently with the execution and delivery of the Depositary Trust Agreement, does hereby agree to deposit with the Trustee under the Depositary Trust Agreement all the right, title and interest of the Initial Depositor in, to and under Securities, of each of the classes and in the quantities necessary to create an integral multiple of a Round Lot of Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit. Unless otherwise specified in the Depositary Trust Agreement, such deposit shall include all cash dividends and distributions in respect of such Securities. The Initial Depositor shall make such deposit on or prior to the Closing Date. (b) From time to time after the date of the Depositary Trust Agreement, a Depositor may deposit with the Trustee, in the manner specified in subsection (a), Securities, of each of the classes and in the quantities necessary to create an integral multiple of a Round Lot of Receipts in accordance with Section 2 of the Depositary Trust Agreement in effect at the time of deposit by Delivery of such Securities to the Trustee. (c) The If a Round Lot of Receipts represents any fraction of a share, a Depositor depositing Securities in accordance with Section 2.2(b) shall be required to deliver to the Trustee the next largest whole share amount of the Security to which the fraction of a share is related and the Trustee shall only accept return to that Depositor cash in lieu of the fraction of a share not represented by the Round Lot or Round Lots of Receipts issued in respect of that deposit based on the previous day's closing price for the Security related to such fraction of a share. However, if a deposit whole Securities and to which the previous sentence would otherwise apply occurs after a sale of fractions of a share in accordance with Section 4.11 but prior to the record date set by the Trustee for distribution of the proceeds of that sale, the Depositor shall not issue Receipts except be required to deliver any shares on account of those fractions but, instead, shall be required to deposit cash in lieu of those fractions of a share in an amount equal to the extent such Receipts represent, distribution rate with respect to the proceeds of that sale set by the Trustee in the aggregate, whole Underlying Securitiesaccordance with Sections 4.11(a) and 5.6(1). (d) So long as this The Trust Agreement remains shall not engage in effectany business or activities other than those required or authorized by these Standard Terms or incidental and necessary to carry out the duties and responsibilities set forth in the Depositary Trust Agreement. Other than issuance of the Receipts, the Trust (or the Trustee acting on behalf of the Trust) shall not undertake issue or sell any business, activities certificates or transaction except as expressly provided herein or contemplated hereby. In particular, the Trustee shall not (i) acquire any investments or engage in any activities not authorized by this Trust Agreement, (ii) sell, assign, transfer, exchange, mortgage, pledge, set-off other obligations or otherwise dispose of any of the trust property incur, assume or interests therein, including to Owners, except as expressly provided herein, (iii) take any action that would reasonably be expected to cause the Trust to become taxable as a corporation or classified as other than a grantor trust or custodial arrangement for U.S. federal income tax purposes, (iv) incur guarantee any indebtedness for borrowed money or issue any other debt, or (v) take or consent to any action that would result in the placement of a lien on any of the trust property. The Trustee shall defend all claims and demands of all persons at anytime claiming any lien on any of the trust property adverse to the interest of the Trust or the Owners in their capacity as Ownersborrowed. (e) Anything herein to the contrary notwithstanding, the Trustee does not assume any of the duties, responsibilities, obligations or liabilities of the Initial Depositor or any other Depositor in respect of the Underlying SecuritiesTrust Property. (f) Underlying Securities Trust Property shall be held by the Trustee at such place and in such manner as the Trustee shall determine.