Common use of Delivery of Placement Units Clause in Contracts

Delivery of Placement Units. On or before each Settlement Date, the Manager, on behalf of the Trust, will, or will cause its transfer agent to, electronically transfer the Placement Units being sold by crediting the Designated Agent’s or its designee’s account (provided the Designated Agent shall have given the Manager written notice of such designee at least one Trading Day prior to the Settlement Date) at The Depository Trust Company through its Deposit and Withdrawal at Custodian System, CDS Clearing and Depository Services Inc. or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable, registered Units in good deliverable form. On each Settlement Date, the Designated Agent will deliver the related Net Proceeds in same day funds to an account designated by the Manager on, or prior to, the Settlement Date. The Manager, on behalf of the Trust, agrees that if the Trust, or the Trust’s transfer agent (if applicable), defaults in its obligation to deliver Placement Units on a Settlement Date, the Manager, on behalf of the Trust, agrees that in addition to and in no way limiting the rights and obligations set forth in Section 10(a) hereto, it will (i) hold the Designated Agent harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Manager, on behalf of the Trust, or its transfer agent (if applicable) and (ii) pay to the Designated Agent any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.

Delivery of Placement Units. On or before each Settlement Date, the Manager, on behalf of the Trust, will, or will cause its transfer agent to, electronically transfer the Placement Units being sold by crediting the Designated Agent’s or its designee’s account (provided the Designated Agent shall have given the Manager written notice of such designee at least one Trading Day prior to the Settlement Date) at The Canadian Depository for Securities, The Depository Trust Company through its Deposit and Withdrawal at Custodian System, CDS Clearing and Depository Services Inc. System or by such other means of delivery as may be mutually agreed upon by the parties hereto which in all cases shall be freely tradable, transferable, registered Units in good deliverable form. On each Settlement Date, the Designated Agent will deliver the related Net Proceeds in same day funds to an account designated by the Manager on, or prior to, the Settlement Date. The Manager, on behalf of the Trust, agrees that if the Trust, or the Trust’s transfer agent (if applicable), defaults in its obligation to deliver Placement Units on a Settlement DateDate through no fault of the Designated Agent, the Manager, on behalf of the Trust, agrees that in addition to and in no way limiting the rights and obligations set forth in Section 10(a) hereto, it will (i) hold the Designated Agent harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Manager, on behalf of the Trust, or its transfer agent (if applicable) and (ii) pay to the Designated Agent any commission, discount, or other compensation to which it would otherwise have been entitled absent such default.