Common use of Deposit of Additional Securities Clause in Contracts

Deposit of Additional Securities. From time to time and in the discretion of the Depositor, the Depositor may make deposits of Additional Securities duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or contracts to purchase Additional Securities and cash or an irrevocable letter of credit in an amount necessary to consummate the purchase of any Additional Securities pursuant to such contracts ("Additional Contract Securities")) and/or cash (or a letter of credit in lieu of cash) with instructions to the Trustee to purchase one or more additional Securities (which cash (or cash in an amount equal to the face amount of the letter of credit), to the extent not used by the Trustee to purchase such Additional Securities within the 90-day period following the first deposit of Securities in the Trust, shall be distributed to Unit Holders on the Quarterly Distribution Date next following such 90-day period or such earlier date as the Depositor and the Trustee determine) and Cash (as defined below), if Cash is an asset of the Trust immediately prior to the supplemental deposit, provided that each deposit during the 90-day period following the first deposit of Securities in the Trust shall replicate, to the extent practicable as hereinafter provided, the Securities (including Contract Securities) and shall exactly replicate Cash (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional Units created by the deposit) held in the Trust immediately prior to each such deposit; and provided further that each deposit of Additional Securities and Cash, if any, subsequent to such 90-day period shall exactly replicate the Securities (including Contract Securities) and Cash (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional Units created by the deposit) held in the Trust immediately prior to each such deposit. For purposes of this paragraph, Cash means cash on hand in the Trust and/or cash receivable by the Trust as of the date of the supplemental deposit reduced by payables and accrued expenses. Accordingly, for a deposit subsequent to the 90-day period following the first deposit of Securities:

Appears in 3 contracts

Samples: Trust Indenture and Agreement (Government Securities Equity Trust Series 12), Trust Indenture and Agreement (Government Securities Equity Trust Series 10), Trust Indenture and Agreement (Government Securities Equity Trust Series 11)

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Deposit of Additional Securities. From time to time and in the discretion of the Depositor, the Depositor may make deposits of Additional Securities duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or contracts to purchase pur- chase Additional Securities and cash or an irrevocable letter of credit in an amount necessary to consummate the purchase of any Additional Securities pursuant to such contracts ("Additional Contract Securities")) and/or cash (or a letter of credit in lieu of cash) with instructions to the Trustee to purchase one or more additional Securities (which cash (or cash in an amount equal to the face amount of the letter of credit), to the extent not used by the Trustee to purchase such Additional Securities within the 90-day period following the first deposit of Securities in the Trust, shall be distributed to Unit Holders on the Quarterly Distribution Date next following such 90-day period or such earlier date as the Depositor and the Trustee determine) and Cash (as defined below), if Cash is an asset of the Trust immediately prior to the supplemental deposit, provided that each deposit during the 90-day period following the first deposit of Securities in the Trust shall replicate, to the extent practicable as hereinafter provided, the Securities (including Contract Securities) and shall exactly replicate Cash (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional Units created by the deposit) held in the Trust immediately prior to each such deposit; and and, provided further that each deposit of Additional Securities and Cash, if any, subsequent to such 90-day period shall exactly replicate the Securities (including Contract Securities) and Cash (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional Units created by the deposit) held in the Trust immediately prior to each such deposit. For purposes of this paragraph, Cash means cash on hand in the Trust and/or cash receivable by the Trust as of the date of the supplemental deposit reduced by payables and accrued expenses. Accordingly, for a deposit subsequent to the 90-day period following the first deposit of Securities:

Appears in 1 contract

Samples: Trust Indenture and Agreement (Morgan Stanley Dean Wit Sel Equity Tr 5 Industrial 2000-2)

Deposit of Additional Securities. From time to time and in the discretion of the Depositor, the Depositor may make deposits of Additional Securities duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or contracts to purchase Additional Securities and cash or an irrevocable letter of credit in an amount necessary to consummate the purchase of any Additional Securities pursuant to such contracts ("Additional Contract Securities")) and/or cash (or a letter of credit in lieu of cash) with instructions to the Trustee to purchase one or more additional Additional Securities (which cash (or cash in an amount equal to the face amount of the letter of credit), to the extent not used by the Trustee to purchase such Additional Securities within the 90-day period following the first deposit of Securities in the Trust, shall be distributed to Unit Holders on the Quarterly Distribution Date next following such 90-day period or such earlier date as the Depositor and the Trustee determine) and Cash (as defined below), if Cash is an asset of the Trust immediately prior to the supplemental deposit, provided that each deposit during the 90-day period following the first deposit of Securities in the Trust shall replicate, to the extent practicable as hereinafter provided, the Securities (including Contract Securities) and shall exactly replicate Cash (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional Units created by the deposit) held in the Trust immediately prior to each such deposit; and and, provided further that each deposit of Additional Securities and Cash, if any, subsequent to such 90-day period shall exactly replicate the Securities (including Contract Securities) and Cash (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional additional Units created by the deposit) held in the Trust immediately prior to each such deposit. For purposes of this paragraph, Cash means cash on hand in the Trust and/or cash receivable by the Trust as of the date of the supplemental deposit reduced by payables and accrued expenses. Accordingly, (a) for a deposit subsequent to the 90-day period following the first deposit of Securities:

Appears in 1 contract

Samples: Distribution Agency Agreement (National Equity Trust Otc Growth Trust Series 5)

Deposit of Additional Securities. From time to time and in the discretion of the Depositor, the Depositor may make deposits of Additional Securities duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or contracts to purchase Additional Securities and cash or an irrevocable letter of credit in an amount necessary to consummate the purchase of any Additional Securities pursuant to such contracts ("Additional Contract Securities")) and/or cash (or a letter of credit in lieu of cash) with instructions to the Trustee to purchase one or more additional Securities (which cash (or cash in an amount equal to the face amount of the letter of credit), to the extent not used by the Trustee to purchase such Additional Securities within the 90-day period following the first deposit of Securities in the Trust, shall be distributed to Unit Holders on the Quarterly Distribution Date next following such 90-day period or such earlier date as the Depositor and the Trustee determine) and Cash (as defined below), if Cash is an asset of the Trust immediately prior to the supplemental deposit, provided that each deposit during the 90-day period following the first deposit of Securities in the Trust shall replicate, to the extent practicable as hereinafter provided, the Securities (including Contract Securities) and shall exactly replicate Cash (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional Units created by the deposit) held in the Trust immediately prior to each such deposit; and and, provided further that each deposit of Additional Securities and Cash, if any, subsequent to such 90-day period shall exactly replicate the Securities (including Contract Securities) and Cash (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional Units created by the deposit) held in the Trust immediately prior to each such deposit. For purposes of this paragraph, Cash means cash on hand in the Trust and/or cash receivable by the Trust as of the date of the supplemental deposit reduced by payables and accrued expenses. Accordingly, for a deposit subsequent to the 90-day period following the first deposit of Securities:

Appears in 1 contract

Samples: Trust Indenture and Agreement (Morgan Stanley Dean Wit Sel Equity Tr 10 Industrial 2000-2)

Deposit of Additional Securities. From time to time and in the discretion of the Depositor, the Depositor may make deposits of Additional Securities duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or contracts to purchase Additional Securities and cash or an irrevocable letter of credit in an amount necessary to consummate the purchase of any Additional Securities pursuant to such contracts ("Additional Contract Securities")) and/or cash (or a letter of credit in lieu of cash) with instructions to the Trustee to purchase one or more additional Additional Securities (which cash (or cash in an amount equal to the face amount of the letter of credit), to the extent not used by the Trustee to purchase such Additional Securities within the 90-day period following the first deposit of Securities in the Trust, shall be distributed to Unit Holders on the Quarterly Distribution Date next following such 90-day period or such earlier date as the Depositor and the Trustee determine) and Cash (as defined below), if Cash is an asset of the Trust immediately prior to the supplemental deposit, provided that each deposit during the 90-day period following the first deposit of Securities in the Trust shall replicate, to the extent practicable as hereinafter provided, the Securities (including Contract Securities) and shall exactly replicate Cash (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional Units created by the deposit) held in the Trust immediately prior to each such deposit; and and, provided further that each deposit of Additional Securities and Cash, if any, subsequent to such 90-day period shall exactly replicate the Securities (including Contract Securities) and Cash (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional additional Units created by the deposit) held in the Trust immediately prior to each such deposit. In connection with the deposit of Additional Securities, the Depositor shall transfer to the Trustee its obligations under Additional Purchase Rights which shall each have the same terms as the Purchase Rights transferred pursuant to Section 2.01 and be in the same proportions as the Securities and Purchase Rights referred to in Section 2.01. For purposes of this paragraph, Cash means cash on hand in the Trust and/or cash receivable by the Trust as of the date of the supplemental deposit reduced by payables and accrued expenses. Accordingly, (a) for a deposit subsequent to the 90-day period following the first deposit of Securities:

Appears in 1 contract

Samples: Indenture and Agreement (National Equity Tr Short Term Low 5 Cover Write Opt Tr Ser 1)

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Deposit of Additional Securities. From time (a) Subject to time and the requirements set forth below in this Section, the discretion Depositor may, on any Business Day (the "Trade Date"), subscribe for Additional Units as follows: (1) Prior to the Evaluation Time on the Trade Date, the Depositor shall provide notice (the "Subscription Notice") to the Trustee, by telecopy or by written communication, of the Depositor's intention to subscribe for Additional Units. The Subscription Notice shall identify the Additional Securities to be acquired (unless such Additional Securities are a precise replication of the then existing portfolio) and shall either (i) specify the quantity of Additional Securities to be deposited by the Depositor on the settlement date for such subscription or (ii) instruct the Trustee to purchase Additional Securities with an aggregate value as specified in the Subscription Notice. (2) Promptly following the Evaluation Time on such Business Day, the Depositor may make deposits shall verify with the Trustee, by telecopy, the number of Additional Units to be created. (3) Not later than the time on the settlement date for such subscription when the Trustee is to deliver the Additional Units created thereby (which time shall not be later than the time by which the Trustee is required to settle any contracts for the purchase of Additional Securities duly endorsed entered into by the Trustee pursuant to the instruction of the Depositor referred to in blank or accompanied by all necessary instruments of assignment and transfer subparagraph (1) above), the Depositor shall deposit with the Trustee (i) any Additional Securities specified in proper form the Subscription Notice (or contracts to purchase such Additional Securities and together with cash or an irrevocable letter of credit in an amount necessary to consummate the purchase of any Additional Securities pursuant to such contracts ("Additional Contract Securities")) and/or cash (or a letter of credit in lieu the amount necessary to settle such contracts) or (ii) cash or a letter of cash) with instructions to credit in the Trustee to purchase one or more additional Securities (which cash (or cash in an amount equal to the face amount aggregate value of the letter of credit), to the extent not used by the Trustee to purchase such Additional Securities within the 90-day period following the first deposit of Securities specified in the TrustSubscription Notice, shall be distributed to Unit Holders on the Quarterly Distribution Date next following such 90-day period or such earlier date as the Depositor and the Trustee determine) and together with, in each case, Cash (as defined below). "Cash" means, if Cash is an asset of the Trust immediately prior as to the supplemental depositPrincipal Account, provided that each deposit during the 90-day period following the first deposit of Securities in the Trust shall replicate, to the extent practicable as hereinafter provided, the Securities (including Contract Securities) and shall exactly replicate Cash cash or other property (other than Cash Securities) on hand in the Principal Account or receivable and to be credited to the Principal Account as of the Evaluation Time on the Business Day preceding the Trade Date (other than amounts to be distributed solely to persons other than persons receiving the distribution from the Principal Account as holders of Additional Units created by the deposit) held in ), and, as to the Trust immediately prior to each such deposit; and provided further that each deposit of Additional Securities and CashIncome Account, if any, subsequent to such 90-day period shall exactly replicate the Securities (including Contract Securities) and Cash cash or other property (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional Units created by the depositSecurities) held in the Trust immediately prior to each such deposit. For purposes of this paragraph, Cash means cash on hand in the Trust and/or cash receivable received by the Trust as of the date Evaluation Time on the Business Day preceding the Trade Date or receivable by the Trust in respect of dividends or other distributions declared but not received as of the supplemental deposit Evaluation Time on the Business Day preceding the Trade Date, reduced by payables and accrued expenses. Accordingly, for a deposit subsequent to the 90-day period following amount of any cash or other property received or receivable on any Security allocable (in accordance with the first deposit of Securities:Trustee's -2-

Appears in 1 contract

Samples: Reference Trust Agreement (Equity Secur Tr Ser 21 Sign Series Gabelli Ent & Media Tr Ii)

Deposit of Additional Securities. From time (a) Subject to time and the requirements set forth below in this Section, the discretion Depositor may, on any Business Day (the “Trade Date”), subscribe for Additional Units as follows: (1) Prior to the Evaluation Time defined in Section 5.01 on the Trade Date, the Depositor shall provide notice (the “Subscription Notice”) to the Trustee of the Depositor’s intention to subscribe for Additional Units. The Subscription Notice shall identify the Additional Securities to be acquired (unless such Additional Securities are a precise replication of the then existing portfolio) and shall either (i) specify the quantity of Additional Securities to be deposited by the Depositor on the settlement date for such subscription or (ii) instruct the Trustee to purchase Additional Securities with an aggregate cost as specified in the Subscription Notice. (2) Promptly following the Evaluation Time on such Business Day, the Depositor may make deposits shall verify with the Trustee, the number of Additional Units to be created. (3) Not later than the time on the settlement date for such subscription when the Trustee is to deliver the Additional Units created thereby (which time shall not be later than the time by which the Trustee is required to settle any contracts for the purchase of Additional Securities duly endorsed entered into by the Trustee pursuant to the instruction of the Depositor referred to in blank or accompanied by all necessary instruments of assignment and transfer subparagraph (1) above), the Depositor shall deposit with the Trustee (i) any Additional Securities specified in proper form the Subscription Notice (or contracts to purchase such Additional Securities and together with cash or an irrevocable letter of credit in an amount necessary to consummate the purchase of any Additional Securities pursuant to such contracts ("Additional Contract Securities")) and/or cash (or a letter of credit in lieu the amount necessary to settle such contracts) or (ii) cash or a letter of cash) with instructions to credit in the Trustee to purchase one or more additional Securities (which cash (or cash in an amount equal to the face amount aggregate cost of the letter of credit)Additional Securities to be purchased by the Trustee, as specified in the Subscription Notice, together with, in each case, Cash defined below. “Cash” means, as to the extent not used by the Trustee to purchase such Additional Securities within the 90-day period following the first deposit of Securities in the TrustCapital Account, shall be distributed to Unit Holders on the Quarterly Distribution Date next following such 90-day period cash or such earlier date as the Depositor and the Trustee determine) and Cash (as defined below), if Cash is an asset of the Trust immediately prior to the supplemental deposit, provided that each deposit during the 90-day period following the first deposit of Securities in the Trust shall replicate, to the extent practicable as hereinafter provided, the Securities (including Contract Securities) and shall exactly replicate Cash other property (other than Cash Securities) on hand in the Capital Account or receivable and to be credited to the Capital Account as of the Evaluation Time on the Business Day preceding the Trade Date (other than amounts to be distributed solely to persons other than persons receiving the distribution from the Capital Account as holders of Additional Units created by the deposit) held in ), and, as to the Trust immediately prior to each such deposit; and provided further that each deposit of Additional Securities and CashIncome Account, if any, subsequent to such 90-day period shall exactly replicate the Securities (including Contract Securities) and Cash cash or other property (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional Units created by the depositSecurities) held in the Trust immediately prior to each such deposit. For purposes of this paragraph, Cash means cash on hand in the Trust and/or cash receivable received by the Trust as of the Evaluation Time on the Business Day preceding the Trade Date or receivable by the Trust in respect of dividends or other distributions declared but not received as of the Evaluation Time on the Business Day preceding the Trade Date, reduced by the amount of any cash or other property received or receivable on any Security allocable (in accordance with the Trustee’s calculation of the monthly distribution from the Income Account pursuant to Section 3.05) to a distribution made or to be made in respect of a Record Date occurring prior to the Trade Date, and, as to the Reserve Account, cash on hand in the Reserve Account or receivable to be credited to the Reserve Account as of the date of the supplemental deposit reduced (other than amounts to be withdrawn or distributed from the Reserve Account as permitted by payables Sections 2.01 and accrued expenses3.04). AccordinglyEach deposit made pursuant to this Section 2.05 shall replicate, for a deposit subsequent to the 90-day period following extent practicable, the first deposit of Securities:portfolio immediately prior to such deposit.

Appears in 1 contract

Samples: Reference Trust Agreement (Guggenheim Defined Portfolios, Series 2433)

Deposit of Additional Securities. From time to time and in the discretion of the Depositor, the Depositor may make deposits of Additional Securities duly endorsed in blank or accompanied by all necessary instruments of assignment and transfer in proper form (or contracts to purchase Additional Securities and cash or an irrevocable letter of credit in an amount necessary to consummate the purchase of any Additional Securities pursuant to such contracts ("Additional Contract Securities")) and/or cash (or a letter of credit in lieu of cash) with instructions to the Trustee to purchase one or more additional Securities (which cash (or cash in an amount equal to the face amount of the letter of credit), to the extent not used by the Trustee to purchase such Additional Securities within the 90-day period following the first deposit of Securities in the Trust, shall be distributed to Unit Holders on the Quarterly Distribution Date next following such 90-day period or such earlier date as the Depositor and the Trustee determine) and Cash (as defined below), if Cash is an asset of the Trust immediately prior to the supplemental deposit, provided that each deposit during the 90-day period following the first deposit of Securities in the Trust shall replicate, to the extent practicable as hereinafter provided, the Securities (including Contract Securities) and shall exactly replicate Cash (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional Units created by the deposit) held in the Trust immediately prior to each such deposit; and provided further that each deposit of Additional Securities and Cash, if any, subsequent to such 90-day period shall exactly replicate the Securities (including Contract Securities) and Cash (other than Cash to be distributed solely to persons other than persons receiving the distribution as holders of Additional additional Units created by the deposit) held in the Trust immediately prior to each such deposit. For purposes of this paragraph, Cash means cash on hand in the Trust and/or cash receivable by the Trust as of the date of the supplemental deposit reduced by payables and accrued expenses. Accordingly, for a deposit subsequent to the 90-day period following the first deposit of Securities:

Appears in 1 contract

Samples: Trust Indenture and Agreement (National Equity Trust Low Five Portfolio Series 31)

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