Common use of Discretionary Actions by Trustee; Consultation Clause in Contracts

Discretionary Actions by Trustee; Consultation. (a) The Trustee may, in its discretion, undertake any action which it may deem necessary or desirable to protect the rights of the Registered Owners and, in such event, the legal expenses and costs of any such actions shall be expenses and costs of the Trust and the Sponsor shall be entitled to be reimbursed therefor by the Trust. The expenses incurred by the Trustee in connection with taking any action under the preceding sentence (including the fees and disbursements of legal counsel) shall be expenses of the Trust, and the Trustee shall be entitled to be promptly reimbursed for those expenses by the Trust. (b) The Trustee shall notify and consult with the Sponsor before undertaking any action under subsection (a) above or if the Trustee becomes aware of any development or event that affects the administration of the Trust but is not contemplated or provided for in this Agreement.

Appears in 3 contracts

Samples: Depositary Trust Agreement (Currencyshares Euro Trust), Depositary Trust Agreement (Currencyshares British Pound Sterling Trust), Depositary Trust Agreement (Euro Currency Trust)

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Discretionary Actions by Trustee; Consultation. (a) The Trustee may, in its discretion, undertake any action which it may deem necessary or desirable to protect the rights of the Registered Owners and, in such event, the legal expenses and costs of any Owners. The Trustee’s customary fee for such actions shall be expenses (which services are extraordinary and costs of the Trust and the Sponsor shall be entitled to be reimbursed therefor not compensated by the Trust. The Trustee’s customary fee provided in Section 6.7(b)) and expenses incurred by the Trustee in connection with taking any action under the preceding sentence (including the fees and disbursements of legal counsel) shall be expenses of the Trust, and the Trustee shall be entitled to be promptly reimbursed for those expenses by the Trust. (b) The Trustee shall notify and consult with the Sponsor before undertaking any action under subsection (a) above or if the Trustee becomes aware of any development or event that affects the administration of the Trust but is not contemplated or provided for in this Agreement.

Appears in 3 contracts

Samples: Depositary Trust Agreement (Currencyshares Chinese Renminbi Trust), Depositary Trust Agreement (Currencyshares Chinese Renminbi Trust), Depositary Trust Agreement (Currencyshares Chinese Renminbi Trust)

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