Common use of Distributor Status Clause in Contracts

Distributor Status. The Participant understands and acknowledges that the method by which Creation Units will be created and traded may raise certain issues under applicable securities laws. For example, because new Creation Units of Shares may be issued and sold by the Fund on an ongoing basis, at any point a “distribution”, as such term is used in the 1933 Act, may occur. The Participant understands and acknowledges that some activities on its part, depending on the circumstances, may result in its being deemed a participant in a distribution in a manner which could render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the 1933 Act. The Participant also understands and acknowledges that dealers who are not “underwriters” but are effecting transactions in Shares, whether or not participating in the distribution of Shares, are generally required to deliver a prospectus.

Appears in 3 contracts

Samples: Authorized Participant Agreement, Authorized Participant Agreement (Proshares Trust), Authorized Participant Agreement (Bear Stearns Active Etf Trust)

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Distributor Status. The Participant understands and acknowledges that the method by which Creation Units Shares will be created and traded may raise certain issues under applicable securities lawslaws and regulations. For example, because new Creation Units of Shares may be issued and sold by the Fund Trust on an ongoing basis, at any point a “distribution”, as such term is used in the 1933 Act, may occur. The Distributor and the Trust hereby caution Participant understands and acknowledges that some activities on its part, depending on the circumstances, may result in its being deemed a participant in a distribution in a manner which could render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the 1933 Act. The Participant also understands and acknowledges that dealers who are not “underwriters” but are effecting transactions in Shares, whether or not participating in the distribution of Shares, are generally required to deliver a prospectusProspectus.

Appears in 3 contracts

Samples: Authorized Participant Agreement (Krane Shares Trust), Authorized Participant Agreement (Pyxis Funds I), Authorized Participant Agreement (Exchange Traded Concepts Trust)

Distributor Status. The Participant understands and acknowledges that the method by which Creation Units Shares will be created and traded may raise certain issues under applicable securities laws. For example, because new Creation Units of Shares may be issued and sold by the Fund Trust on an ongoing basis, at any point a “distribution”, as such term is used in the 1933 Act, may occur. The Distributor and the Trust hereby caution Participant understands and acknowledges that some activities on its part, depending on the circumstances, may result in its being deemed a participant in a distribution in a manner which could render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the 1933 Act. The Participant also understands and acknowledges that dealers who are not “underwriters” but are effecting transactions in Shares, whether or not participating in the distribution of Shares, are generally required to deliver a prospectusProspectus.

Appears in 2 contracts

Samples: Agency Services Agreement (J.P. Morgan Exchange-Traded Fund Trust), Authorized Participant Agreement (LocalShares Investment Trust)

Distributor Status. The Participant understands and acknowledges that the method by which Creation Units Shares will be created and traded may raise certain issues under applicable securities lawsLaws. For example, because new Creation Units of Shares may be issued and sold by the Fund Company on an ongoing basis, at any point a “distribution”, as such term is used in the 1933 Act, may occur. The Distributor and the Company hereby caution Participant understands and acknowledges that some activities on its part, depending on the circumstances, may result in its being deemed a participant in a distribution in a manner which could render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the 1933 Act. The Participant also understands and acknowledges that dealers who are not “underwriters” but are effecting transactions in Shares, whether or not participating in the distribution of Shares, are generally required to deliver a prospectusProspectus.

Appears in 2 contracts

Samples: Authorized Participant Agreement, Authorized Participant Agreement (Huntington Strategy Shares)

Distributor Status. The Participant understands and acknowledges that the method by which Creation Units will be created and traded may raise certain issues under applicable securities laws. For example, because new Creation Units of Shares may be issued and sold by the Fund on an ongoing basis, at any point a “distribution”, as such term is used in the 1933 Act, may occur. The Participant understands and acknowledges that some activities on its part, depending on the circumstances, may result in its the Participant being deemed a participant in a distribution in a manner which could render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the 1933 Act. The Participant also understands and acknowledges that dealers who are not “underwriters” but are effecting transactions in Shares, whether or not participating in the distribution of Shares, are generally required to deliver a prospectus.

Appears in 2 contracts

Samples: Authorized Participant Agreement (Proshares Trust), Authorized Participant Agreement (Proshares Trust)

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Distributor Status. The Participant understands and acknowledges that the method by which Creation Units Shares will be created and traded may raise certain issues under applicable securities laws. For example, because new Creation Units of Shares may be issued and sold by the Fund Company on an ongoing basis, at any point a “distribution”, as such term is used in the 1933 Act, may occur. The Distributor and the Company hereby caution Participant understands and acknowledges that some activities on its part, depending on the circumstances, may result in its being deemed a participant in a distribution in a manner which could render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the 1933 Act. The Participant also understands and acknowledges that dealers who are not “underwriters” but are effecting transactions in Shares, whether or not participating in the distribution of Shares, are generally required to deliver a prospectusProspectus.

Appears in 2 contracts

Samples: Authorized Participant Agreement (Impact Shares Trust I), Authorized Participant Agreement (Causeway ETMF Trust)

Distributor Status. The Participant understands and acknowledges that the method by which Creation Units of iShares will be created and traded may raise certain issues under applicable securities laws. For example, because new Creation Units of Shares iShares may be issued and sold by the Fund on an ongoing basis, at any point a "distribution", as such term is used in the 1933 Act, may occur. The Participant understands and acknowledges that some activities on its part, depending on the circumstances, may result in its being deemed a participant in a distribution in a manner which could render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the 1933 Act. The Participant also understands and acknowledges that dealers who are not "underwriters" but are effecting transactions in SharesiShares, whether or not participating in the distribution of SharesiShares, are generally required to deliver a prospectus.

Appears in 2 contracts

Samples: Authorized Participant Agreement (Ishares Inc), Authorized Participant Agreement (Ishares Trust)

Distributor Status. The Participant understands and acknowledges that the method by which Creation Units will be created and traded may raise certain issues under applicable securities laws. For example, because new Creation Units of Shares may be issued and sold by the Fund on an ongoing basis, at any point a "distribution", as such term is used in the 1933 Act, may occur. The Participant understands and acknowledges that some activities on its part, depending on the circumstances, may result in its the Participant being deemed a participant in a distribution in a manner which could render it a statutory underwriter and subject it to the prospectus delivery and liability provisions of the 1933 Act. The Participant also understands and acknowledges that dealers who are not "underwriters" but are effecting transactions in Shares, whether or not participating in the distribution of Shares, are generally required to deliver a prospectus.

Appears in 1 contract

Samples: Authorized Participant Agreement (Proshares Trust)

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