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, rules and regulations. For example, because new Creation Units of Shares may be issued and sold by a Fund on an ongoing basis, a “distribution,” as such term is used in the Securities Act, may occur at any point. The Participant understands and acknowledges that some activities on its part, depending on the circumstances, may result in it 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 Securities Act. Neither the Distributor nor the Transfer Agent will indemnify the Participant for any violations of the federal securities laws committed by the Participant. The Participant also understands and acknowledges that dealers who are not “underwriters,” but who effect transactions in Shares, whether or not participating in the distribution of Shares, are generally required to deliver a Prospectus.

Distributor Status. The Participant understands and acknowledges that the method by which Creation Units will Shares shall be created and traded may raise certain issues under applicable securities laws, rules laws and regulations. For example, because new Creation Units of Shares may be issued and sold by a Fund the Trust on an ongoing basis, at any point a “distribution,” as such said term is used in the Securities 1933 Act, may occur at any pointoccur. The Distributor and the Trust hereby caution the Participant understands and acknowledges that some activities on its the Participant’s part, depending on the circumstances, may result in it the Participant’s being deemed a participant in a distribution in a manner which could render it the Participant a statutory underwriter and subject it the Participant to the prospectus delivery and liability provisions of the Securities 1933 Act. Neither the Distributor nor the Transfer Agent will indemnify the Participant for any violations of the federal securities laws committed by the Participant. The Participant also understands and acknowledges that dealers who are not “underwriters,” but who effect are effecting transactions in Shares, whether or not participating in the distribution of Shares, generally are generally required to deliver a Prospectus. Neither the Distributor nor the Index Receipt Agent or Trust shall indemnify the Participant for any violations of the federal securities laws committed by the Participant.

Distributor Status. The Participant understands and acknowledges that the method by which Creation Units will Shares shall be created and traded may raise certain issues under applicable securities laws, rules laws and regulations. For example, because new Creation Units of Shares may be issued and sold by a Fund the Trust on an ongoing basis, at any point a “distribution,” as such said term is used in the Securities 1933 Act, may occur at any pointoccur. The Distributor and the Trust hereby caution the Participant understands and acknowledges that some activities on its the Participant’s part, depending on the circumstances, may result in it the Participant’s being deemed a participant in a distribution in a manner which could render it the Participant a statutory underwriter and subject it the Participant to the prospectus delivery and liability provisions of the Securities 1933 Act. Neither the Distributor nor the Transfer Agent will indemnify the Participant for any violations of the federal securities laws committed by the Participant. The Participant also understands and acknowledges that dealers who are not “underwriters,” but who effect are effecting transactions in Shares, whether or not participating in the distribution of Shares, generally are generally required to deliver a Prospectus. Neither the Distributor nor the Transfer Agent or Trust shall indemnify the Participant for any violations of the federal securities laws committed by the Participant.