Common use of Foreign Currency Conversions Clause in Contracts

Foreign Currency Conversions. The Depositor shall instruct the Trustee as to the method whereby calculations of U.S. dollar equivalents are to be made for purpose of net asset value computations and otherwise as may be required hereunder. The Trustee shall have no liability for any loss or depreciation resulting from any calculation of U.S. dollar equivalent made pursuant to the Depositor’s instruction.” (y) Section 5.1 is hereby amended by adding the following sentence to the end of the first paragraph of Section 5.1: “Amounts receivable by the Trust in foreign currency shall be converted to U.S. dollars based on current exchange rates, in the same manner as provided in Section 4.4, for the conversion of the valuation of foreign Securities.” (z) Section 6.1(e) is hereby replaced in its entirety with the following: (I) Subject to the provisions of subparagraph II of this paragraph, the Trustee may employ agents, attorneys, accountants and auditors and shall not be answerable for the default or misconduct of any such agents, attorneys, accountants or auditors if such agents, attorneys, accountants or auditors shall have been selected with reasonable care; provided, however, that if the Trustee chooses to employ DTC in connection with the storage and handling of, and furnishing of administrative services in connection with, the Securities, the Trustee will be answerable for any default or misconduct of DTC and its employees and agents as fully and to the same extent as if such default or misconduct had been committed or occasioned by the Trustee. The Trustee shall be fully protected in respect of any action under this Indenture taken, or suffered, in good faith by the Trustee, in accordance with the opinion of its counsel, which may be counsel to the Depositor acceptable to the Trustee. The fees and expenses charged by such agents, attorneys, accountants or auditors shall constitute an expense of the Trustee reimbursable from the Income and Principal Accounts as set forth in Section 3.5 hereof. (II) The Trustee may place and maintain in the care of an eligible foreign custodian (which is employed by the Trustee as a sub-custodian as contemplated by subparagraph (I) of this paragraph (e) and which may be an affiliate or subsidiary of the Trustee or any other entity in which the Trustee may have an ownership interest) the Trust’s foreign securities, cash and cash equivalents in amounts reasonably necessary to effect the Trust’s foreign securities transactions, provided that: (1) The Trustee shall have: (i) determined that maintaining the Trust’s assets in a particular country or countries is consistent with the best interests of the Trust and the Unitholders; (ii) determined that maintaining the Trust’s assets with such eligible foreign custodian is consistent with the best interests of the Trust and the Unitholders; and (iii) entered into a written contract which is consistent with the best interests of the Trust and the Unitholders, and which will govern the manner in which such eligible foreign custodian will maintain the Trust’s assets and which provides that: (A) The Trust will be adequately indemnified and its assets adequately insured in the event of loss; (B) The Trust’s assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the eligible foreign custodian or its creditors except a claim for payment for their safe custody or administration; (C) Beneficial ownership of the Trust’s assets will be freely transferable without the payment of money or value other than for safe custody or administration; (D) Adequate records will be maintained identifying the assets as belonging to the Trust; (E) The Trust’s independent public accountants will be given access to records identifying assets of the Trust or confirmation of the contents of those records; and (F) The Trustee will receive periodic reports with respect to safekeeping of the Trust’s assets, including, but not necessarily limited to, notification of any transfer to or from the Trustee’s account. (2) The Trustee shall establish a system to monitor such foreign custody arrangements to ensure compliance with the conditions of this subparagraph. (3) The Trustee, at least annually, shall review and approve the continuing maintenance of Trust assets in a particular country or countries with a particular eligible foreign custodian or particular eligible foreign custodians as consistent with the best interests of the Trust and the Unitholders. (4) The Trustee shall maintain and keep current written records regarding the basis for the choice or continued use of a particular eligible foreign custodian pursuant to this subparagraph, and such records shall be available for inspection by unitholders and the Securities and Exchange Commission at the Trustee’s offices at all reasonable times during its usual business hours. (5) Where the Trustee has determined that a foreign custodian may no longer be considered eligible under this subparagraph or that, pursuant to clause (3) above, continuance of the arrangement would not be consistent with the best interests of the Trust and the Unitholders, the Trust must withdraw its assets from the care of that custodian as soon as reasonably practicable, and in any event within 180 days of the date when the Trustee made the determination. As used in this subparagraph (II),

Foreign Currency Conversions. The Depositor shall instruct the Trustee as to the method whereby calculations of U.S. dollar equivalents are to be made for purpose of net asset value computations and otherwise as may be required hereunder. The Trustee shall have no liability for any loss or depreciation resulting from any calculation of U.S. dollar equivalent made pursuant to the Depositor’s instruction.” (y) Section 5.1 is hereby amended by adding the following sentence to the end of the first paragraph of Section 5.1: “Amounts receivable by the Trust in foreign currency shall be converted to U.S. dollars based on current exchange rates, in the same manner as provided in Section 4.4, for the conversion of the valuation of foreign Securities.” (z) Section 6.1(e) is hereby replaced in its entirety with the following: (I) Subject to the provisions of subparagraph II of this paragraph, the Trustee may employ agents, attorneys, accountants and auditors and shall not be answerable for the default or misconduct of any such agents, attorneys, accountants or auditors if such agents, attorneys, accountants or auditors shall have been selected with reasonable care; provided, however, that if the Trustee chooses to employ DTC in connection with the storage and handling of, and furnishing of administrative services in connection with, the Securities, the Trustee will be answerable for any default or misconduct of DTC and its employees and agents as fully and to the same extent as if such default or misconduct had been committed or occasioned by the Trustee. The Trustee shall be fully protected in respect of any action under this Indenture taken, or suffered, in good faith by the Trustee, in accordance with the opinion of its counsel, which may be counsel to the Depositor acceptable to the Trustee. The fees and expenses charged by such agents, attorneys, accountants or auditors shall constitute an expense of the Trustee reimbursable from the Income and Principal Accounts as set forth in Section 3.5 hereof. (II) The Trustee may place and maintain in the care of an eligible foreign custodian (which is employed by the Trustee as a sub-custodian as contemplated by subparagraph (I) of this paragraph (e) and which may be an affiliate or subsidiary of the Trustee or any other entity in which the Trustee may have an ownership interest) the Trust’s foreign securities, cash and cash equivalents in amounts reasonably necessary to effect the Trust’s foreign securities transactions, provided that: (1) The Trustee shall have: (i) determined that maintaining the Trust’s assets in a particular country or countries is consistent with the best interests of the Trust and the Unitholders; (ii) determined that maintaining the Trust’s assets with such eligible foreign custodian is consistent with the best interests of the Trust and the Unitholders; and (iii) entered into a written contract which is consistent with the best interests of the Trust and the Unitholders, and which will govern the manner in which such eligible foreign custodian will maintain the Trust’s assets and which provides that: (A) The Trust will be adequately indemnified and its assets adequately insured in the event of loss; (B) The Trust’s assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the eligible foreign custodian or its creditors except a claim for payment for their safe custody or administration; (C) Beneficial ownership of the Trust’s assets will be freely transferable without the payment of money or value other than for safe custody or administration; (D) Adequate records will be maintained identifying the assets as belonging to the Trust; (E) The Trust’s independent public accountants will be given access to records identifying assets of the Trust or confirmation of the contents of those records; and (F) The Trustee will receive periodic reports with respect to safekeeping of the Trust’s assets, including, but not necessarily limited to, notification of any transfer to or from the Trustee’s account. (2) The Trustee shall establish a system to monitor such foreign custody arrangements to ensure compliance with the conditions of this subparagraph. (3) The Trustee, at least annually, shall review and approve the continuing maintenance of Trust assets in a particular country or countries with a particular eligible foreign custodian or particular eligible foreign custodians as consistent with the best interests of the Trust and the Unitholders. (4) The Trustee shall maintain and keep current written records regarding the basis for the choice or continued use of a particular eligible foreign custodian pursuant to this subparagraph, and such records shall be available for inspection by unitholders and the Securities and Exchange Commission at the Trustee’s offices at all reasonable times during its usual business hours. (5) Where the Trustee has determined that a foreign custodian may no longer be considered eligible under this subparagraph or that, pursuant to clause (3) above, continuance of the arrangement would not be consistent with the best interests of the Trust and the Unitholders, the Trust must withdraw its assets from the care of that custodian as soon as reasonably practicable, and in any event within 180 days of the date when the Trustee made the determination. As used in this subparagraph (II),except

Foreign Currency Conversions. The Depositor shall instruct the Trustee as to the method whereby calculations of U.S. dollar equivalents are to be made for purpose of net asset value computations and otherwise as may be required hereunder. The Trustee shall have no liability for any loss or depreciation resulting from any calculation of U.S. dollar equivalent made pursuant to the Depositor’s instruction.” (yx) Section 5.1 is hereby amended by adding the following sentence to the end of the first paragraph of Section 5.1: “Amounts receivable by the Trust in foreign currency shall be converted to U.S. dollars based on current exchange rates, in the same manner as provided in Section 4.4, for the conversion of the valuation of foreign Securities.” (zy) Section 6.1(e) is hereby replaced in its entirety with the following: (I) Subject to the provisions of subparagraph II of this paragraph, the Trustee may employ agents, attorneys, accountants and auditors and shall not be answerable for the default or misconduct of any such agents, attorneys, accountants or auditors if such agents, attorneys, accountants or auditors shall have been selected with reasonable care; provided, however, that if the Trustee chooses to employ DTC in connection with the storage and handling of, and furnishing of administrative services in connection with, the Securities, the Trustee will be answerable for any default or misconduct of DTC and its employees and agents as fully and to the same extent as if such default or misconduct had been committed or occasioned by the Trustee. The Trustee shall be fully protected in respect of any action under this Indenture taken, or suffered, in good faith by the Trustee, in accordance with the opinion of its counsel, which may be counsel to the Depositor acceptable to the Trustee. The fees and expenses charged by such agents, attorneys, accountants or auditors shall constitute an expense of the Trustee reimbursable from the Income and Principal Accounts as set forth in Section 3.5 hereof. (II) The Trustee may place and maintain in the care of an eligible foreign custodian (which is employed by the Trustee as a sub-custodian as contemplated by subparagraph (I) of this paragraph (e) and which may be an affiliate or subsidiary of the Trustee or any other entity in which the Trustee may have an ownership interest) the Trust’s foreign securities, cash and cash equivalents in amounts reasonably necessary to effect the Trust’s foreign securities transactions, provided that: (1) The Trustee shall have: (i) determined that maintaining the Trust’s assets in a particular country or countries is consistent with the best interests of the Trust and the Unitholders; (ii) determined that maintaining the Trust’s assets with such eligible foreign custodian is consistent with the best interests of the Trust and the Unitholders; and (iii) entered into a written contract which is consistent with the best interests of the Trust and the Unitholders, and which will govern the manner in which such eligible foreign custodian will maintain the Trust’s assets and which provides that: (A) The Trust will be adequately indemnified and its assets adequately insured in the event of loss; (B) The Trust’s assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of the eligible foreign custodian or its creditors except a claim for payment for their safe custody or administration; (C) Beneficial ownership of the Trust’s assets will be freely transferable without the payment of money or value other than for safe custody or administration; (D) Adequate records will be maintained identifying the assets as belonging to the Trust; (E) The Trust’s independent public accountants will be given access to records identifying assets of the Trust or confirmation of the contents of those records; and (F) The Trustee will receive periodic reports with respect to safekeeping of the Trust’s assets, including, but not necessarily limited to, notification of any transfer to or from the Trustee’s account. (2) The Trustee shall establish a system to monitor such foreign custody arrangements to ensure compliance with the conditions of this subparagraph. (3) The Trustee, at least annually, shall review and approve the continuing maintenance of Trust assets in a particular country or countries with a particular eligible foreign custodian or particular eligible foreign custodians as consistent with the best interests of the Trust and the Unitholders. (4) The Trustee shall maintain and keep current written records regarding the basis for the choice or continued use of a particular eligible foreign custodian pursuant to this subparagraph, and such records shall be available for inspection by unitholders and the Securities and Exchange Commission at the Trustee’s offices at all reasonable times during its usual business hours. (5) Where the Trustee has determined that a foreign custodian may no longer be considered eligible under this subparagraph or that, pursuant to clause (3) above, continuance of the arrangement would not be consistent with the best interests of the Trust and the Unitholders, the Trust must withdraw its assets from the care of that custodian as soon as reasonably practicable, and in any event within 180 days of the date when the Trustee made the determination. As used in this subparagraph (II),