General Prohibitions. The Trust and each Fund, as applicable, shall not: (a) Borrow money from or loan money to any Unitholder (including the Sponsor); (b) Create, incur, assume or suffer to exist any lien, mortgage, pledge, conditional sale or other title retention agreement, charge, security interest or encumbrance, except (i) liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established, (ii) deposits or pledges to secure obligations under workmen’s compensation, social security or similar laws or under unemployment insurance, (iii) deposits or pledges to secure contracts (other than contracts for the payment of money), leases, statutory obligations, surety and appeal bonds and other obligations of like nature arising in the ordinary course of business, (iv) mechanic’s, warehousemen’s, carrier’s, workmen’s, materialmen’s or other like liens arising in the ordinary course of business with respect to obligations which are not due or which are being contested in good faith, and for which appropriate reserves have been established if required by generally accepted accounting principles, and liens arising under ERISA, or (v) the deposit of margin or collateral with respect to the initiation and maintenance of Commodity Contract positions; or (c) Operate the Trust or a Fund in any manner so as to contravene the requirements to preserve the limitation on inter-series liability set forth in Section 3804 of the Delaware Trust Statute.
Appears in 12 contracts
Samples: Trust Agreement (Amplify Commodity Trust), Trust Agreement (Amplify Commodity Trust), Trust Agreement (ETF Managers Group Commodity Trust I)
General Prohibitions. The Trust and each Fund, as applicable, shall not:
(a) Borrow money from or loan money to any Unitholder Shareholder (including the Sponsor);
(b) Create, incur, assume or suffer to exist any lien, mortgage, pledge, conditional sale or other title retention agreement, charge, security interest or encumbrance, except (i) liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established, (ii) deposits or pledges to secure obligations under workmen’s compensation, social security or similar laws or under unemployment insurance, (iii) deposits or pledges to secure contracts (other than contracts for the payment of money), leases, statutory obligations, surety and appeal bonds and other obligations of like nature arising in the ordinary course of business, (iv) mechanic’s, warehousemen’s, carrier’s, workmen’s, materialmen’s or other like liens arising in the ordinary course of business with respect to obligations which are not due or which are being contested in good faith, and for which appropriate reserves have been established if required by generally accepted accounting principles, and liens arising under ERISA, or (v) the deposit of margin or collateral with respect to the initiation and maintenance of Commodity Contract positions; or
(c) Operate the Trust or a Fund in any manner so as to contravene the requirements to preserve the limitation on inter-series liability set forth in Section 3804 of the Delaware Trust Statute.
Appears in 10 contracts
Samples: Trust Agreement (Tidal Commodities Trust I), Trust Agreement, Trust Agreement (Bitwise ETF Trust)
General Prohibitions. The Trust and each Fund, as applicable, shall not:
(a) Borrow money from or loan money to any Unitholder unitholder (including the Sponsor);
(b) Create, incur, assume or suffer to exist any lien, mortgage, pledge, conditional sale or other title retention agreement, charge, security interest or encumbrance, except (i) liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established, (ii) deposits or pledges to secure obligations under workmen’s compensation, social security or similar laws or under unemployment insurance, (iii) deposits or pledges to secure contracts (other than contracts for the payment of money), leases, statutory obligations, surety and appeal bonds and other obligations of like nature arising in the ordinary course of business, (iv) mechanic’s, warehousemen’s, carrier’s, workmen’s, materialmen’s or other like liens arising in the ordinary course of business with respect to obligations which are not due or which are being contested in good faith, and for which appropriate reserves have been established if required by generally accepted accounting principles, and liens arising under ERISA, or (v) the deposit of margin or collateral with respect to the initiation and maintenance of Commodity Contract positions; or
(c) Operate the Trust or a Fund in any manner so as to contravene the requirements to preserve the limitation on inter-series liability set forth in Section 3804 of the Delaware Trust Statute.
Appears in 3 contracts
Samples: Declaration of Trust and Trust Agreement (United States Commodity Index Funds Trust), Declaration of Trust and Trust Agreement (United States Commodity Index Funds Trust), Declaration of Trust and Trust Agreement (United States Commodity Index Funds Trust)
General Prohibitions. The Trust and each Fund, as applicable, Series shall not:
(a) Borrow money from or loan money to any Unitholder Interest Holder or other person, except that the foregoing is not intended to prohibit (including i) the Sponsor);deposit of margin with respect to the initiation and maintenance of the Trust's and Series Futures positions or (ii) a loan as described in Section 6.7 hereof; and
(b) Create, incur, assume or suffer to exist any lien, mortgage, pledge, conditional sale sales or other title retention agreement, charge, security interest or encumbranceencumbrance on the Trust Estate, except except
(i) the right and/or obligation of a Futures broker incurred in the ordinary course of business, (ii) liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established, (iiiii) deposits or pledges to secure obligations under workmen’s 's compensation, social security or similar laws or under unemployment insurance, (iiiiv) deposits or pledges to secure contracts (other than contracts for the payment of money), leases, statutory obligations, surety and appeal bonds and other obligations of like nature arising in the ordinary course of business, (ivv) mechanic’smechanics, warehousemen’s, carrier’scarriers, workmen’s, materialmen’s materialmens or other like liens arising in the ordinary course of business with respect to obligations which are not due or which are being contested in good faith, and for which appropriate reserves have been established if required by generally accepted accounting principles, and liens arising under ERISA, or ERISA and (vvi) the deposit of margin or collateral with respect to the initiation and maintenance of Commodity Contract positions; or
(c) Operate the Trust or a Fund in any manner so as to contravene the requirements to preserve the limitation on inter-series liability set forth permitted in Section 3804 of the Delaware Trust Statute2.4 hereof.
Appears in 1 contract
Samples: Declaration of Trust and Trust Agreement (MLM Index Fund)