Grantor Trust. Nothing in this Agreement, any agreement with a Custodian, or otherwise, shall be construed to give the Trustee the power to vary the investment of the Beneficial Owners within the meaning of Section 301.7701-4(c) under the Code or any similar or successor provision of the regulations under the Code, nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, the Trustee shall not be liable to any Person for any failure of the Trust to qualify as a grantor trust under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 12 contracts
Sources: Depositary Trust Agreement (iShares Gold Trust Micro), Depositary Trust Agreement, Depositary Trust Agreement (iShares Gold Trust Micro)
Grantor Trust. Nothing in this Agreement, any agreement with a Custodian, or otherwise, shall be construed to give the Trustee the power to vary the investment of the Beneficial Registered Owners within the meaning of Section 301.7701-4(c) under the Internal Revenue Code of 1986, as amended (the “Code”) or any similar or successor provision of the regulations under the Code, nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, the Trustee shall not be liable to any Person for any failure of the Trust to qualify as a grantor trust under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 12 contracts
Sources: Depositary Trust Agreement, Depositary Trust Agreement (Ishares Comex Gold Trust), Depositary Trust Agreement (ETFS Platinum Trust)
Grantor Trust. Nothing in this Agreement, any agreement with a CustodianCustody Agreement, or otherwise, otherwise shall be construed to give the Trustee the power to vary the investment of the Beneficial Owners (within the meaning of Treasury Regulation Section 301.7701-4(c) under the Code or any similar or successor provision of the regulations under the Code), nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, Neither the Trustee nor the Sponsor shall not be liable to any Person for any failure of the Trust to qualify as a “grantor trust trust” under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s or the Sponsor’s responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 7 contracts
Sources: Depositary Trust Agreement (GraniteShares Gold MiniBAR Trust), Depositary Trust Agreement (GraniteShares Platinum Trust), Depositary Trust Agreement (GraniteShares Platinum Trust)
Grantor Trust. Nothing in this Trust Agreement, any agreement with a CustodianCustody Agreement, the Sponsor Agreement or otherwise, otherwise shall be construed to give the Trustee or Sponsor the power to vary the investment of the Beneficial Owners Shareholders (within the meaning of Section Treasury Regulation section 301.7701-4(c) under the Code or any similar or successor provision of the regulations under the Code), nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial OwnersShareholders. However, Neither the Trustee nor the Sponsor shall not be liable to any Person for any failure of the Trust or Series thereof to qualify as a “grantor trust trust” under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s or Sponsor’s responsibility for the administration of the Trust in accordance with this Trust Agreement.
Appears in 7 contracts
Sources: Agreement and Declaration of Trust (Franklin Solana Trust), Agreement and Declaration of Trust (Franklin Solana Trust), Agreement and Declaration of Trust (Franklin Ethereum Trust)
Grantor Trust. Nothing in this Agreement, any agreement with a Custodian, or otherwise, shall be construed to give the Trustee the power to vary the investment of the Beneficial Registered Owners within the meaning of Section 301.7701-4(c) under the Internal Revenue Code of 1986, as amended (the "Code") or any similar or successor provision of the regulations under the Code, nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, the Trustee shall not be liable to any Person for any failure of the Trust to qualify as a grantor trust under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s 's responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 5 contracts
Sources: Depositary Trust Agreement (Ishares Comex Gold Trust), Depositary Trust Agreement (Ishares Comex Gold Trust), Depositary Trust Agreement (Ishares Comex Gold Trust)
Grantor Trust. Nothing in this Agreement, any agreement with a Custodian, or otherwise, shall be construed to give the Trustee the power to vary the investment of the Beneficial Owners within the meaning of Section 301.7701-4(c) under the Internal Revenue Code of 1986, as amended (the “Code”) or any similar or successor provision of the regulations under the Code, nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, the Trustee shall not be liable to any Person for any failure of the Trust to qualify as a grantor trust under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 4 contracts
Sources: Depositary Trust Agreement (Ishares Gold Trust), Depositary Trust Agreement (Ishares Gold Trust), Depositary Trust Agreement (Ishares Gold Trust)
Grantor Trust. Nothing in this Agreement, any agreement with a CustodianCustody Agreement, or otherwise, otherwise shall be construed to give the Trustee the power to vary the investment of the Beneficial Owners (within the meaning of Section Treasury regulation section 301.7701-4(c) under the Code or any similar or successor provision of the regulations under the Code), nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, Neither the Trustee nor the Sponsor shall not be liable to any Person for any failure of the Trust to qualify as a “grantor trust trust” under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s or Sponsor’s responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 4 contracts
Sources: Depositary Trust Agreement (Merk Gold Trust), Depositary Trust Agreement (Merk Gold Trust), Depositary Trust Agreement (Merk Gold Trust)
Grantor Trust. Nothing in this Agreement, any agreement with a Custodian, or otherwise, shall be construed to give the Trustee the power to vary the investment of the Beneficial Owners within the meaning of Code of Federal Regulations Section 301.7701-4(c) under the Internal Revenue Code of 1986, as amended (the “Code”) or any similar or successor provision of the regulations under the Code, nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, the Trustee shall not be liable to any Person for any failure of the Trust to qualify as a grantor trust under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 2 contracts
Sources: Depositary Trust Agreement (iShares Copper Trust), Depositary Trust Agreement (iShares Copper Trust)
Grantor Trust. Nothing in this Agreement, any agreement with a Custodian, or otherwise, shall be construed to give the Trustee the power to vary the investment of the Beneficial Owners within the meaning of Section 301.7701-4(c) under the Internal Revenue Code of 1986, as amended (the "Code") or any similar or successor provision of the regulations under the Code, nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, the Trustee shall not be liable to any Person for any failure of the Trust to qualify as a grantor trust under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s 's responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 2 contracts
Sources: Depositary Trust Agreement (iShares Silver Trust), Depositary Trust Agreement (iShares Silver Trust)
Grantor Trust. Nothing in this Agreement, any agreement with a Custodianthe Custody Agreement, or otherwise, otherwise shall be construed to give the Trustee the power to vary the investment of the Beneficial Owners (within the meaning of Section Treasury regulation section 301.7701-4(c) under the Code or any similar or successor provision of the regulations under the Code), nor shall the a Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, Neither the Trustee nor a Sponsor shall not be liable to any Person for any failure of the Trust to qualify as a “grantor trust trust” under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s or a Sponsor’s responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 2 contracts
Sources: Depository Trust Agreement (Perth Mint Physical Gold ETF), Depository Trust Agreement (Perth Mint Physical Gold ETF)
Grantor Trust. Nothing in this Agreement, any agreement with a Custodian, or otherwise, shall be construed to give the Trustee the power to vary the investment of the Beneficial Owners within the meaning of Section 301.7701-4(c301.7701‑4(c) under the Code or any similar or successor provision of the regulations under the Code, nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, the Trustee shall not be liable to any Person for any failure of the Trust to qualify as a grantor trust under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 2 contracts
Sources: Depositary Trust Agreement (iShares Gold Trust Micro), Depositary Trust Agreement (iShares Gold Trust Micro)
Grantor Trust. Nothing in this Agreement, any agreement with a CustodianDepository, or otherwise, shall be construed to give the Trustee the power to vary the investment of the Beneficial Owners within the meaning of Section 301.7701-4(c) under the Code or any similar or successor provision of the regulations under the Code, nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, the Trustee shall not be liable to any Person for any failure of the Trust to qualify as a grantor trust under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s 's responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 1 contract
Grantor Trust. Nothing in this Agreement, any agreement with a Custodian, or otherwise, shall be construed to give the Trustee the power to vary the investment of the Beneficial Registered Owners within the meaning of Section 301.7701-4(c301.7701 -4(c) under the Internal Revenue Code of 1986, as amended (the “Code”) or any similar or successor provision of the regulations under the Code, nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, the Trustee shall not be liable to any Person for any failure of the Trust to qualify as a grantor trust under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 1 contract
Grantor Trust. Nothing in this Agreement, or any agreement with a Custodianany other Person, or otherwise, shall be construed to give the Trustee Trustee, the Sponsor or any other Person the power to vary the investment of the Beneficial Owners within the meaning of Treasury Regulations Section 301.7701-4(c) under the Code or any similar or successor provision of the Treasury regulations or under the Code, nor shall the Sponsor give Trustee ,the Trustee Sponsor, or any direction other Person execute any action that would vary the investment of the Beneficial Owners. However, the Trustee The Sponsor shall not be liable to any Person for any failure of the Trust to qualify as a grantor trust Trust under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the TrusteeSponsor’s responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 1 contract
Sources: Trust Agreement (J.P. Morgan Physical Copper Trust)
Grantor Trust. Nothing in this Agreement, any agreement with a Custodianthe Custody Agreement, or otherwise, otherwise shall be construed to give the Trustee the power to vary the investment of the Beneficial Owners (within the meaning of Section Treasury regulation section 301.7701-4(c) under the Code or any similar or successor provision of the regulations under the Code), nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, Neither the Trustee nor Sponsor shall not be liable to any Person for any failure of the Trust to qualify as a “grantor trust trust” under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s or Sponsor’s responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 1 contract
Sources: Depository Trust Agreement (Goldman Sachs Physical Gold ETF)
Grantor Trust. Nothing in this Agreement, any agreement with a Custodian, or otherwise, shall be construed to give the Trustee the power to vary the investment of the Beneficial Owners within the meaning of Section 301.7701-4(c) under the Code or any similar or successor provision of the regulations under the Code, nor shall the Sponsor give the Trustee any direction that would vary the investment of the Beneficial Owners. However, the Trustee shall not be liable to any Person for any failure of the Trust to qualify as a grantor trust under the Code or any comparable provision of the laws of any State or other jurisdiction where that treatment is sought, except that this sentence shall not limit the Trustee’s responsibility for the administration of the Trust in accordance with this Agreement.
Appears in 1 contract