Common use of Marketing Materials; Representations Regarding Shares; Identification in Registration Statement Clause in Contracts

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it will not, in connection with any sale or solicitation of a sale of Shares, make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party other than representations not inconsistent with (A) the then-current Prospectus of the Trust, (B) printed information approved by the Sponsor as information supplemental to such Prospectus or (C) any promotional materials or sales literature furnished to the Authorized Participant by the Sponsor, and (ii) the Authorized Participant will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or any AP Indemnified Party that are inconsistent with the Trust’s then-current Prospectus. Copies of the then-current Prospectus of the Trust and any such printed supplemental information will be supplied by the Sponsor to the Authorized Participant in reasonable quantities upon request.

Appears in 7 contracts

Samples: Participant Agreement (Cotwo Advisors Physical European Carbon Allowance Trust), Authorized Participant Agreement, Trust Authorized Participant Agreement (Vs Trust)

AutoNDA by SimpleDocs

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it ), without the written consent of the Sponsor, the Authorized Participant will not, in connection with any sale or solicitation of a sale of Shares, not make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party other than representations not inconsistent with contained (A) in the then-current Prospectus of the Trust, (B) in printed information approved by the Sponsor as information supplemental to such Prospectus or (C) in any promotional materials or sales literature furnished to the Authorized Participant by the Sponsor, and (ii) the Authorized Participant will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or Shares, any AP Indemnified Party Person or the Trust that are inconsistent not consistent with the Trust’s then-'s then current Prospectus. Copies of the then-then current Prospectus of the Trust and any such printed supplemental information will be supplied by the Sponsor to the Authorized Participant in reasonable quantities upon request.

Appears in 5 contracts

Samples: Participant Agreement, Participant Agreement (Euro Currency Trust), Participant Agreement (streetTRACKS GOLD TRUST)

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it ), without the written consent of the Managing Owner, the Authorized Participant will not, in connection with any sale or solicitation of a sale of Shares, not make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party other than representations not inconsistent with contained (A) in the then-current Prospectus of the Trust, (B) in printed information approved by the Sponsor Managing Owner as information supplemental to such Prospectus or (C) in any promotional materials or sales literature furnished to the Authorized Participant by the SponsorManaging Owner, and (ii) the Authorized Participant will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or Shares, any AP Indemnified Party Person or the Trust that are inconsistent not consistent with the Trust’s then-then current Prospectus. Copies of the then-then current Prospectus of the Trust and any such printed supplemental information will be supplied by the Sponsor Managing Owner to the Authorized Participant in reasonable quantities upon request.

Appears in 4 contracts

Samples: Participant Agreement, Participant Agreement (DB Commodity Index Tracking Master Fund), Participant Agreement (Db Currency Index Value Master Fund)

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it ), without the written consent of the Sponsor, the Authorized Participant will not, in connection with any sale or solicitation of a sale of Shares, not make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party other than representations not inconsistent with contained (A) in the then-current Prospectus of the Trust, (B) in printed information approved by the Sponsor as information supplemental to such Prospectus or (C) in any promotional materials or sales literature furnished to the Authorized Participant by the Sponsor, and (ii) the Authorized Participant will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or Shares, any AP Indemnified Party Person or the Trust that are inconsistent not consistent with the Trust’s then-then current Prospectus. Copies of the then-then current Prospectus of the Trust and any such printed supplemental information will be supplied by the Sponsor to the Authorized Participant in reasonable quantities upon request.

Appears in 4 contracts

Samples: Participant Agreement (SPDR Gold Trust), Participant Agreement (SPDR Gold Trust), Participant Agreement (SPDR Gold Trust)

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it ), without the written consent of the Managing Owner, the Authorized Participant will not, in connection with any sale or solicitation of a sale of Shares, not make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party other than representations not inconsistent with contained (A) in the then-current Prospectus of the Trust, (B) in printed information approved by the Sponsor Managing Owner as information supplemental to such Prospectus or (C) in any promotional materials or sales literature furnished to the Authorized Participant by the SponsorManaging Owner, and (ii) the Authorized Participant will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or Shares, any AP Indemnified Party Person, any Fund or the Trust that are inconsistent not consistent with the Trust’s then-then current Prospectus. Copies of the then-then current Prospectus of the Trust and any such printed supplemental information will be supplied by the Sponsor Managing Owner to the Authorized Participant in reasonable quantities upon request.

Appears in 4 contracts

Samples: Participant Agreement, Participant Agreement (PowerShares DB US Dollar Index Bullish Fund), Participant Agreement (DB US Dollar Index Master Trust)

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it ), without the written consent of the Managing Owner, the Authorized Participant will not, in connection with any sale or solicitation of a sale of Shares, not make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party other than representations not inconsistent with contained (A) in the then-current Prospectus of the Trust, (B) in printed information approved by the Sponsor Managing Owner as information supplemental to such Prospectus or (C) in any promotional materials or sales literature furnished to the Authorized Participant by the SponsorManaging Owner, and (ii) the Authorized Participant will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or Shares, any AP Indemnified Party Person, the Fund or the Trust that are inconsistent not consistent with the Trust’s then-then current Prospectus. Copies of the then-then current Prospectus of the Trust and any such printed supplemental information will be supplied by the Sponsor Managing Owner to the Authorized Participant in reasonable quantities upon request.

Appears in 3 contracts

Samples: Fund Participant Agreement (DB US Dollar Index Master Trust), Participant Agreement (DB Multi-Sector Commodity Trust), Participant Agreement (DB Multi-Sector Commodity Master Trust)

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it will not), in connection with any sale or solicitation without the written consent of a sale of Sharesthe Managing Owner, the Authorized Participant shall not make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party other than representations not inconsistent with contained (A) in the then-current Prospectus of the TrustProspectus, (B) in printed information approved by the Sponsor Managing Owner as information supplemental to such Prospectus or (C) in any promotional materials or sales literature furnished to the Authorized Participant by the SponsorDistributor or the Managing Owner, and (ii) the Authorized Participant will shall not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or Shares, any AP Indemnified Party Person or the Trusts that are inconsistent not consistent with the Trust’s then-Trusts’ then current Prospectus. Copies of the then-then current Prospectus of the Trust and any such printed supplemental information will be supplied by by, or caused to be supplied by, the Sponsor Distributor to the Authorized Participant in reasonable quantities upon request.

Appears in 3 contracts

Samples: Authorized Participant Agreement (ETF Managers Group Commodity Trust I), Authorized Participant Agreement (ETF Managers Group Commodity Trust I), Form of Participant Agreement (FactorShares S&P Gold Premium)

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it will not, in connection with any sale or solicitation of a sale of Shares, make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party other than representations not inconsistent with (A) the applicable then-current Prospectus of the Trust, (B) printed information approved by the Sponsor as information supplemental to such Prospectus or (C) any promotional materials or sales literature furnished to the Authorized Participant by the Sponsor, and (ii) the Authorized Participant will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or any AP Indemnified Party that are inconsistent with the Trust’s applicable then-current Prospectus. Copies of the applicable then-current Prospectus of the Trust and any such printed supplemental information will be supplied by the Sponsor to the Authorized Participant in reasonable quantities upon request.

Appears in 2 contracts

Samples: Authorized Participant Agreement (ProShares Trust II), Authorized Participant Agreement (ProShares Trust II)

AutoNDA by SimpleDocs

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it will not), in connection with any sale or solicitation without the written consent of a sale of Sharesthe Managing Owner, the Authorized Participant shall not make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party other than representations not inconsistent with contained (A) in the then-current Prospectus of the Trust, (B) in printed information approved by the Sponsor Managing Owner as information supplemental to such Prospectus or (C) in any promotional materials or sales literature furnished to the Authorized Participant by the SponsorManaging Owner, and (ii) the Authorized Participant will shall not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or Shares, any AP Indemnified Party Person or the Trust that are inconsistent not consistent with the Trust’s then-then current Prospectus. Copies of the then-then current Prospectus of the Trust and any such printed supplemental information will be supplied by the Sponsor Managing Owner to the Authorized Participant in reasonable quantities upon request.

Appears in 2 contracts

Samples: Participant Agreement (Jefferies Commodity Real Return ETF), Participant Agreement (Jefferies S&P 500 VIX Short-Term Futures ETF)

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it will not, in connection with any sale or solicitation of a sale of Shares, make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party (as defined below) other than representations not inconsistent with (A) the then-current Prospectus of the TrustFund, (B) printed information approved by the Sponsor as information supplemental to such Prospectus or (C) any promotional materials or sales literature furnished to the Authorized Participant by the Sponsor, and (ii) the Authorized Participant will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or any AP Indemnified Party that are inconsistent with the TrustFund’s then-current Prospectus. Copies of the then-current Prospectus of the Trust and any such printed supplemental information will be supplied by the Sponsor Sponsor, or its designee, to the Authorized Participant in reasonable quantities upon request.

Appears in 2 contracts

Samples: Authorized Participant Agreement (GreenHaven Coal Fund), Authorized Participant Agreement (Greenhaven Coal Index Fund)

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it will not, in connection with any sale or solicitation of a sale of Shares, make, or permit any of its representatives to make, any representations concerning the Shares or any AP Authorized Participant Indemnified Party other than representations not inconsistent with (A) the then-current Prospectus of the Trust, (B) printed information approved by the Sponsor as information supplemental to such Prospectus or (C) any promotional materials or sales literature furnished to the Authorized Participant by the Sponsor, and (ii) the Authorized Participant will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or any AP Authorized Participant Indemnified Party that are inconsistent with the Trust’s then-current Prospectus. Copies of the then-current Prospectus of the Trust and any such printed supplemental information will be supplied by the Sponsor to the Authorized Participant in reasonable quantities upon request.

Appears in 1 contract

Samples: Authorized Participant Agreement (ETFS Collateralized Commodities Trust)

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it will not, in connection with any sale or solicitation of a sale of Shares, make, or permit any of its representatives to make, any representations concerning the Shares or any AP Authorized Participant Indemnified Party other than representations not inconsistent with (A) the then-current Prospectus of the Trust, (B) printed information approved by the Sponsor as information supplemental to such Prospectus or (C) any promotional materials or sales literature furnished to the Authorized Participant by the Sponsor, and (ii) the Authorized Participant it will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or any AP Authorized Participant Indemnified Party that are inconsistent with the Trust’s then-current Prospectus. Copies of the then-current Prospectus of the Trust and any such printed supplemental information will be supplied by the Sponsor to the Authorized Participant in reasonable quantities upon request.

Appears in 1 contract

Samples: Trust Authorized Participant Agreement (ETFS Collateralized Commodities Trust)

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i) it ), without the written consent of the Managing Owner, the Authorized Participant will not, in connection with any sale or solicitation of a sale of Shares, not make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party other than representations not inconsistent with contained (A) in the then-current Prospectus of the Trust, (B) in printed information approved by the Sponsor Managing Owner as information supplemental to such Prospectus or (C) in any promotional materials or sales literature furnished to the Authorized Participant by the SponsorManaging Owner, and (ii) the Authorized Participant will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares or Shares, any AP Indemnified Party Person or the Trust that are inconsistent not consistent with the Trust’s then-'s then current Prospectus. Copies of the then-then current Prospectus of the Trust and any such printed supplemental information will be supplied by the Sponsor Managing Owner to the Authorized Participant in reasonable quantities upon request.

Appears in 1 contract

Samples: Fund Participant Agreement (DB Commodity Index Tracking Master Fund)

Time is Money Join Law Insider Premium to draft better contracts faster.