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), without the written consent of the 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 contained (A) in the then-current Prospectus, (B) in printed information approved by the Managing Owner as information supplemental to such Prospectus, (C) in any promotional materials or sales literature furnished to the Authorized Participant by the Distributor or the Managing Owner, or (D) other information and materials filed by a Trust with the SEC or made available on any website controlled Managing Owner or the applicable Trust, and (ii) the Authorized Participant shall not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares, any AP Indemnified Person or the Trusts that are not consistent with the Trusts’ then current Prospectus. Copies of the then current Prospectus and any such printed supplemental information or amendments thereto will be supplied by, or caused to be supplied by, the Distributor to the Authorized Participant in reasonable quantities upon request.

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The a)The Authorized Participant represents, warrants and covenants that (i), ) without the written consent of the Managing Owner, the Authorized Participant shall will not make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party other than representations contained (A) in the then-current Prospectus, (B) in printed information approved by the Managing Owner as information supplemental to such Prospectus, Prospectus or (C) in any promotional materials or sales literature furnished to the Authorized Participant by the Distributor or the Managing Owner, or (D) other information and materials filed by a Trust with the SEC or made available on any website controlled Managing Owner or the applicable Trust, and (ii) the Authorized Participant shall will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares, any AP Indemnified Person or the Trusts Trust that are not consistent with the Trusts’ then Trust’s then-current Prospectus. Copies The then-current Prospectus of the then Trust will be available on the Trust’s website and on the SEC’s Next-Generation EXXXX System and copies of the then-current Prospectus and any such printed supplemental information or amendments thereto will be supplied by, or caused to be supplied by, by the Distributor Managing Owner to the Authorized Participant in reasonable quantities upon request.

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i), ) without the written consent of the Managing Owner, the Authorized Participant shall will not make, or permit any of its representatives to make, any representations concerning the Shares or any AP Indemnified Party other than representations contained (A) in the then-current Prospectus, (B) in printed information approved by the Managing Owner as information supplemental to such Prospectus, Prospectus or (C) in any promotional materials or sales literature furnished to the Authorized Participant by the Distributor or the Managing Owner, or (D) other information and materials filed by a Trust with the SEC or made available on any website controlled Managing Owner or the applicable Trust, and (ii) the Authorized Participant shall will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares, any AP Indemnified Person or the Trusts Trust that are not consistent with the Trusts’ then Trust’s then-current Prospectus. Copies The then-current Prospectus of the then Trust will be available on the Trust’s website and on the SEC’s Next-Generation XXXXX System and copies of the then-current Prospectus and any such printed supplemental information or amendments thereto will be supplied by, or caused to be supplied by, by the Distributor Managing Owner to the Authorized Participant in reasonable quantities upon request.

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i), ) without the written consent of the Managing OwnerSponsor, 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 contained (A) in the then-current ProspectusRegistration Statement, (B) in printed information approved by the Managing Owner Sponsor as information supplemental to such Prospectus, Registration Statement or (C) in any promotional materials or sales literature furnished to the Authorized Participant by the Distributor or the Managing OwnerSponsor (each of (B) and (C) referred to herein as “Marketing Materials”), or (D) other information and materials filed by a the Trust with the SEC or made available on any website controlled Managing Owner Sponsor or the applicable Trust, and (ii) the Authorized Participant shall not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares, any AP Indemnified Person or the Trusts Trust that are not consistent with the Trusts’ Trust’s then current ProspectusRegistration Statement. The foregoing shall apply to (i) written materials of any kind which relate to asset allocation or strategic or economic matters that generally mention the Trust without recommending or describing the Trust; (ii) materials prepared and used for the Authorized Participant’s internal use only; (iii) brokerage communications prepared by the Authorized Participant in the normal course of its business; and (iv) research reports as described in Section 12(b) of this Agreement ((i) through (iv) of this Section 4(c) are hereinafter referred to as “Excluded Materials”). Copies of the then current Prospectus Registration Statement and any such printed supplemental information or amendments thereto will be supplied by, or caused to be supplied by, by the Distributor Sponsor to the Authorized Participant in reasonable quantities upon request.

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i)that, without the written consent of the Managing Owner, the Authorized Participant shall not (i) 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 contained not inconsistent with (A) in the then-current ProspectusProspectus of the applicable Fund, (B) in printed information approved by the Managing Owner as information supplemental to such Prospectus, (C) in any promotional materials or sales literature furnished to the Authorized Participant by the Distributor or the Managing Owner, or (D) other information and materials filed by a the Trust with the SEC or made available on any website controlled by the Managing Owner or the applicable TrustFund, and (ii) the Authorized Participant shall will not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares, any AP Indemnified Person Party, any Fund or the Trusts Trust that are not consistent inconsistent with the Trusts’ then Fund’s then-current Prospectus. Copies of the then then-current Prospectus of the Funds and any such printed supplemental information or amendments thereto will be supplied by, or caused to be supplied by, the Distributor Managing Owner to the Authorized Participant in reasonable quantities upon request.

Marketing Materials; Representations Regarding Shares; Identification in Registration Statement. (a) The Authorized Participant represents, warrants and covenants that (i), ) without the written consent of the Managing OwnerSponsor, 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 contained (A) in the then-current ProspectusRegistration Statement, (B) in printed information approved by the Managing Owner Sponsor as information supplemental to such Prospectus, Registration Statement’ (C) the applicable prospectus or (D) in any promotional materials or sales literature furnished to the Authorized Participant by the Distributor or the Managing OwnerSponsor (each of (B) and (C) referred to herein as “Marketing Materials”), or (D) other information and materials filed by a the Trust with the SEC or made available on any website controlled Managing Owner Sponsor or the applicable Trust, and (ii) the Authorized Participant shall not furnish or cause to be furnished to any person or display or publish any information or material relating to the Shares, any AP Indemnified Person or the Trusts Trust that are not consistent with the Trusts’ Trust’s then current ProspectusRegistration Statement. The foregoing shall not apply to (i) written materials of any kind which relate to asset allocation or strategic or economic matters that generally mention the Trust without recommending or describing the Trust; (ii) materials prepared and used for the Authorized Participant’s internal use only; (iii) brokerage communications prepared by the Authorized Participant in the normal course of its business; and (iv) research reports as described in Section 12(b) of this Agreement ((i) through (iv) of this Section 12(a) are hereinafter referred to as “Excluded Materials”). Copies of the then current Prospectus Registration Statement and any such printed supplemental information or amendments thereto will be supplied by, or caused to be supplied by, by the Distributor Sponsor to the Authorized Participant in reasonable quantities upon request.