Mutilated, Destroyed, Lost or Stolen Shares. If (a) any mutilated Global Certificate is surrendered to the Transfer Agent and Registrar, or the Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Global Certificate and (b) there is delivered to the Transfer Agent and Registrar and the Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Trustee that such Global Certificate has been acquired by a bona fide purchaser, the Depositor shall execute, the Trustee shall authenticate and the Transfer Agent and Registrar shall deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Global Certificate, a new Global Certificate of like tenor and aggregate beneficial interest. In connection with the issuance of any new Global Certificate under this Section 2.5(f), the Trustee or the Transfer Agent and Registrar may require the payment by the Registered Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Global Certificate issued pursuant to this Section 2.5(f) shall constitute complete and indefeasible evidence of ownership in the Up-MACRO Holding Trust, as if originally issued, whether or not the lost, stolen or destroyed Global Certificate shall be found at any time.
Appears in 13 contracts
Samples: Third Amended and Restated Macroshares Oil Up Holding Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Third Amended and Restated Macroshares Oil Up Holding Trust Agreement (Claymore MACROshares Oil Up Holding Trust), Macroshares Oil Up Holding Trust Agreement (Claymore MACROshares Oil Down Holding Trust)
Mutilated, Destroyed, Lost or Stolen Shares. If (a) any mutilated Global Certificate is surrendered to the Transfer Agent and Registrar, or the Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Global Certificate and (b) there is delivered to the Transfer Agent and Registrar and the Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Trustee that such Global Certificate has been acquired by a bona fide purchaser, the Depositor shall execute, the Trustee shall authenticate and the Transfer Agent and Registrar shall deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Global Certificate, a new Global Certificate of like tenor and aggregate beneficial interest. In connection with the issuance of any new Global Certificate under this Section 2.5(f), the Trustee or the Transfer Agent and Registrar may require the payment by the Registered Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Global Certificate issued pursuant to this Section 2.5(f) shall constitute complete and indefeasible evidence of ownership in the UpDown-MACRO Holding Trust, as if originally issued, whether or not the lost, stolen or destroyed Global Certificate shall be found at any time.
Appears in 12 contracts
Samples: Third Amended and Restated Macroshares Oil Down Holding Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Macroshares Oil Down Holding Trust Agreement (Claymore MACROshares Oil Up Holding Trust), Macroshares Oil Down Holding Trust Agreement (Claymore MACROshares Oil Down Holding Trust)
Mutilated, Destroyed, Lost or Stolen Shares. If (a) any mutilated Global Certificate is surrendered to the Transfer Agent and Registrar, or the Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Global Certificate and (b) there is delivered to the Transfer Agent and Registrar and the Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Trustee that such Global Certificate has been acquired by a bona fide purchaser, the Depositor shall execute, the Trustee shall authenticate and the Transfer Agent and Registrar shall deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Global Certificate, a new Global Certificate of like tenor and aggregate beneficial interest. In connection with the issuance of any new Global Certificate under this Section 2.5(f), the Trustee or the Transfer Agent and Registrar may require the payment by the Registered Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Global Certificate issued pursuant to this Section 2.5(f) shall constitute complete and indefeasible evidence of ownership in the Up-MACRO Holding Up Trust, as if originally issued, whether or not the lost, stolen or destroyed Global Certificate shall be found at any time.
Appears in 10 contracts
Samples: Trust Agreement, Trust Agreement (MACRO Securities Depositor, LLC), Macroshares Major Metro Housing Up Trust Agreement (MacroShares Major Metro Housing Up Trust)
Mutilated, Destroyed, Lost or Stolen Shares. If (a) any mutilated Global Certificate is surrendered to the Transfer Agent and Registrar, or the Transfer Agent and Registrar receives evidence to its satisfaction of the destruction, loss or theft of any Global Certificate and (b) there is delivered to the Transfer Agent and Registrar and the Trustee such security or indemnity as may be required by them to save each of them harmless, then in the absence of notice to the Trustee that such Global Certificate has been acquired by a bona fide purchaser, the Depositor shall execute, the Trustee shall authenticate and the Transfer Agent and Registrar shall deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Global Certificate, a new Global Certificate of like tenor and aggregate beneficial interest. In connection with the issuance of any new Global Certificate under this Section 2.5(f), the Trustee or the Transfer Agent and Registrar may require the payment by the Registered Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Trustee and the Transfer Agent and Registrar) connected therewith. Any duplicate Global Certificate issued pursuant to this Section 2.5(f) shall constitute complete and indefeasible evidence of ownership in the Up-MACRO Holding Down Trust, as if originally issued, whether or not the lost, stolen or destroyed Global Certificate shall be found at any time.
Appears in 7 contracts
Samples: Macroshares $100 Oil Down Trust Agreement (MacroShares $100 Oil Down Trust), Macroshares Major Metro Housing Down Trust Agreement (MacroShares Major Metro Housing Down Trust), Macroshares Oil Down Trust Agreement (MacroShares $100 Oil Down Trust)