Common use of No Management or Control; Limited Liability; Exercise of Rights through DTC Clause in Contracts

No Management or Control; Limited Liability; Exercise of Rights through DTC. The Limited Owners shall not participate in the management or control of the Trust’s business nor shall they transact any business for the Trust or have the power to sign for or bind the Trust, said power being vested solely and exclusively in the Managing Owner. Except as provided in Section 8.3 hereof, no Limited Owner shall be bound by, or be personally liable for, the expenses, liabilities or obligations of the Trust in excess of its Capital Contribution plus its share of the Trust Estate and profits remaining, if any. Except as provided in Section 8.3 hereof, each Unit owned by a Limited Owner shall be fully paid and no assessment shall be made against any Limited Owner. No salary shall be paid to any Limited Owner in its capacity as a Limited Owner, nor shall any Limited Owner have a drawing account or earn interest on its Capital Contribution. By the purchase and acceptance or other lawful delivery and acceptance of Units, each Beneficial Owner shall be deemed to be a Limited Owner and beneficiary of the Trust and vested with beneficial undivided interest in the Trust to the extent of the Units owned beneficially by such Beneficial Owner, subject to the terms and conditions of this Trust Agreement. The rights of Beneficial Owners under this Trust Agreement must be exercised by Direct Participants, or Indirect Participants, as applicable, acting on their behalf in accordance with the rules and procedures of the Depository, as provided in Section 3.5. 39

Appears in 1 contract

Samples: Trust and Trust Agreement (FactorShares 2X: TBond Bull/S&p500 Bear)

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No Management or Control; Limited Liability; Exercise of Rights through DTC. The Limited Owners shall not participate in the management or control of the Trust’s or any of the Fund’s business nor shall they transact any business for the Trust or any Fund or have the power to sign for or bind the TrustTrust or any Fund, said power being vested solely and exclusively in the Managing Owner. Except as provided in Section 8.3 hereof, no Limited Owner shall be bound by, or be personally liable for, the expenses, liabilities or obligations of the Trust or any Fund in excess of its Capital Contribution plus its share of the applicable Trust Estate and profits remaining, if any. Except as provided in Section 8.3 hereof, each Unit owned by a Limited Owner shall be fully paid and no assessment shall be made against any Limited Owner. No salary shall be paid to any Limited Owner in its capacity as a Limited Owner, nor shall any Limited Owner have a drawing account or earn interest on its Capital Contribution. By the purchase and acceptance or other lawful delivery and acceptance of Units, each Beneficial Owner shall be deemed to be a Limited Owner and beneficiary of the Trust applicable Fund and vested with beneficial undivided interest in the Trust such Fund to the extent of the Units owned beneficially by such Beneficial Owner, subject to the terms and conditions of this Trust Agreement. The rights of Beneficial Owners under this Trust Agreement must be exercised by Direct Participants, or Indirect Participants, as applicable, acting on their behalf in accordance with the rules and procedures of the Depository, as provided in Section 3.5. 39.

Appears in 1 contract

Samples: Trust Agreement (STREAM S&P Dynamic Roll Global Commodities Fund)

No Management or Control; Limited Liability; Exercise of Rights through DTC. The Limited Owners shall not participate in the management or control of the Trust’s 's business nor shall they transact any business for the Trust or have the power to sign for or bind the Trust, said power being vested solely and exclusively in the Managing OwnerSponsor. Except as provided in Section 8.3 hereof, no Limited Owner shall be bound by, or be personally liable for, the expenses, liabilities or obligations of the Trust in excess of its Capital Contribution plus its share of the Trust Estate and profits remainingEstate, if anyincluding undistributed profits. Except as provided in Section 8.3 hereof, each Unit Limited Share owned by a Limited Owner shall be fully paid and no assessment shall be made against any Limited Owner. No salary shall be paid to any Limited Owner in its capacity as a Limited Owner, nor shall any Limited Owner have a drawing account or earn interest on its Capital Contribution. By the purchase and acceptance or other lawful delivery and acceptance of UnitsLimited Shares, each Beneficial Limited Owner shall be deemed to be a Limited Owner and beneficiary of the Trust and vested with a beneficial undivided interest in the Trust to the extent of the Units Limited Shares owned beneficially by such Beneficial Limited Owner, subject to the terms and conditions of this Trust Agreement. The rights of Beneficial Limited Owners under this Trust Agreement must be exercised by DTC acting on behalf of its Direct Participants, or Indirect ParticipantsParticipants and ultimate Beneficial Owners, as applicable, acting on their behalf in accordance with the rules and procedures of the Depository, as provided in Section 3.5. 393.4.

Appears in 1 contract

Samples: Declaration of Trust and Trust Agreement (AirShares(TM) EU Carbon Allowances Fund)

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No Management or Control; Limited Liability; Exercise of Rights through DTC. The Limited Owners Shareholders shall not participate in the management or control of the Trust’s business nor shall they transact any business for the Trust or have the power to sign for or bind the Trust, said power being vested solely and exclusively in the Managing OwnerSponsor. Except as provided in Section 8.3 hereof7.03, no Limited Owner Shareholder shall be bound by, or be personally liable for, the expenses, liabilities or obligations of the Trust in excess of its Capital Contribution plus its share of the any Trust Estate in which such Shareholder owns a Share and profits remainingthe Trust’s remaining profits, if any. Except as provided in Section 8.3 hereof7.03, each Unit Share owned by a Limited Owner Shareholder shall be fully paid and no assessment shall be made against any Limited OwnerShareholder. No salary shall be paid to any Limited Owner Shareholder in its capacity as a Limited OwnerShareholder, nor shall any Limited Owner Shareholder have a drawing account or earn interest on its Capital Contributioncontribution. By the purchase and acceptance or other lawful delivery and acceptance of UnitsShares, each Beneficial Owner shall be deemed to be a Limited Owner Shareholder and beneficiary of the Trust and vested with beneficial undivided interest in the Trust to the extent of the Units Shares owned beneficially by such Beneficial Owner, subject to the terms and conditions of this Trust Agreement. The rights of Beneficial Owners under this Trust Agreement must be exercised by Direct Participants, or Indirect Participants, as applicable, DTC Participants acting on their behalf in accordance with the rules and procedures of the Depository, as provided in Section 3.5. 393.03.

Appears in 1 contract

Samples: Trust Agreement (Greenhaven Coal Index Fund)

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