Common use of Non-Petition Covenant; No Proceedings Clause in Contracts

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Administrative Agent, the Marketing Agents and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the Up-MACRO Tradeable Trust, acquiesce in, petition for or otherwise invoke or cause the Up-MACRO Tradeable Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the Up-MACRO Tradeable Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Up-MACRO Tradeable Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the Up-MACRO Tradeable Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, each Marketing Agent and each Holder, by acceptance of its Up-MACRO Tradeable Shares, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an Up-MACRO Tradeable Share or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any Up-MACRO Tradeable Shares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Administrative Agent, the Marketing Agents and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the Up-MACRO Tradeable Holding Trust, acquiesce in, petition for or otherwise invoke or cause the Up-MACRO Tradeable Holding Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the Up-MACRO Tradeable Holding Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Up-MACRO Tradeable Holding Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the Up-MACRO Tradeable Holding Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, Agent and each Marketing Agent and each Holder, by acceptance of its Up-MACRO Tradeable Holding Shares, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an Up-MACRO Tradeable Holding Share or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any Up-MACRO Tradeable Holding Shares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Administrative Agent, the Marketing Agents Agent and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the Up-MACRO Tradeable Up Trust, acquiesce in, petition for or otherwise invoke or cause the Up-MACRO Tradeable Up Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the Up-MACRO Tradeable Up Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Up-MACRO Tradeable Up Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the Up-MACRO Tradeable Up Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, each Agent and the Marketing Agent and each Holder, by acceptance of its Up-MACRO Tradeable SharesUp MacroShares, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an Up-MACRO Tradeable Share Up MacroShare or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any Up-MACRO Tradeable Shares Up MacroShares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Administrative Agent, the Marketing Agents and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the UpDown-MACRO Tradeable Holding Trust, acquiesce in, petition for or otherwise invoke or cause the UpDown-MACRO Tradeable Holding Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the UpDown-MACRO Tradeable Holding Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the UpDown-MACRO Tradeable Holding Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the UpDown-MACRO Tradeable Holding Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, Agent and each Marketing Agent and each Holder, by acceptance of its UpDown-MACRO Tradeable Holding Shares, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an Upa Down-MACRO Tradeable Holding Share or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any UpDown-MACRO Tradeable Holding Shares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Administrative Agent, the Marketing Agents and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the UpDown-MACRO Tradeable Trust, acquiesce in, petition for or otherwise invoke or cause the UpDown-MACRO Tradeable Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the UpDown-MACRO Tradeable Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the UpDown-MACRO Tradeable Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the UpDown-MACRO Tradeable Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, each Marketing Agent and each Holder, by acceptance of its UpDown-MACRO Tradeable Shares, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an UpDown-MACRO Tradeable Share or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any UpDown-MACRO Tradeable Shares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Administrative Agent, the Marketing Agents Agent and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the Up-MACRO Tradeable Down Trust, acquiesce in, petition for or otherwise invoke or cause the Up-MACRO Tradeable Down Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the Up-MACRO Tradeable Down Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Up-MACRO Tradeable Down Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the Up-MACRO Tradeable Down Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, each Agent and the Marketing Agent and each Holder, by acceptance of its Up-MACRO Tradeable SharesDown MacroShares, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an Up-MACRO Tradeable Share a Down MacroShare or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any Up-MACRO Tradeable Shares Down MacroShares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Administrative Agent, the Marketing Agents Agent and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the UpDown-MACRO Tradeable Trust, acquiesce in, petition for or otherwise invoke or cause the UpDown-MACRO Tradeable Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the UpDown-MACRO Tradeable Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the UpDown-MACRO Tradeable Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the UpDown-MACRO Tradeable Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, each the Marketing Agent and each Holder, by acceptance of its UpDown-MACRO Tradeable Shares, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an UpDown-MACRO Tradeable Share or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any UpDown-MACRO Tradeable Shares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Administrative Agent, the Marketing Agents Agent and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the Up-MACRO Tradeable Holding Trust, acquiesce in, petition for or otherwise invoke or cause the Up-MACRO Tradeable Holding Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the Up-MACRO Tradeable Holding Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Up-MACRO Tradeable Holding Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the Up-MACRO Tradeable Holding Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, each Agent and the Marketing Agent and each Holder, by acceptance of its Up-MACRO Tradeable Holding Shares, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an Up-MACRO Tradeable Holding Share or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any Up-MACRO Tradeable Holding Shares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Administrative Agent, the Marketing Agents Agent and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the UpDown-MACRO Tradeable Holding Trust, acquiesce in, petition for or otherwise invoke or cause the UpDown-MACRO Tradeable Holding Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the UpDown-MACRO Tradeable Holding Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the UpDown-MACRO Tradeable Holding Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the UpDown-MACRO Tradeable Holding Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, Agent and each Marketing Agent and each Holder, by acceptance of its UpDown-MACRO Tradeable Holding Shares, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an Upa Down-MACRO Tradeable Holding Share or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any UpDown-MACRO Tradeable Holding Shares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Administrative Agent, the Marketing Agents Agent and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the Up-MACRO Tradeable Trust, acquiesce in, petition for or otherwise invoke or cause the Up-MACRO Tradeable Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the Up-MACRO Tradeable Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Up-MACRO Tradeable Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the Up-MACRO Tradeable Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, each the Marketing Agent and each Holder, by acceptance of its Up-MACRO Tradeable Shares, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an Up-MACRO Tradeable Share or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any Up-MACRO Tradeable Shares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Calculation Agent, the Administrative Agent, the Marketing Agents Agent and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the Up-MACRO Tradeable Trust, Holding Trust or the Depositor acquiesce in, petition for or otherwise invoke or cause the Up-MACRO Tradeable Holding Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the Up-MACRO Tradeable Holding Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Up-MACRO Tradeable Holding Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the Up-MACRO Tradeable Holding Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, each Agent and Marketing Agent and each Holder, by acceptance of its Up-MACRO Tradeable SharesHolding Share, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an Up-MACRO Tradeable Holding Share or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any Up-MACRO Tradeable Holding Shares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Calculation Agent, the Administrative Agent, the Marketing Agents Agent and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the UpDown-MACRO Tradeable Trust, Holding Trust or the Depositor acquiesce in, petition for or otherwise invoke or cause the UpDown-MACRO Tradeable Holding Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the UpDown-MACRO Tradeable Holding Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the UpDown-MACRO Tradeable Holding Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the UpDown-MACRO Tradeable Holding Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, each Agent and Marketing Agent and each Holder, by acceptance of its UpDown-MACRO Tradeable SharesHolding Share, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an UpDown-MACRO Tradeable Holding Share or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any UpDown-MACRO Tradeable Holding Shares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Administrative Agent, the Marketing Agents Agent and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the Up-MACRO Tradeable Down Trust, acquiesce in, petition for or otherwise invoke or cause the Up-MACRO Tradeable Down Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the Up-MACRO Tradeable Down Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Up-MACRO Tradeable Down Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the Up-MACRO Tradeable Down Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, each Agent and the Marketing Agent Agents and each Holder, by acceptance of its Up-MACRO Tradeable SharesDown MacroShares, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an Up-MACRO Tradeable Share a Down MacroShare or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any Up-MACRO Tradeable Shares Down MacroShares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, the Administrative Agent, the Marketing Agents and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the Up-MACRO Tradeable Up Trust, acquiesce in, petition for or otherwise invoke or cause the Up-MACRO Tradeable Up Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the Up-MACRO Tradeable Up Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Up-MACRO Tradeable Up Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the Up-MACRO Tradeable Up Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, each Agent and the Marketing Agent Agents and each Holder, by acceptance of its Up-MACRO Tradeable SharesUp MacroShares, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an Up-MACRO Tradeable Share Up MacroShare or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any Up-MACRO Tradeable Shares Up MacroShares shall have been Outstanding.

Non-Petition Covenant; No Proceedings. (a) Notwithstanding any prior termination of this Trust Agreement, the Trustee, [the Calculation Agent,] the Administrative Agent, the Marketing Agents Agent and the Depositor shall not, prior to the date which is one year and one day after the termination of this Trust Agreement with respect to the Up-MACRO Tradeable Trust, Holding Trust or the Depositor acquiesce in, petition for or otherwise invoke or cause the Up-MACRO Tradeable Holding Trust or the Depositor to invoke the process of any Governmental Authority for the purpose of (x) commencing or sustaining a case against the Up-MACRO Tradeable Holding Trust or the Depositor under any federal or state bankruptcy, insolvency or similar law, (y) appointing a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official of the Up-MACRO Tradeable Holding Trust or the Depositor or any substantial part of their respective property or (z) ordering the winding-up or liquidation of the affairs of the Up-MACRO Tradeable Holding Trust or the Depositor. (b) Each of the Trustee, the Depositor, the Administrative Agent, each Agent and Marketing Agent and each Holder, by acceptance of its Up-MACRO Tradeable SharesHolding Share, hereby agrees that it will not institute against a Holder, or join any other Person in instituting against a Holder, on account of its ownership of an Up-MACRO Tradeable Holding Share or its obligations hereunder, any bankruptcy, insolvency, liquidation, readjustment of debt, marshalling of assets or any similar proceeding so long as there has not elapsed one year plus one day since the last day on which any Up-MACRO Tradeable Holding Shares shall have been Outstanding.