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Common use of Officers of the Trust Clause in Contracts

Officers of the Trust. (a) The Managing Owner may, but is not obligated to, appoint officers of the Trust, who shall be agents of the Trust with such titles and duties as the Managing Owner shall specify. Any number of offices may be held by the same person. (b) The officers of the Trust shall be appointed by the Managing Owner, and each shall serve at the pleasure of the Managing Owner, subject to the rights, if any, an officer may have under any contract of employment. (c) Subject to the rights, if any, of an officer under any contract of employment, any officer may be removed, either with or without cause, by the Managing Owner. Any officer may resign at any time by giving written notice to the Managing Owner. Any resignation shall take effect at the date of the receipt of that notice or at any later time specified in that notice; and unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of the Trust under any contract to which the officer is a party. (d) Subject to the supervision and oversight of the Managing Owner, the officers of the Trust are delegated the authority to act on behalf of the Trust consistent with the parameters and powers of their position as outlined from time to time by the Managing Owner, including to prepare, negotiate, deliver and execute documents, agreements, plans, registration statements, any and all applications for exemptive orders, and any amendments or supplements thereto, that the officers or any of them believe, with advice of counsel, are necessary or desirable for the Trust.

Appears in 5 contracts

Samples: Declaration of Trust and Trust Agreement (FactorShares 2X: Gold Bull/S&p500 Bear), Declaration of Trust and Trust Agreement (FactorShares 2X: S&P500 Bull/TBond Bear), Declaration of Trust and Trust Agreement (FactorShares 2X: Oil Bull/S&p500 Bear)

Officers of the Trust. (a) The Managing Owner may, but is not obligated to, appoint officers of the Trust, who shall be agents of the Trust and each Fund with such titles and duties as the Managing Owner shall specify. Any number of offices may be held by the same person. (b) The officers of the Trust shall be appointed by the Managing Owner, and each shall serve at the pleasure of the Managing Owner, subject to the rights, if any, an officer may have under any contract of employment. (c) Subject to the rights, if any, of an officer under any contract of employment, any officer may be removed, either with or without cause, by the Managing Owner. Any officer may resign at any time by giving written notice to the Managing Owner. Any resignation shall take effect at the date of the receipt of that notice or at any later time specified in that notice; and unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of the Trust or a Fund, as applicable, under any contract to which the officer is a party. (d) Subject to the supervision and oversight of the Managing Owner, the officers of the Trust are delegated the authority to act on behalf of the Trust and each Fund consistent with the parameters and powers of their position as outlined from time to time by the Managing Owner, including to prepare, negotiate, deliver and execute documents, agreements, plans, registration statements, any and all applications for exemptive orders, and any amendments or supplements thereto, that the officers or any of them believe, with advice of counsel, are necessary or desirable for the TrustTrust and the Funds.

Appears in 1 contract

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