Common use of Rebates, Kickbacks and Reciprocal Arrangements Clause in Contracts

Rebates, Kickbacks and Reciprocal Arrangements. The Trust shall cause the Sponsor to agree that it shall not receive or accept any rebate or give-ups or similar arrangement that is prohibited under applicable federal or state securities laws. The Trust shall cause the Sponsor to agree that it shall not participate in any reciprocal business arrangement that would circumvent provisions of applicable federal or state securities laws governing conflicts of interest or investment restrictions, including any arrangement that would circumvent the restrictions of the NASAA Omnibus Guidelines, or enter into any agreement, arrangement or understanding that would circumvent the restrictions against dealing with affiliates or promoters under applicable federal or state securities laws. The Trust shall cause the Sponsor to agree that it shall not directly or indirectly pay or award any fees or commissions or other compensation to any Person engaged to sell Shares or give investment advice to a potential Shareholder; provided, however, that this Section 14.5 shall not prohibit the payment to a registered broker-dealer or other properly licensed agent of normal sales commissions or other compensation (including cash compensation and non-cash compensation (as such terms are defined under FINRA Rule 2310)) for selling or distributing Shares, including out of the Sponsor’s own assets, including those amounts paid to the Sponsor under the Advisory Agreement.

Rebates, Kickbacks and Reciprocal Arrangements. The Trust Company shall cause the Sponsor Adviser to agree that it shall not receive or accept any rebate or give-ups or similar arrangement that is prohibited under applicable federal or state securities laws. The Trust Company shall cause the Sponsor Adviser to agree that it shall not participate in any reciprocal business arrangement that would circumvent provisions of applicable federal or state securities laws governing conflicts of interest or investment restrictions, including any arrangement that would circumvent the restrictions of the NASAA Omnibus Guidelines, or enter into any agreement, arrangement or understanding that would circumvent the restrictions against dealing with affiliates or promoters under applicable federal or state securities laws, or that would circumvent the restrictions of the Omnibus Guidelines. The Trust Company shall cause the Sponsor Adviser to agree that it shall not directly or indirectly pay or award any fees or commissions or other compensation to any Person engaged to sell Shares or give investment advice to a potential Shareholder; provided, however, that this Section 14.5 10.5 shall not prohibit the payment to a registered broker-dealer or other properly licensed agent of normal sales commissions or other compensation (including cash compensation and non-cash compensation (as such terms are defined under FINRA Rule 2310)) for selling or distributing Shares, including out of the SponsorAdviser’s own assets, including those amounts paid to the Sponsor Adviser under the Advisory Agreement.