Common use of Redemption Procedures Clause in Contracts

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determine.

Appears in 8 contracts

Samples: Authorized Purchaser Agreement (United States 12 Month Natural Gas Fund, LP), Authorized Purchaser Agreement (United States Diesel-Heating Oil Fund, LP), Authorized Purchaser Agreement (United States Short Oil Fund, LP)

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Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Transfer Agent to redeem one or more Redemption Baskets of a Fund in accordance with this Section 7 8 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time the applicable Order Cutoff Time or the close of regular trading on NYSE Arcathe New York Stock Exchange, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Transfer Agent. The day on which the Marketing Transfer Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third end of next Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required or the end of such later Business Day as agreed to by the General Partner Authorized Purchaser and the Transfer Agent in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale advance of a number and type of futures contracts at the closing settlement price for such contracts on when the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B)is placed. Failure to consummate (1) and (2) above such delivery shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to submitted via CNS or such other means deemed acceptable by the Fund’s account at the Custodian Sponsor, the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the a Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem Redemption Order is properly received as the number of Units Shares to be redeemed under the Redemption Order is in proportion to the total number of Units Shares outstanding on the date the order Order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, if the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of such timedate, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant cancelled. The Authorized Purchaser will indemnify the Partnership Sponsor for any losses, if any, losses due to such cancellation, including including, but not limited to to, the difference in the price of investments sold as a result of the redemption order Redemption Order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General PartnerSponsor, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner Sponsor may from time to time determine. The Sponsor may, in its discretion, suspend the right of redemption, or postpone the Redemption Distribution Date, (1) for any period during which the NYSE Arca, Inc. or the Chicago Board of Trade is closed other than customary weekend or holiday closings, or trading on the NYSE Arca, Inc. or the Chicago Board or Trade is suspended or restricted, (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries is not reasonably practicable, or (3) for such other period as the Sponsor determines to be necessary for the protection of shareholders. None of the Sponsor, the Distributor, or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 6 contracts

Samples: Trust Agreement (Tidal Commodities Trust I), Trust Agreement, Trust Agreement (Bitwise ETF Trust)

Redemption Procedures. On any Business Day, an Authorized Purchaser Participant may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser Participant agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized PurchaserParticipant’s sale of UnitsShares. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser Participant must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser Participant of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units Shares to be redeemed under the Redemption Order is in proportion to the total number of Units Shares outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser Participant on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser Participant has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determine.

Appears in 6 contracts

Samples: Authorized Participant Agreement (United States Diesel-Heating Oil Fund, LP), Authorized Participant Agreement (United States Gasoline Fund, LP), Authorized Participant Agreement (United States Brent Oil Fund, LP)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Transfer Agent to redeem one or more Redemption Baskets of a Fund in accordance with this Section 7 8 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time the applicable Order Cutoff Time or the close of regular trading on NYSE Arcathe New York Stock Exchange, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Transfer Agent. The day on which the Marketing Transfer Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third end of next Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”)) or the end of such later Business Day, and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on not to exceed three Business Days after the Redemption Order Dateis placed, as specified in agreed to between the Authorized Purchaser and the Transfer Agent when the Redemption Order Form (see Exhibit B)is placed. Failure to consummate (1) and (2) above such delivery shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian submitted via CNS the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the a Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem Redemption Order is properly received as the number of Units Shares to be redeemed under the Redemption Order is in proportion to the total number of Units Shares outstanding on the date the order Order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, if the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of such timedate, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General PartnerSponsor, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner Sponsor may from time to time determine. The Sponsor may, in its discretion, suspend the right of redemption, or postpone the Redemption Distribution Date, (1) for any period during which the NYSE Arca, Inc. or the Chicago Board of Trade is closed other than customary weekend or holiday closings, or trading on the NYSE Arca, Inc. or the Chicago Board or Trade is suspended or restricted, (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries is not reasonably practicable, or (3) for such other period as the Sponsor determines to be necessary for the protection of shareholders. None of the Sponsor, the Marketing Agent, or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 3 contracts

Samples: Authorized Purchaser Agreement (Teucrium Commodity Trust), Authorized Purchaser Agreement (Teucrium Commodity Trust), Authorized Purchaser Agreement (Teucrium Commodity Trust)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with (a) Any permitted redemption of the Marketing Agent Preferred Shares pursuant to redeem one Sections 3.3 or more Redemption Baskets in accordance with this Section 7 3.4 above shall be deemed to be effective and consummated (for purposes of determining the Formula Price and the Procedures. Redemption Orders must time at which Purchaser shall thereafter not be placed by 12:00 PM New York time or entitled to deliver a Notice of Conversion for the close of regular trading on NYSE ArcaPreferred Shares) as follows: (i) A redemption pursuant to Section 3.3, whichever is earlier. the "redemption date" specified therein; (ii) A Redemption Order so received is effective on redemption pursuant to Section 3.4(a), the date it of consummation of the applicable Sale Event; (iii) A redemption pursuant to Section 3.4(b), three (3) Business Days following the date of consummation of the applicable Financing (meaning closing and funding); and (iv) A redemption pursuant to Section 3.4(c), 40 days from the date of issuance of the Maximum Number of Shares unless shareholder approval to issue additional shares of Common Stock is received in satisfactory form obtained by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system Company prior to the Fund’s account with expiration of said 40 days. (v) A redemption pursuant to Section 3.4(d), three (3) Business Days following the Custodian not later than 3:00 PM New York time on the third Business Day following expiration of forty-five (45) days without registration of a sufficient number of shares. (b) On the effective date of a redemption of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, Preferred Shares as specified in Section 3.5(a) above, the Redemption Order Form Company shall deliver by wire transfer of funds the redemption price to Purchaser of the Preferred Shares subject to redemption. Should Purchaser not receive payment of any amounts due on redemption of its Preferred Shares by reason of the Company's failure to make payment at the times prescribed above for any reason, the Company shall pay to the applicable holder on demand (see Exhibit B). Failure x) interest on the sums not paid when due at an annual rate equal to consummate the lesser of (1I) maximum lawful rate and (2II) above 18% per annum compounded at the end of each thirty (30) days, until the applicable holder is paid in full and (y) all costs of collection, including, but not limited to, reasonable attorneys' fees and costs, whether or not suit or other formal proceedings are instituted. (c) The Company shall result select the Preferred Shares to be redeemed in the cancellation any redemption in which not all of the order. The number and type of contracts specified shall Preferred Shares are to be determined by redeemed so that the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result ratio of the Authorized Purchaser’s sale Preferred Shares of Units. Prior to the delivery of the each holder selected for redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of Preferred Shares owned by that holder shall be the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received same as the number ratio of Units all such Preferred Shares selected for redemption bears to the total of all then outstanding Preferred Shares. Should any Preferred Shares required to be redeemed under the Redemption Order is in proportion terms hereof not be redeemed solely by reason of limitations imposed by law, the applicable Preferred Shares shall be redeemed on the earliest possible dates thereafter to the total number maximum extent permitted by law. (d) Any Notice of Units outstanding Conversion delivered by Purchaser (including delivery via telecopy) to the Company prior to the effective date of a voluntary redemption pursuant to Section 3.3 or a mandatory redemption pursuant to Section 3.4 as specified in Section 3.5(a) above), shall be honored by the Company and the conversion of the Preferred Shares shall be deemed effected on the Conversion Date. In addition, between the effective date of a voluntary redemption pursuant to Section 3.3 or a mandatory redemption pursuant to Section 3.4 as specified in Section 3.5(a) above and the date the order Company is received. The General Partnerrequired to deliver the redemption proceeds in full to Purchaser, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount Purchaser may deliver a Notice of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered Conversion to the Authorized Company. Such notice will be (x) of no force or effect if the Company timely pays the redemption proceeds to Purchaser when due or (y) honored on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all or as of the Baskets date of the Notice of Conversion if the Company fails to be redeemed by such time, timely pay the redemption distribution is delivered proceeds to Purchaser when due. Additionally, in the extent of whole Baskets received. Any remainder event the Company fails to make full payment of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension price of the Redemption Distribution Date which Preferred Shares being redeemed by the General Partner maytenth (10) day following the notice of redemption, from time then the Company waives its right to time, determine and redeem any of the remaining Baskets to be redeemed are credited to then outstanding Preferred Shares, unless such redemption is approved by the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determinePurchaser.

Appears in 2 contracts

Samples: Subscription and Securities Purchase Agreement (Avitar Inc /De/), Subscription and Securities Purchase Agreement (Avitar Inc /De/)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arcathe American Stock Exchange, whichever is earlier. A Redemption Order redemption order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order redemption order is the “Redemption Order Date”redemption order date. By placing a Redemption Orderredemption order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket Baskets to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time 11 a.m. on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the redemption order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Orderredemption order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Orderredemption order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order redemption order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after as of 4:00 p.m. PM New York time on the Redemption Order Dateredemption order date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date third Business Day following the redemption order date if, by 3:00 PM 9:00 AM New York time on such Redemption Distribution Datethird Business Day, the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date redemption distribution date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM 9:00 AM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM 9:00 AM New York time on the Redemption Distribution Date third Business Day following the redemption order date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determine. The General Partner may, in its discretion, suspend the right of redemption, or postpone the redemption settlement date, (1) for any period during which the American Stock Exchange or the New York Mercantile Exchange is closed other than customary weekend or holiday closings, or trading on the American Stock Exchange or the New York Mercantile Exchange is suspended or restricted, (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries or other assets of the Fund is not reasonably practicable, or (3) for such other period as the General Partner determines to be necessary for the protection of the limited partners. None of the General Partner, the Marketing Agent, the Administrator or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 2 contracts

Samples: Fund Authorized Purchaser Agreement (GreenHaven Continuous Commodity Index Fund), Authorized Purchaser Agreement (United States Oil Fund, LP)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arcathe American Stock Exchange, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after as of 4:00 p.m. PM New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM 9:00 AM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determine. The General Partner may, in its discretion, suspend the right of redemption, or postpone the Redemption Distribution Date, (1) for any period during which the American Stock Exchange or the New York Mercantile Exchange is closed other than customary weekend or holiday closings, or trading on the American Stock Exchange or the New York Mercantile Exchange is suspended or restricted or (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries or other assets of the Fund is not reasonably practicable. None of the General Partner, the Marketing Agent, the Administrator or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 2 contracts

Samples: Authorized Purchaser Agreement (United States Gasoline Fund, LP), Authorized Purchaser Agreement (United States Heating Oil Fund, LP)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlierRedemption Order Cut-off Time. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 12:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General PartnerSponsor, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General PartnerSponsor, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on an estimate of the Redemption Order Dateredemption distribution per basket as of the beginning of each business day. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant Authorized Purchaser will indemnify the Partnership Sponsor, the Trust and the Fund for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General PartnerSponsor, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner Sponsor may from time to time determine.

Appears in 2 contracts

Samples: Authorized Purchaser Agreement (United States Currency Funds Trust), Authorized Purchaser Agreement (United States Commodity Funds Trust I)

Redemption Procedures. On Immediately upon the action of the Board of Directors of the Company ordering the redemption of the Rights (or at such later time as the Board of Directors may establish for the effectiveness of such redemption) under Section 23.1 or the effectiveness of a redemption of the Rights pursuant to Section 23.2, and without any Business Dayfurther action and without any notice, an Authorized Purchaser may place an order with the Marketing right to exercise the Rights will terminate and the only right thereafter of the holders of Rights shall be to receive the Redemption Price for each Right so held. The Company shall promptly give public notice of such redemption; provided, however, that the failure to give, or any defect in, any such notice shall not affect the validity of such redemption. The Company shall promptly give, or cause the Rights Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and give, notice of such redemption to the Procedures. Redemption Orders must be placed holders of the then outstanding Rights by 12:00 PM New York time or mailing such notice to all such holders at their last addresses as they appear upon the close registry books of regular trading on NYSE Arcathe Rights Agent or, whichever is earlier. A Redemption Order so received is effective prior to the Distribution Date, on the date it registry books of the transfer agent for the Common Shares; provided, however, that the failure to give, or any defect in, any such notice shall not affect the validity of such redemption. Any notice which is received mailed in satisfactory form by the Marketing Agentmanner herein provided shall be deemed given, whether or not the holder receives the notice. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption OrderCompany may, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system at its option, discharge all of its obligations with respect to the Fund’s account with Rights by (i) issuing a press release announcing the Custodian not later than 3:00 PM New York time on manner of redemption of the third Business Day following the effective date Rights and (ii) mailing payment of the Redemption Order (“Redemption Distribution Date”), and (2) if required by Price to the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with registered holders of the Fund for the sale of a number and type of futures contracts Rights at the closing settlement price for such contracts their last addresses as they appear on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation registry books of the order. The number and type of contracts specified shall be determined by the General PartnerRights Agent or, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, on the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all registry books of the Baskets to transfer agent for the Common Shares, and upon such action, all outstanding Right Certificates shall be redeemed null and void without any further action by the Company. Each such time, notice of redemption shall state the redemption distribution is delivered to method by which the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension payment of the Redemption Distribution Date which Price will be made. Neither the General Partner mayCompany nor any of its Affiliates or Associates may redeem, from acquire or purchase for value any Rights at any time to timein any manner other than that specifically set forth in this Section 23 or in Section 27, determine and other than in connection with the remaining Baskets to be redeemed are credited purchase, acquisition or redemption of Common Shares prior to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determineDate.

Appears in 2 contracts

Samples: Rights Agreement (Euronet Worldwide Inc), Rights Agreement (Layne Christensen Co)

Redemption Procedures. On any Business Day, an Authorized Purchaser Participant may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser Participant agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized PurchaserParticipant’s sale of UnitsShares. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser Participant must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser Participant of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units Shares to be redeemed under the Redemption Order is in proportion to the total number of Units Shares outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser Participant on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser Participant has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determine.

Appears in 2 contracts

Samples: Authorized Participant Agreement (United States 12 Month Natural Gas Fund, LP), Authorized Participant Agreement (United States Oil Fund, LP)

Redemption Procedures. An Authorized Participant may only redeem a Basket in-kind or via cash in accordance with Exhibit B hereto).. The Authorized Participant shall have no obligation to submit a Redemption Order ever hereunder. On any Business Day, an Authorized Purchaser may Participant may, for itself as principal or as an agent for an Authorized Participant Client, place an order with the Marketing Transfer Agent to redeem one or more Redemption Baskets of the Trust in accordance with this Section 7 Agreement and the Procedures. Redemption Orders submitted in-kind must be placed by 12:00 PM New York time [ ] or the close of regular trading on NYSE Arcathe Exchange, whichever is earlier. A Except as provided herein, all Redemption Order so received is effective on Orders of the date it is received in satisfactory form Authorized Participant shall be accepted by the Marketing AgentSponsor and the Order Examiner and shall be accepted when submitted in good form. The day on which the Marketing Transfer Agent receives a valid Redemption Order, as approved by the Order Examiner, is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser Participant agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the FundTrust’s account with the Custodian BNY Mellon not later than 3:00 PM New York time on the third end of the Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above such delivery shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser Participant must also have wired to the Fund’s account at the Custodian Transfer Agent the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund Trust consists of a transfer to the redeeming Authorized Purchaser Participant of an amount of Treasuries bitcoin and/or cash with a value that is in the same proportion equal to the total assets NAV of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as Trust multiplied by the number of Units Shares to be redeemed in accordance with the Authorized Participant’s request under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order DateOrder. The redemption distribution due from the Fund Trust is delivered to the Authorized Purchaser Participant on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, if the Fund’ s Trust’s DTC account has been credited with the Baskets to be redeemed. If the FundTrust’s DTC account has not been credited with all of the Baskets to be redeemed by the end of such timedate, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund Trust receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine provided it provides promptly notice of such determination to the Authorized Participant and the remaining Baskets to be redeemed are credited to the FundTrust’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may shall be cancelled at cancelled. The Sponsor, acting by itself or through BNY Mellon, or the election Order Examiner may, in its discretion, suspend the right of redemption, or postpone the Redemption Distribution Date subject to prior disclosure to the public, in the case of (i), (iii) and (iv) together with amendment of the General Partner. Any further remaining amount Registration Statement and notice as to when redemptions will re-commence and, in the case of (ii) disclosure to the redemption order shall Authorized Participant of all changes to be cancelled and made to the Participant will indemnify the Partnership Redemption Order to cause it to be accepted as in proper form, (i) for any lossesperiod during which the Cboe BZX Exchange, if anyInc. (the “Exchange”) is closed other than customary weekend or holiday closings, due to such cancellationor trading on the Exchange is suspended or restricted; (ii) the order is not in proper form as determined by the Trust, including but not limited to BNY Mellon or the difference in the price of investments sold Order Examiner; (iii) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of bitcoin is not reasonably practicable; or (iv) for such other period as the redemption order and investments made Sponsor reasonably determines to reflect that such order has been cancelledbe necessary for the protection of shareholders. Pursuant to instruction from None of the General PartnerSponsor, the Custodian Order Examiner, or BNY Mellon will be liable to any person or in any way for any loss or damages that may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on result from any such terms as the General Partner may from time to time determinesuspension or postponement. .

Appears in 1 contract

Samples: Authorized Participant Agreement (Ark 21Shares Bitcoin ETF)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with (a) Any redemption of the Marketing Agent Preferred Shares pursuant to redeem one Sections 3.3 or more Redemption Baskets in accordance with this Section 7 3.4 above shall be deemed to be effective and consummated (for purposes of determining the Formula Price and the Procedures. Redemption Orders must time at which Purchaser shall thereafter not be placed by 12:00 PM New York time entitled to deliver a Notice of Conversion for the Preferred Shares) as follows: 1) A prepayment pursuant to Section 3.3, the "redemption date" specified therein; 2) A redemption pursuant to Section 3.4(a), the date of consummation of the applicable Sale Event or the close of regular trading on NYSE ArcaRegistration Default; 3) A redemption pursuant to Section 3.4(b), whichever is earlier. A Redemption Order so received is effective on three (3) Business Days following the date it of consummation of the applicable Financing (meaning closing and funding); 4) A redemption pursuant to Section 3.4(c), 40 days from the date of issuance of the Maximum Number of Shares unless shareholder approval to issue additional shares of Common Stock is received in satisfactory form obtained by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system Company prior to the Fund’s account with expiration of said 40 days; and 5) A redemption pursuant to Section 3.4(d), three (3) Business Days following the Custodian not later than 3:00 PM New York time on the third Business Day following expiration of forty-five (45) days without registration of a sufficient number of shares. (b) On the effective date of a redemption of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, Preferred Shares as specified in Section 3.5(a) above, the Redemption Order Form Company shall deliver by wire transfer of funds the prepayment/redemption price to Purchaser of the Preferred Shares subject to redemption. Should Purchaser not receive payment of any amounts due on redemption of its Preferred Shares by reason of the Company's failure to make payment at the times prescribed above for any reason, the Company shall pay to the applicable holder on demand (see Exhibit B). Failure x) interest on the sums not paid when due at an annual rate equal to consummate the lesser of (1I) the maximum lawful rate and (2II) above 18% per annum, compounded at the end of each thirty (30) days, until the applicable holder is paid in full and (y) all costs of collection, including, but not limited to, reasonable attorneys' fees and costs, whether or not suit or other formal proceedings are instituted. (c) The Company shall result select the Preferred Shares to be redeemed in the cancellation any redemption in which not all of the order. The number and type of contracts specified shall Preferred Shares are to be determined by redeemed so that the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result ratio of the Authorized Purchaser’s sale Preferred Shares of Units. Prior to the delivery of the each holder selected for redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of Preferred Shares owned by that holder shall be the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received same as the number ratio of Units all such Preferred Shares selected for redemption bears to the total of all then outstanding Preferred Shares. Should any Preferred Shares required to be redeemed under the Redemption Order is in proportion terms hereof not be redeemed solely by reason of limitations imposed by law, the applicable Preferred Shares shall be redeemed on the earliest possible dates thereafter to the total number maximum extent permitted by law. (d) Any Notice of Units outstanding Conversion delivered by Purchaser (including delivery via telecopy) to the Company prior to the effective date of a voluntary prepayment pursuant to Section 3.3 or a mandatory prepayment pursuant to Section 3.4 as specified in Section 3.5(a) above), shall be honored by the Company and the conversion of the Preferred Shares shall be deemed effected on the Conversion Date. In addition, between the effective date of a mandatory prepayment pursuant to Section 3.4 as specified in Section 3.5(a) above and the date the order Company is received. The General Partnerrequired to deliver the redemption proceeds in full to Purchaser, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount Purchaser may deliver a Notice of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered Conversion to the Authorized Company. Such notice will be (x) of no force or effect if the Company timely pays the redemption proceeds to Purchaser when due or (y) honored on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all or as of the Baskets date of the Notice of Conversion if the Company fails to be redeemed by such time, timely pay the redemption distribution is delivered proceeds to Purchaser when due. Additionally, in the extent of whole Baskets received. Any remainder event the Company fails to make full payment of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension price of the Redemption Distribution Date which Preferred Shares being redeemed by the General Partner maytenth (10) day following the notice of redemption, from time then the Company waives its right to time, determine and redeem any of the remaining Baskets to be redeemed are credited to then outstanding Preferred Shares, unless such redemption is approved by the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determinePurchaser.

Appears in 1 contract

Samples: Exchange Agreement (Avitar Inc /De/)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Transfer Agent to redeem one or more Redemption Baskets of a Fund in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 1:15 PM New York time or the close of regular trading on NYSE Arcathe New York Stock Exchange, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Transfer Agent. The day on which the Marketing Transfer Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third end of next Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”)) or the end of such later Business Day, and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on not to exceed three Business Days after the Redemption Order Dateis placed, as specified in agreed to between the Authorized Purchaser and the Transfer Agent when the Redemption Order Form (see Exhibit B)is placed. Failure to consummate (1) and (2) above such delivery shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian submitted via CNS the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the a Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem Redemption Order is properly received as the number of Units Shares to be redeemed under the Redemption Order is in proportion to the total number of Units Shares outstanding on the date the order Order is received. The General PartnerSponsor, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity maturities of a Treasurythe Treasuries, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, if the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of such timedate, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General PartnerSponsor, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner Sponsor may from time to time determine. The Sponsor may, in its discretion, suspend the right of redemption, or postpone the Redemption Distribution Date, (1) for any period during which the NYSE Arca, Inc. or the Chicago Board of Trade is closed other than customary weekend or holiday closings, or trading on the NYSE Arca, Inc. or the Chicago Board or Trade is suspended or restricted, (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries is not reasonably practicable, or (3) for such other period as the Sponsor determines to be necessary for the protection of shareholders. None of the Sponsor, the Marketing Agent, or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 1 contract

Samples: Authorized Purchaser Agreement (Teucrium Commodity Trust)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlierRedemption Order Cut-off Time. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 12:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts Exhibit 10.1 specified shall be determined by the General PartnerSponsor, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General PartnerSponsor, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on an estimate of the Redemption Order Dateredemption distribution per basket as of the beginning of each business day. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant Authorized Purchaser will indemnify the Partnership Sponsor, the Trust and the Fund for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General PartnerSponsor, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner Sponsor may from time to time determine.

Appears in 1 contract

Samples: Authorized Purchaser Agreement

Redemption Procedures. An Authorized Purchase may choose whether to redeem a Basket in cash or in-kind (or partly in cash and partly in-kind). On any Business Day, an Authorized Purchaser Participant may place an order with the Marketing Transfer Agent to redeem one or more Redemption Baskets of the Trust in accordance with this Section 7 Agreement and the Procedures. Redemption Orders submitted (i) in cash must be placed by 12:00 PM 3:00 p.m. New York time or the close of regular trading on NYSE Arcathe New York Stock Exchange, whichever is earlier. A Redemption Order so received is effective , and (ii) in-kind must be placed by 4:00 p.m. New York time or the close of regular trading on the date it New York Stock Exchange, whichever is received in satisfactory form by the Marketing Agentearlier. The day on which the Marketing Transfer Agent receives a valid Redemption Order, as approved by the Order Examiner, is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser Participant agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the FundTrust’s account with the Custodian BNY Mellon not later than 3:00 PM New York time on the third end of the Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above such delivery shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser Participant must also have wired to the Fund’s account at the Custodian submitted via CNS the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund Trust consists of a transfer to the redeeming Authorized Purchaser Participant of (a) in the case of a cash redemption, an amount of Treasuries and/or cash with a value that is and (b) in the same proportion case of an in-kind redemption, an amount of bitcoin plus any Balancing Amount, in each case equal to the total assets NAV of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as Trust multiplied by the number of Units Shares to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order DateOrder. The redemption distribution due from the Fund Trust is delivered to the Authorized Purchaser Participant on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, if the Fund’ s Trust’s DTC account has been credited with the Baskets to be redeemed. If the FundTrust’s DTC account has not been credited with all of the Baskets to be redeemed by the end of such timedate, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund Trust receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine and the remaining Baskets to be redeemed are credited to the FundTrust’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and cancelled. The Sponsor, acting by itself or through BNY Mellon, or the Participant will indemnify Order Examiner may, in its discretion, suspend the Partnership right of redemption, or postpone the Redemption Distribution Date, (i) for any lossesperiod during which the NYSE Arca, if anyInc. is closed other than customary weekend or holiday closings, due to such cancellationor trading on the NYSE Arca, including but Inc. is suspended or restricted; (ii) the order is not limited to in proper form as determined by the difference in Trust, BNY Mellon or the price of investments sold Order Examiner; (iii) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of bitcoin is not reasonably practicable; or (iv) for such other period as the redemption order and investments made Sponsor reasonably determines to reflect that such order has been cancelledbe necessary for the protection of shareholders. Pursuant to instruction from None of the General PartnerSponsor, the Custodian Order Examiner, or BNY Mellon will be liable to any person or in any way for any loss or damages that may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on result from any such terms as the General Partner may from time to time determinesuspension or postponement.

Appears in 1 contract

Samples: Authorized Participant Agreement (SolidX Bitcoin Trust)

Redemption Procedures. On any Business Day(a) Any redemption of the Convertible Note and Warrant, an Authorized Purchaser may place an order with as applicable pursuant to Sections 3.3 or 3.4 above shall be deemed to be effective and consummated (for purposes of determining the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 redemption price, the Formula Price and the Procedures. time at which Purchaser shall thereafter not be entitled to deliver a Notice of Conversion for the Convertible Note) as follows: (i) A voluntary redemption pursuant to Section 3.3, seven days following date of the Notice of Redemption Orders must be placed delivered by 12:00 PM New York time or the close of regular trading on NYSE ArcaCompany to Purchaser; (ii) A mandatory redemption pursuant to Section 3.4(a), whichever is earlier. A Redemption Order so received is effective on the date it is received of consummation of the applicable Sale Event; and (iii) A redemption pursuant to Section 3.4(b), the date specified in satisfactory form by the Marketing Agent. The day Convertible Note. (b) On the Maturity Date and on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following the effective date of a redemption of the Redemption Order (“Redemption Distribution Date”), Convertible Note and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, Warrants as specified in Section 3.5(a) above, the Redemption Order Form Company shall deliver by wire transfer of funds the redemption price to Purchaser of the Convertible Note and Warrants subject to redemption. Should Purchaser not receive payment of any amounts due on redemption of its Convertible Note and Warrants by reason of the Company's failure to make payment at the times prescribed above for any reason, the Company shall pay to the applicable holder on demand (see Exhibit B). Failure x) interest on the sums not paid when due at an annual rate equal to consummate (1) 12%, until the applicable holder is paid in full and (2y) above shall result in the cancellation all costs of the order. The number collection, including, but not limited to, reasonable attorneys' fees and type of contracts specified shall be determined by the General Partnercosts, in its sole discretion, to meet the Fund’s investment objective whether or not suit or other formal proceedings are instituted. (c) Should any Convertible Note and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units Warrants required to be redeemed under the Redemption Order is in proportion terms hereof not be redeemed solely by reason of limitations imposed by law, the applicable Convertible Note and Warrants shall be redeemed on the earliest possible dates thereafter to the total number maximum extent permitted by law. (d) Any Notice of Units outstanding Conversion delivered by Purchaser (including delivery via telecopy) to the Company prior to the (x) Maturity Date or (y) effective date of a voluntary redemption pursuant to Section 3.3 or a mandatory redemption pursuant to Section 3.4 as specified in Section 3.5(a) above), shall be honored by the Company and the conversion of the Convertible Note shall be deemed effected on the Conversion Date. In addition, between the effective date of a voluntary redemption pursuant to Section 3.3 or a mandatory redemption pursuant to Section 3.4 as specified in Section 3.5(a) above and the date the order Company is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions required to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets proceeds in full to be redeemed are not credited Purchaser, Purchaser may deliver a Notice of Conversion to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date Company. Such notice will be (x) of no force or effect if the Authorized Company timely pays the redemption proceeds to Purchaser has collateralized its obligation when due or (y) honored on or as of the date of the Notice of Conversion if the Company fails to deliver timely pay the Baskets through DTC’s book entry system on such terms as the General Partner may from time redemption proceeds to time determinePurchaser when due.

Appears in 1 contract

Samples: Securities Purchase Agreement (Donini Inc)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arcathe American Stock Exchange, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the Redemption Order Date”date. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of UnitsOrder. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after as of 4:00 p.m. PM New York time on the Redemption Order Datedate. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the third Business Day following the Redemption Distribution Date Order date if, by 3:00 PM New York time on such Redemption Distribution Datethird Business Day, the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date redemption distribution date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM 9:00 AM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the third Business Day following the Redemption Distribution Date Order date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determine. The General Partner may, in its discretion, suspend the right of redemption, or postpone the redemption settlement date, (1) for any period during which the American Stock Exchange or the New York Mercantile Exchange is closed other than customary weekend or holiday closings, or trading on the American Stock Exchange or the New York Mercantile Exchange is suspended or restricted, (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries or other assets of the Fund is not reasonably practicable, or (3) for such other period as the General Partner determines to be necessary for the protection of the limited partners. None of the General Partner, the Marketing Agent, the Administrator or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 1 contract

Samples: Authorized Purchaser Agreement (United States Natural Gas Fund, LP)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant Authorized Purchaser will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determine.

Appears in 1 contract

Samples: Authorized Purchaser Agreement (United States Brent Oil Fund, LP)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlierRedemption Order Cut-off Time. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 12:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption &#82 20;Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General PartnerSponsor, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General PartnerSponsor, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on an estimate of the Redemption Order Dateredemption distribution per basket as of the beginning of each business day. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant Authorized Purchaser will indemnify the Partnership Sponsor, the Trust and the Fund for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General PartnerSponsor, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner Sponsor may from time to time determine.

Appears in 1 contract

Samples: Authorized Purchaser Agreement (United States Commodity Index Funds Trust)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with (a) Any permitted redemption of the Marketing Agent Preferred Shares pursuant to redeem one Sections 3.3 or more Redemption Baskets in accordance with this Section 7 3.4 above shall be deemed to be effective and consummated (for purposes of determining the Formula Price and the Procedures. Redemption Orders must time at which Purchaser shall thereafter not be placed by 12:00 PM New York time or entitled to deliver a Notice of Conversion for the close of regular trading on NYSE ArcaPreferred Shares) as follows: (i) A redemption pursuant to Section 3.3, whichever is earlier. the "redemption date" specified therein; (ii) A Redemption Order so received is effective on redemption pursuant to Section 3.4(a), the date it of consummation of the applicable Sale Event; (iii) A redemption pursuant to Section 3.4(b), three (3) Business Days following the date of consummation of the applicable Financing (meaning closing and funding); and (iv) A redemption pursuant to Section 3.4(c), 40 days from the date of issuance of the Maximum Number of Shares unless shareholder approval to issue additional shares of Common Stock is received in satisfactory form obtained by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system Company prior to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following expiration of said 40 days. (b) On the effective date of a redemption of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, Preferred Shares as specified in Section 3.5(a) above, the Redemption Order Form Company shall deliver by wire transfer of funds the redemption price to Purchaser of the Preferred Shares subject to redemption. Should Purchaser not receive payment of any amounts due on redemption of its Preferred Shares by reason of the Company’s failure to make payment at the times prescribed above for any reason, the Company shall pay to the applicable holder on demand (see Exhibit B). Failure x) interest on the sums not paid when due at an annual rate equal to consummate the maximum lawful compounded at the end of each thirty (130) days, until the applicable holder is paid in full and (2y) above all costs of collection, including, but not limited to, reasonable attorneys’ fees and costs, whether or not suit or other formal proceedings are instituted. (c) The Company shall result select the Preferred Shares to be redeemed in the cancellation any redemption in which not all of the order. The number and type of contracts specified shall Preferred Shares are to be determined by redeemed so that the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result ratio of the Authorized Purchaser’s sale Preferred Shares of Units. Prior to the delivery of the each holder selected for redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of Preferred Shares owned by that holder shall be the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received same as the number ratio of Units all such Preferred Shares selected for redemption bears to the total of all then outstanding Preferred Shares. Should any Preferred Shares required to be redeemed under the Redemption Order is in proportion terms hereof not be redeemed solely by reason of limitations imposed by law, the applicable Preferred Shares shall be redeemed on the earliest possible dates thereafter to the total number maximum extent permitted by law. (d) Any Notice of Units outstanding Conversion delivered by Purchaser (including delivery via telecopy) to the Company prior to the (x) Maturity Date or (y) effective date of a voluntary redemption pursuant to Section 3.3 or a mandatory redemption pursuant to Section 3.4 as specified in Section 3.5(a) above), shall be honored by the Company and the conversion of the Preferred Shares shall be deemed effected on the Conversion Date. In addition, between the effective date of a voluntary redemption pursuant to Section 3.3 or a mandatory redemption pursuant to Section 3.4 as specified in Section 3.5(a) above and the date the order Company is received. The General Partnerrequired to deliver the redemption proceeds in full to Purchaser, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount Purchaser may deliver a Notice of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered Conversion to the Authorized Company. Such notice will be (x) of no force or effect if the Company timely pays the redemption proceeds to Purchaser when due or (y) honored on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all or as of the Baskets date of the Notice of Conversion if the Company fails to be redeemed by such time, timely pay the redemption distribution is delivered proceeds to Purchaser when due. Additionally, in the extent of whole Baskets received. Any remainder event the Company fails to make full payment of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension price of the Redemption Distribution Date which Preferred Shares being redeemed by the General Partner maytenth (10) day following the notice of redemption, from time then the Company waives its right to time, determine and redeem any of the remaining Baskets to be redeemed are credited to then outstanding Preferred Shares, unless such redemption is approved by the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determinePurchaser.

Appears in 1 contract

Samples: Subscription and Securities Purchase Agreement (Speedemissions Inc)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on the NYSE Arca, Inc., whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM 9:00 AM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM 9:00 AM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determine. The General Partner may, in its discretion, suspend the right of redemption, or postpone the Redemption Distribution Date, (1) for any period during which the NYSE Arca, Inc. or the New York Mercantile Exchange is closed other than customary weekend or holiday closings, or trading on the NYSE Arca, Inc. or the New York Mercantile Exchange is suspended or restricted or (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries or other assets of the Fund is not reasonably practicable. None of the General Partner, the Marketing Agent, the Administrator or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 1 contract

Samples: Authorized Purchaser Agreement (United States 12 Month Natural Gas Fund, LP)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM 9:00 AM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM 9:00 AM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determine. The General Partner may, in its discretion, suspend the right of redemption, or postpone the Redemption Distribution Date, (1) for any period during which NYSE Arca or the New York Mercantile Exchange is closed other than customary weekend or holiday closings, or trading on the NYSE Arca or the New York Mercantile Exchange is suspended or restricted or (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries or other assets of the Fund is not reasonably practicable. None of the General Partner, the Marketing Agent, the Administrator or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 1 contract

Samples: Authorized Purchaser Agreement (United States Short Oil Fund, LP)

Redemption Procedures. On any Business Day, an Authorized Purchaser Participant may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlierRedemption Order Cut-off Time. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser Participant agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 12:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General PartnerSponsor, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized PurchaserParticipant’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser Participant must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser Participant of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General PartnerSponsor, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on an estimate of the Redemption Order Dateredemption distribution per basket as of the beginning of each business day. The redemption distribution due from the Fund is delivered to the Authorized Purchaser Participant on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Authorized Participant will indemnify the Partnership Sponsor, the Trust and the Fund for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General PartnerSponsor, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser Participant has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner Sponsor may from time to time determine.

Appears in 1 contract

Samples: Authorized Participant Agreement (United States Commodity Index Funds Trust)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with (a) Any permitted redemption of the Marketing Agent Series A Convertible Preferred Stock pursuant to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must 6.1 above shall be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket deemed to be redeemed through DTC’s book-entry system effective and consummated date of delivery of a notice of redemption to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following Company. (b) Within five (5) business days of the effective date of a redemption of the Redemption Order Class B Convertible Preferred Stock as specified above, the Company shall deliver the Senz-It Shares to the holders of the Class B Convertible Preferred Stock. Should a holder not receive payment of any amounts due on redemption of its Class B Convertible Preferred Stock by reason of the Company's failure to make payment at the times prescribed above for any reason, the Company shall pay to the applicable holder on demand (“Redemption Distribution Date”), x) liquidated damages in the amount of $1,000 per day for every day until the applicable holder is paid in full and (2y) if all costs of collection, including, but not limited to, reasonable attorneys' fees and costs, whether or not suit or other formal proceedings are instituted. (c) Should any Class B Convertible Preferred Stock required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion terms hereof not be redeemed solely by reason of limitations imposed by law, the applicable Class B Convertible Preferred Stock shall be redeemed on the earliest possible dates thereafter to the total number maximum extent permitted by law at the Original Issue Price. (d) Any Notice of Units outstanding Conversion delivered by a holder (including delivery via facsimile) to the Company prior to the effective date of redemption pursuant to Section 6.1 shall be honored by the Company and the conversion of the Class B Convertible Preferred Stock shall be deemed effected on the Conversion Date. In addition, between the effective date of a redemption pursuant to Section 6.1 above and the date the order Company is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions required to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited proceeds in full to the Fund’s DTC account by 3:00 PM New York time on applicable holder(s), the Redemption Distribution Date holder may deliver a Notice of Conversion to the Company. Such notice will be (x) of no force or effect if the Authorized Purchaser has collateralized its obligation Company timely pays the redemption proceeds to deliver holder when due or (y) honored on or as of the Baskets through DTC’s book entry system on such terms as date of the General Partner may from time Notice of Conversion if the Company fails to time determinetimely pay the redemption proceeds to holder when due.

Appears in 1 contract

Samples: Share Exchange Agreement (World Am, Inc.)

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Redemption Procedures. On any Business Day, an Authorized Purchaser Participant may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlierRedemption Order Cut-off Time. A Redemption Order so received is effective on the date it is received in satisfactory form and approved by the Marketing Agent. The day on which the Marketing Agent receives and approves a valid Redemption Order in accordance with the Procedures is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser Participant agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 12:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General PartnerSponsor, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized PurchaserParticipant’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser Participant must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser Participant of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General PartnerSponsor, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on an estimate of the Redemption Order Dateredemption distribution per basket as of the beginning of each business day. The redemption distribution due from the Fund is delivered to the Authorized Purchaser Participant on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Authorized Participant will indemnify the Partnership Sponsor, the Trust and the Fund for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General PartnerSponsor, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser Participant has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner Sponsor may from time to time determine.

Appears in 1 contract

Samples: Authorized Participant Agreement (USCF Funds Trust)

Redemption Procedures. To the extent permitted under the Trust’s registration statement, an Authorized Participant may redeem a Basket via cash in accordance with Exhibit B hereto). The Authorized Participant shall have no obligation to submit a Redemption Order ever hereunder. On any Business Day, an Authorized Purchaser may Participant may, for itself as principal or as an agent for an Authorized Participant Client, place an order with the Marketing Transfer Agent to redeem one or more Redemption Baskets of the Trust in accordance with this Section 7 Agreement and the Procedures. Redemption Orders orders via cash transaction must be placed by 12:00 PM New York time p.m. ET, or the close of regular trading on NYSE Arcathe Exchange, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form or another time as determined by the Marketing AgentSponsor. Except as provided herein, all Redemption Orders of the Authorized Participant shall be accepted by the Sponsor and the Order Examiner and shall be accepted when submitted in good form. The day on which the Marketing Transfer Agent receives a valid Redemption Order, as approved by the Order Examiner, is the “Redemption Order Date”. .” By placing a Redemption Order, an Authorized Purchaser Participant agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified cash indicated in the Redemption Order Form (see Exhibit B)to the Trust’s account with BNY Mellon not later than 2:00 p.m. ET, or another time as determined by the Sponsor. Failure to consummate (1) and (2) above such delivery shall result in the cancellation of the order. The number , and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale Participant shall have no liability in respect thereto other than for reimbursement of Unitsreasonable costs directly related to the cancellation. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser Participant must also have wired to the Fund’s account at the Custodian Transfer Agent the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of Once a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is accepted by the Sponsor, the Authorized Participant cannot cancel that Redemption Order. Under certain circumstances, the Sponsor, in proportion its sole discretion, may limit Authorized Participants to place redemption orders if Bitcoin Counterparties are not able to provide sufficient bitcoin liquidity to the total number of Units outstanding Trust. To effectuate a redemption order via a cash transaction, the Authorized Participant will be required to prefund a cash amount determined by the Sponsor to the Trust’s account with the Transfer Agent no later than 2:00 pm ET on the sell order date or at another time as determined by the order is receivedSponsor. Upon receipt of the required cash indicated in the Redemption Order, the Sponsor, on behalf of the Trust, will instruct the Bitcoin Counterparty to convert this bitcoin into cash by effectuating a bitcoin sale executed, in the Sponsor’s reasonable efforts, at the Index price used by the Trust to calculate NAV, and deposit the cash proceeds of such sale in the Trust’s account with the Cash Custodian for settlement with the Authorized Participant (taking into account any spread, commission, or other trading costs). Once the Sponsor determines that the Shares have been received in the Trust’s DTC account, the Sponsor to authorizes the Bitcoin Custodian to transfer the redemption bitcoin amount from the Trust’s Bitcoin Custodian account to the Bitcoin Counterparty for conversion to cash to be distributed to the Authorized Participant upon settlement. The General PartnerSponsor, directly or in consultation with on behalf of the AdministratorTrust, will determine the requirements for Treasuries and/or instruct a Bitcoin Counterparty to sell the amount of cashbitcoin equivalent in value to the Redemption Basket associated with the Redemption Order, including with such purchase transaction prearranged to be executed, in the maximum permitted remaining maturity of a TreasurySponsor’s reasonable efforts, and at the proportions of Treasuries and cashIndex price used by the Trust to calculate NAV, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time taking into account any spread, commissions, or other trading costs on the applicable Redemption Order Date. Any slippage incurred (including, but not limited to, any trading fees, spreads, or commissions), on a cash equivalent basis, will be the responsibility of the Authorized Participant and not of the Trust or Sponsor. The redemption distribution and any cash pre-funded due from the Fund Trust is delivered to the Authorized Purchaser Participant on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, if the Fund’ s Trust’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to Redemption Order accepted by the extent Sponsor, and the Sponsor and Transfer Agent confirm that any outstanding Shares and cash due from the Authorized Participant has been settled with the Trust. The Sponsor, acting by itself or through BNY Mellon, or the Order Examiner may, in its discretion, suspend the right of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of redemption, or postpone the Redemption Distribution Date which subject to prior disclosure to the General Partner maypublic, from time in the case of (i), (iii) and (iv) together with amendment of the Registration Statement and notice as to timewhen redemptions will re-commence and, determine and in the remaining Baskets case of (ii) disclosure to the Authorized Participant of all changes to be redeemed are credited made to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may to cause it to be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership accepted as in proper form, (i) for any lossesperiod during which the Cboe BZX Exchange, if anyInc. (the “Exchange”) is closed other than customary weekend or holiday closings, due to such cancellationor trading on the Exchange is suspended or restricted; (ii) the order is not in proper form as determined by the Trust, including but not limited to BNY Mellon or the difference in the price of investments sold Order Examiner; (iii) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of bitcoin is not reasonably practicable; or (iv) for such other period as the redemption order and investments made Sponsor reasonably determines to reflect that such order has been cancelledbe necessary for the protection of shareholders. Pursuant to instruction from None of the General PartnerSponsor, the Custodian Order Examiner, or BNY Mellon will be liable to any person or in any way for any loss or damages that may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on result from any such terms as the General Partner may from time to time determinesuspension or postponement.

Appears in 1 contract

Samples: Authorized Participant Agreement (Ark 21Shares Bitcoin ETF)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders orders must be placed by 12:00 4:00 PM New York time or the close of regular trading on NYSE Arcathe American Stock Exchange, whichever is earlier. A Redemption Order redemption order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order redemption order is the “Redemption Order Date”redemption order date. By placing a Redemption Orderredemption order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket Baskets to be redeemed through DTC’s 's book-entry system to the Fund’s account with the Custodian Fund not later than 3:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the redemption order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Orderredemption order, the Authorized Purchaser must also have wired to the Fund’s 's account at the Custodian the non-refundable Transaction Fee due for the Redemption Orderredemption order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or and cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order redemption order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with through the Administrator, will determine the requirements for Treasuries and/or and the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after as of 4:00 p.m. PM New York time on the Redemption Order Dateredemption order date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date third Business Day following the redemption order date if, by 3:00 PM 9:00 AM New York time on such Redemption Distribution Datethird Business Day, the Fund’ s 's DTC account has been credited with the Baskets to be redeemed. If the Fund’s 's DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date redemption distribution date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s 's DTC account by 3:00 PM 9:00 AM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant The Custodian is also authorized to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s 's DTC account by 3:00 PM 9:00 AM New York time on the Redemption Distribution Date third Business Day following the redemption order date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s 's book entry system on such terms as the General Partner may from time to time determine. The General Partner may, in its discretion, suspend the right of redemption, or postpone the redemption settlement date, (1) for any period during which the American Stock Exchange or the New York Mercantile Exchange is closed other than customary weekend or holiday closings, or trading on the American Stock Exchange or the New York Mercantile Exchange is suspended or restricted, (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries or other assets of the Fund is not reasonably practicable, or (3) for such other period as the General Partner determines to be necessary for the protection of the holders of Units. None of the General Partner, the Marketing Agent, the Administrator or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 1 contract

Samples: Authorized Purchaser Agreement (United States Oil Fund, LP)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with (a) Any permitted redemption of the Marketing Agent Preferred Shares pursuant to redeem one Sections 3.3 or more Redemption Baskets in accordance with this Section 7 3.4 above shall be deemed to be effective and consummated (for purposes of determining the Formula Price and the Procedures. Redemption Orders must time at which Purchaser shall thereafter not be placed by 12:00 PM New York time or entitled to deliver a Notice of Conversion for the close of regular trading on NYSE ArcaPreferred Shares) as follows: (i) A redemption pursuant to Section 3.3, whichever is earlier. the “redemption date” specified therein; (ii) A Redemption Order so received is effective on redemption pursuant to Section 3.4(a), the date it of consummation of the applicable Sale Event; (iii) A redemption pursuant to Section 3.4(b), three (3) Business Days following the date of consummation of the applicable Financing (meaning closing and funding); and (iv) A redemption pursuant to Section 3.4(c), 40 days from the date of issuance of the Maximum Number of Shares unless shareholder approval to issue additional shares of Common Stock is received in satisfactory form obtained by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system Company prior to the Fund’s account with expiration of said 40 days. (v) A redemption pursuant to Section 3.4(d), three (3) Business Days following the Custodian not later than 3:00 PM New York time on the third Business Day following expiration of ten (10) Trading Days without registration of a sufficient number of shares. (b) On the effective date of a redemption of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, Preferred Shares as specified in Section 3.5(a) above, the Redemption Order Form Company shall deliver by wire transfer of funds the redemption price to Purchaser of the Preferred Shares subject to redemption. Should Purchaser not receive payment of any amounts due on redemption of its Preferred Shares by reason of the Company’s failure to make payment at the times prescribed above for any reason, the Company shall pay to the applicable holder on demand (see Exhibit B). Failure x) interest on the sums not paid when due at an annual rate equal to consummate the maximum lawful rate compounded at the end of each thirty (130) days, until the applicable holder is paid in full and (2y) above all costs of collection, including, but not limited to, reasonable attorneys’ fees and costs, whether or not suit or other formal proceedings are instituted. (c) The Company shall result select the Preferred Shares to be redeemed in the cancellation any redemption in which not all of the order. The number and type of contracts specified shall Preferred Shares are to be determined by redeemed so that the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result ratio of the Authorized Purchaser’s sale Preferred Shares of Units. Prior to the delivery of the each holder selected for redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of Preferred Shares owned by that holder shall be the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received same as the number ratio of Units all such Preferred Shares selected for redemption bears to the total of all then outstanding Preferred Shares. Should any Preferred Shares required to be redeemed under the Redemption Order is in proportion terms hereof not be redeemed solely by reason of limitations imposed by law, the applicable Preferred Shares shall be redeemed on the earliest possible dates thereafter to the total number maximum extent permitted by law. (d) Any Notice of Units outstanding Conversion delivered by Purchaser (including delivery via telecopy) to the Company prior to the effective date of a voluntary redemption pursuant to Section 3.3 or a mandatory redemption pursuant to Section 3.4 as specified in Section 3.5(a) above), shall be honored by the Company and the conversion of the Preferred Shares shall be deemed effected on the Conversion Date. In addition, between the effective date of a voluntary redemption pursuant to Section 3.3 or a mandatory redemption pursuant to Section 3.4 as specified in Section 3.5(a) above and the date the order Company is received. The General Partnerrequired to deliver the redemption proceeds in full to Purchaser, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount Purchaser may deliver a Notice of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered Conversion to the Authorized Company. Such notice will be (x) of no force or effect if the Company timely pays the redemption proceeds to Purchaser when due or (y) honored on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all or as of the Baskets date of the Notice of Conversion if the Company fails to be redeemed by such time, timely pay the redemption distribution is delivered proceeds to Purchaser when due. Additionally, in the extent of whole Baskets received. Any remainder event the Company fails to make full payment of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension price of the Redemption Distribution Date which Preferred Shares being redeemed by the General Partner maytenth (10) day following the notice of redemption, from time then the Company waives its right to time, determine and redeem any of the remaining Baskets to be redeemed are credited to then outstanding Preferred Shares, unless such redemption is approved by the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determinePurchaser.

Appears in 1 contract

Samples: Subscription and Securities Purchase Agreement (Next Inc/Tn)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlierRedemption Order Cut-off Time (as defined in Exhibit A hereto). A Redemption Order so received is effective on the date it is received in satisfactory form good order by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 12:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General PartnerSponsor, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General PartnerSponsor, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on an estimate of the Redemption Order Dateredemption distribution per basket as of the beginning of each business day. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding remaining amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant Authorized Purchaser will indemnify the Partnership Sponsor, the Trust and the Fund for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order Redemption Order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General PartnerSponsor, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner Sponsor may from time to time determine.

Appears in 1 contract

Samples: Authorized Purchaser Agreement (United States Commodity Index Funds Trust)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arcathe American Stock Exchange, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after as of 4:00 p.m. PM New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM 9:00 AM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determine. The General Partner may, in its discretion, suspend the right of redemption, or postpone the Redemption Distribution Date, (1) for any period during which the American Stock Exchange or the New York Mercantile Exchange is closed other than customary weekend or holiday closings, or trading on the American Stock Exchange or the New York Mercantile Exchange is suspended or restricted or (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries or other assets of the Fund is not reasonably practicable. None of the General Partner, the Marketing Agent, the Administrator or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 1 contract

Samples: Authorized Purchaser Agreement (United States 12 Month Oil Fund, LP)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Transfer Agent to redeem one or more Redemption Baskets of a Fund in accordance with this Section 7 8 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time the applicable Order Cutoff Time or the close of regular trading on NYSE Arcathe New York Stock Exchange, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Transfer Agent. The day on which the Marketing Transfer Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third end of next Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”)) or the end of such later Business Day, and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on not to exceed three Business Days after the Redemption Order Dateis placed, as specified in agreed to between the Authorized Purchaser and the Transfer Agent when the Redemption Order Form (see Exhibit B)is placed. Failure to consummate (1) and (2) above such delivery shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian submitted via CNS the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the a Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash, Treasury Securities or a combination of cash and Treasury Securities with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem Redemption Order is properly received as the number of Units Shares to be redeemed under the Redemption Order is in proportion to the total number of Units Shares outstanding on the date the order Order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, if the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of such timedate, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General PartnerSponsor, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner Sponsor may from time to time determine. The Sponsor may, in its discretion, suspend the right of redemption, or postpone the Redemption Distribution Date, (1) for any period during which the NYSE Arca, Inc. or the Chicago Board of Trade is closed other than customary weekend or holiday closings, or trading on the NYSE Arca, Inc. or the Chicago Board or Trade is suspended or restricted, (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries is not reasonably practicable, or (3) for such other period as the Sponsor determines to be necessary for the protection of shareholders. None of the Sponsor, the Distributor, or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 1 contract

Samples: Authorized Purchaser Agreement (Teucrium Commodity Trust)

Redemption Procedures. To the extent permitted under the Trust’s registration statement, an Authorized Participant may redeem a Basket via cash in accordance with Exhibit B hereto). The Authorized Participant shall have no obligation to submit a Redemption Order ever hereunder. On any Business Day, an Authorized Purchaser may Participant may, for itself as principal or as an agent for an Authorized Participant Client, place an order with the Marketing Transfer Agent to redeem one or more Redemption Baskets of the Trust in accordance with this Section 7 Agreement and the Procedures. Redemption Orders orders via cash transaction must be placed by 12:00 PM New York time p.m. ET, or the close of regular trading on NYSE Arcathe Exchange, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form or another time as determined by the Marketing AgentSponsor. Except as provided herein, all Redemption Orders of the Authorized Participant shall be accepted by the Sponsor and the Order Examiner and shall be accepted when submitted in good form. The day on which the Marketing Transfer Agent receives a valid Redemption Order, as approved by the Order Examiner, is the “Redemption Order Date”. .” By placing a Redemption Order, an Authorized Purchaser Participant agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified cash indicated in the Redemption Order Form (see Exhibit B)to the Trust’s account with BNY Mellon not later than 2:00 p.m. ET, or another time as determined by the Sponsor. Failure to consummate (1) and (2) above such delivery shall result in the cancellation of the order. The number , and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale Participant shall have no liability in respect thereto other than for reimbursement of Unitsreasonable costs directly related to the cancellation. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser Participant must also have wired to the Fund’s account at the Custodian Transfer Agent the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of Once a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is accepted by the Sponsor, the Authorized Participant cannot cancel that Redemption Order. Under certain circumstances, the Sponsor, in proportion its sole discretion, may limit Authorized Participants to place redemption orders if Ethereum Counterparties are not able to provide sufficient ethereum liquidity to the total number of Units outstanding Trust. To effectuate a redemption order via a cash transaction, the Authorized Participant will be required to prefund a cash amount determined by the Sponsor to the Trust’s account with the Transfer Agent no later than 2:00 pm ET on the sell order date or at another time as determined by the order is receivedSponsor. Upon receipt of the required cash indicated in the Redemption Order, the Sponsor, on behalf of the Trust, will instruct the Ethereum Counterparty to convert this ethereum into cash by effectuating a ethereum sale executed, in the Sponsor’s reasonable efforts, at the Index price used by the Trust to calculate NAV, and deposit the cash proceeds of such sale in the Trust’s account with the Cash Custodian for settlement with the Authorized Participant (taking into account any spread, commission, or other trading costs). Once the Sponsor determines that the Shares have been received in the Trust’s DTC account, the Sponsor to authorizes the Ethereum Custodian to transfer the redemption ethereum amount from the Trust’s Ethereum Custodian account to the Ethereum Counterparty for conversion to cash to be distributed to the Authorized Participant upon settlement. The General PartnerSponsor, directly or in consultation with on behalf of the AdministratorTrust, will determine the requirements for Treasuries and/or instruct a Ethereum Counterparty to sell the amount of cashethereum equivalent in value to the Redemption Basket associated with the Redemption Order, including with such purchase transaction prearranged to be executed, in the maximum permitted remaining maturity of a TreasurySponsor’s reasonable efforts, and at the proportions of Treasuries and cashIndex price used by the Trust to calculate NAV, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time taking into account any spread, commissions, or other trading costs on the applicable Redemption Order Date. Any slippage incurred (including, but not limited to, any trading fees, spreads, or commissions), on a cash equivalent basis, will be the responsibility of the Authorized Participant and not of the Trust or Sponsor. The redemption distribution and any cash pre-funded due from the Fund Trust is delivered to the Authorized Purchaser Participant on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, if the Fund’ s Trust’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to Redemption Order accepted by the extent Sponsor, and the Sponsor and Transfer Agent confirm that any outstanding Shares and cash due from the Authorized Participant has been settled with the Trust. The Sponsor, acting by itself or through BNY Mellon, or the Order Examiner may, in its discretion, suspend the right of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of redemption, or postpone the Redemption Distribution Date which subject to prior disclosure to the General Partner maypublic, from time in the case of (i), (iii) and (iv) together with amendment of the Registration Statement and notice as to timewhen redemptions will re-commence and, determine and in the remaining Baskets case of (ii) disclosure to the Authorized Participant of all changes to be redeemed are credited made to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may to cause it to be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership accepted as in proper form, (i) for any lossesperiod during which the Cboe BZX Exchange, if anyInc. (the “Exchange”) is closed other than customary weekend or holiday closings, due to such cancellationor trading on the Exchange is suspended or restricted; (ii) the order is not in proper form as determined by the Trust, including but not limited to BNY Mellon or the difference in the price of investments sold Order Examiner; (iii) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of ethereum is not reasonably practicable; or (iv) for such other period as the redemption order and investments made Sponsor reasonably determines to reflect that such order has been cancelledbe necessary for the protection of shareholders. Pursuant to instruction from None of the General PartnerSponsor, the Custodian Order Examiner, or BNY Mellon will be liable to any person or in any way for any loss or damages that may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on result from any such terms as the General Partner may from time to time determinesuspension or postponement.

Appears in 1 contract

Samples: Authorized Participant Agreement (21Shares Core Ethereum ETF)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arcathe American Stock Exchange, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after as of 4:00 p.m. PM New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM 9:00 AM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determine. The General Partner may, in its discretion, suspend the right of redemption, or postpone the Redemption Distribution Date, (1) for any period during which the American Stock Exchange or the New York Mercantile Exchange is closed other than customary weekend or holiday closings, or trading on the American Stock Exchange or the New York Mercantile Exchange is suspended or restricted or (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries or other assets of the Fund is not reasonably practicable. None of the General Partner, the Marketing Agent, the Administrator or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 1 contract

Samples: Marketing Agent Agreement (United States 12 Month Oil Fund, LP)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Transfer Agent to redeem one or more Redemption Baskets of a Fund in accordance with this Section 7 8 and the Procedures. Redemption Orders must be placed by 12:00 1:15 PM New York time or the close of regular trading on NYSE Arcathe New York Stock Exchange, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Transfer Agent. The day on which the Marketing Transfer Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third end of next Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”)) or the end of such later Business Day, and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on not to exceed three Business Days after the Redemption Order Dateis placed, as specified in agreed to between the Authorized Purchaser and the Transfer Agent when the Redemption Order Form (see Exhibit B)is placed. Failure to consummate (1) and (2) above such delivery shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian submitted via CNS the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the a Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem Redemption Order is properly received as the number of Units Shares to be redeemed under the Redemption Order is in proportion to the total number of Units Shares outstanding on the date the order Order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, if the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of such timedate, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner Sponsor may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General PartnerSponsor, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner Sponsor may from time to time determine. The Sponsor may, in its discretion, suspend the right of redemption, or postpone the Redemption Distribution Date, (1) for any period during which the NYSE Arca, Inc. or the Chicago Board of Trade is closed other than customary weekend or holiday closings, or trading on the NYSE Arca, Inc. or the Chicago Board or Trade is suspended or restricted, (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries is not reasonably practicable, or (3) for such other period as the Sponsor determines to be necessary for the protection of shareholders. None of the Sponsor, the Marketing Agent, or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 1 contract

Samples: Authorized Purchaser Agreement (Teucrium Commodity Trust)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order The Transfer Agent with the Marketing approval of the Fund shall establish procedures reasonably designed to insure that redemption requirements established by the Transfer Agent and agreed to by the Fund have been met, including the receipt and examination of stock certificates, endorsements, signature guarantees and obtaining any needed papers or documents, including properly completed Application, where lacking. More specifically: a. The Transfer Agent will accept redemption requests in written, telegraphic or telephonic form provided the necessary instructions and authorizations are reasonably believed by the Transfer Agent to redeem one or more Redemption Baskets be in accordance with this Section 7 good form. Generally, telephonic redemption requests will be repeated for confirmation to the person making the request, and upon voice confirmation by such person, will be recorded in a log kept for that purpose. b. Requests for the Procedures. Redemption Orders must redemption of shares not represented by certificates received and without signature guarantees will be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to honored only if: (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system applicable portion of the Application has been completed and the proceeds are forwarded to the Fund’s account with the Custodian not later than 3:00 PM New York time previously designated bank account, address, or other destination identified on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and Application; (2) if required by Expedited Redemption Authorization instructions filed at any time other than upon the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale original opening of a number Shareholder's account are filed on an appropriate form and type bear or reasonably appear to bear a signature guarantee; (3) Shareholder accounts in the name of futures contracts at the closing settlement price for such contracts joint tenants shall generally be handled on the Redemption Order Datebasis of jointly signed instructions and signature guarantees (where applicable) for any payments. c. The Transfer Agent will provide a means to record, as specified call up, and display on Cathode Ray tube or otherwise an appropriate symbol or other indication that redemption authorization instructions are on file and appear to be in the Redemption Order Form (see Exhibit B). Failure proper form. d. All redemption requests will be promptly reviewed to consummate insure: (1) and that there are sufficient shares available in the Shareholder's account; (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account applicable subscription check has not been credited with all returned to ADM or its agent and the applicable period of days has expired before using the funds for redemption (see above); (3) that no redemptions in accounts represented in whole or in part by certificates are effected without cancellation of an adequate number of certificate shares, if necessary. (4) that no signature guarantees shall be acceptable unless they reasonably appear to have been provided by a commercial bank or by a brokerage firm which is a member of the Baskets New York, American, Midwest, or Pacific Stock Exchanges, except as otherwise stated in the Prospectus or in instructions received from the Fund. e. Certificate acceptance and replacement: (1) Accept for redemption, certificates received for redemptions accompanied by what reasonably appears to be redeemed by such time, the redemption distribution is delivered Shareholder's instructions. (2) Furnish to the extent Shareholder, after with the policies and procedures established by the Fund and the Transfer Agent proper investigation and receipt of whole Baskets received. Any remainder necessary documentation for protection of the Fund, replacement certificates and dividend and redemption distribution is delivered on the next Business Day checks alleged to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner mayhave been lost, from time to timestolen, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any lossesdestroyed, if any, due to such cancellation, including but or not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determinereceived.

Appears in 1 contract

Samples: Transfer Agency Agreement (Hawaiian Tax Free Trust)

Redemption Procedures. On Immediately upon the action of the Board of Directors of the Company ordering the redemption of the Rights (or at such later time as the Board of Directors may establish for the effectiveness of such redemption) under Section 23.1, and without any Business Dayfurther action and without any notice, an Authorized Purchaser the right to exercise the Rights will terminate and the only right thereafter of the holders of Rights shall be to receive the Redemption Price for each Right so held. The Company shall promptly give (i) written notice to the Rights Agent of any such redemption (and until such written notice is received by the Rights Agent, the Rights Agent may place an order with presume conclusively that no such redemptions has occurred); and (ii) public notice of any such redemption; provided, however, that the Marketing failure to give, or any defect in, any such notice shall not affect the validity of such redemption. The Company shall promptly give, or cause the Rights Agent to redeem one or more Redemption Baskets in accordance give (if the Rights Agent is directed by written notice from the Company and provided with this Section 7 all necessary information and document), notice of such redemption to the Procedures. Redemption Orders must be placed holders of the then outstanding Rights by 12:00 PM New York time or mailing such notice to all such holders at their last addresses as they appear upon the close registry books of regular trading on NYSE Arcathe Rights Agent or, whichever is earlier. A Redemption Order so received is effective prior to the Distribution Date, on the date it registry books of the transfer agent for the Common Shares; provided, however, that the failure to give, or any defect in, any such notice shall not affect the validity of such redemption. Any notice which is received mailed in satisfactory form by the Marketing Agentmanner herein provided shall be deemed given, whether or not the holder receives the notice. The day on which the Marketing Agent receives a valid Redemption Order is the “Redemption Order Date”. By placing a Redemption OrderCompany may, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system at its option, discharge all of its obligations with respect to the Fund’s account with Rights by (i) issuing a press release announcing the Custodian not later than 3:00 PM New York time on manner of redemption of the third Business Day following the effective date Rights and (ii) mailing payment of the Redemption Order (“Redemption Distribution Date”), and (2) if required by Price to the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with registered holders of the Fund for the sale of a number and type of futures contracts Rights at the closing settlement price for such contracts their last addresses as they appear on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation registry books of the order. The number and type of contracts specified shall be determined by the General PartnerRights Agent or, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, on the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all registry books of the Baskets to transfer agent for the Common Shares, and upon such action, all outstanding Right Certificates shall be redeemed null and void without any further action by the Company. Each such time, notice of redemption shall state the redemption distribution is delivered to method by which the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension payment of the Redemption Distribution Date which Price will be made. Neither the General Partner mayCompany nor any of its Affiliates or Associates may redeem, from acquire or purchase for value any Rights at any time to timein any manner other than that specifically set forth in this Section 23 or in Section 27, determine and other than in connection with the remaining Baskets to be redeemed are credited purchase, acquisition or redemption of Common Shares prior to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determineDate.

Appears in 1 contract

Samples: Rights Agreement (Ballantyne Strong, Inc.)

Redemption Procedures. To the extent permitted under the Trust’s registration statement, an Authorized Participant may redeem a Basket via cash in accordance with Exhibit B hereto). The Authorized Participant shall have no obligation to submit a Redemption Order ever hereunder. On any Business Day, an Authorized Purchaser may Participant may, for itself as principal or as an agent for an Authorized Participant Client, place an order with the Marketing Transfer Agent to redeem one or more Redemption Baskets of the Trust in accordance with this Section 7 Agreement and the Procedures. Redemption Orders orders via cash transaction must be placed by 12:00 PM New York time 11:00 a.m. ET, or the close of regular trading on NYSE Arcathe Exchange, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form or another time as determined by the Marketing AgentSponsor. Except as provided herein, all Redemption Orders of the Authorized Participant shall be accepted by the Sponsor and the Order Examiner and shall be accepted when submitted in good form. The day on which the Marketing Transfer Agent receives a valid Redemption Order, as approved by the Order Examiner, is the “Redemption Order Date”. .” By placing a Redemption Order, an Authorized Purchaser Participant agrees to (1) deliver the Redemption Basket ETF shares to be redeemed through DTC’s book-entry system to the FundTrust’s account with the Custodian BNY Mellon not later than 3:00 PM New York 11:00 a.m. ET, or another time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required as determined by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B)Sponsor. Failure to consummate (1) and (2) above such delivery shall result in the cancellation of the order. The number , and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale Participant shall have no liability in respect thereto other than for reimbursement of Unitsreasonable costs directly related to the cancellation. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser Participant must also have wired to the Fund’s account at the Custodian Transfer Agent the non-refundable Transaction Fee due for the Redemption Order. The Once a Redemption Order is accepted by the Sponsor, the Authorized Participant cannot cancel that Redemption Order. Under certain circumstances, the Sponsor, in its sole discretion, may limit Authorized Participants to place redemption distribution from the Fund consists of a transfer orders if Bitcoin Counterparties are not able to provide sufficient bitcoin liquidity to the redeeming Trust. To effectuate a redemption order via a cash transaction, the Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in Participant will be required to prefund the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units Shares to be redeemed under to the Redemption Order is in proportion to Trust’s account with the Transfer Agent no later than 1:00 pm ET on the on the sell order date or at another time as determined by the Sponsor. Upon receipt of the total number of Units outstanding Shares representing the Baskets indicated in the redemption order, the Sponsor, on behalf of the date Trust, will instruct the order is receivedBitcoin Counterparty to convert this bitcoin into cash by effectuating a bitcoin sale executed, in the Sponsor’s reasonable efforts, at the Index price used by the Trust to calculate NAV, and deposit the cash proceeds of such sale in the Trust’s account with the Cash Custodian for settlement with the Authorized Participant (taking into account any spread, commission, or other trading costs). Once the Transfer Agent notifies the Sponsor that the Shares have been received in the Trust’s DTC account, the Transfer Agent instructs the Sponsor to authorize the Bitcoin Custodian to transfer the redemption bitcoin amount from the Trust’s Bitcoin Custodian account to the Bitcoin Counterparty for conversion to cash to be distributed to the Authorized Participant upon settlement. The General PartnerBitcoin Counterparty, directly or in consultation as a counterparty to the Trust, shall convert the bitcoin associated with the Administratorredemption order to cash for settlement with the Trust. Under most circumstances, this transfer of bitcoin will determine be made from the requirements for Treasuries and/or Trust’s Cold Vault Balance with the amount of cashBitcoin Custodian, including the maximum permitted remaining maturity of a Treasuryalthough in some circumstances, and the proportions of Treasuries and cash, that bitcoin may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Datetransferred from outside of cold storage. The redemption distribution due from the Fund Trust is delivered to the Authorized Purchaser Participant on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, if the Fund’ s Trust’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to Redemption Order accepted by the extent Sponsor, and the Sponsor and Transfer Agent confirm that any outstanding cash due from the Authorized Participant has been settled with the Trust. The Sponsor, acting by itself or through BNY Mellon, or the Order Examiner may, in its discretion, suspend the right of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of redemption, or postpone the Redemption Distribution Date which subject to prior disclosure to the General Partner maypublic, from time in the case of (i), (iii) and (iv) together with amendment of the Registration Statement and notice as to timewhen redemptions will re-commence and, determine and in the remaining Baskets case of (ii) disclosure to the Authorized Participant of all changes to be redeemed are credited made to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may to cause it to be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership accepted as in proper form, (i) for any lossesperiod during which the Cboe BZX Exchange, if anyInc. (the “Exchange”) is closed other than customary weekend or holiday closings, due to such cancellationor trading on the Exchange is suspended or restricted; (ii) the order is not in proper form as determined by the Trust, including but not limited to BNY Mellon or the difference in the price of investments sold Order Examiner; (iii) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of bitcoin is not reasonably practicable; or (iv) for such other period as the redemption order and investments made Sponsor reasonably determines to reflect that such order has been cancelledbe necessary for the protection of shareholders. Pursuant to instruction from None of the General PartnerSponsor, the Custodian Order Examiner, or BNY Mellon will be liable to any person or in any way for any loss or damages that may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on result from any such terms as the General Partner may from time to time determinesuspension or postponement.

Appears in 1 contract

Samples: Authorized Participant Agreement (Ark 21Shares Bitcoin ETF)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order with the Marketing Agent to redeem one or more Redemption Baskets in accordance with this Section 7 and the Procedures. Redemption Orders orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arcathe American Stock Exchange, whichever is earlier. A Redemption Order redemption order so received is effective on the date it is received in satisfactory form by the Marketing Agent. The day on which the Marketing Agent receives a valid Redemption Order redemption order is the “Redemption Order Date”redemption order date. By placing a Redemption Orderredemption order, an Authorized Purchaser agrees to (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system to the Fund’s account with the Custodian not later than 3:00 PM New York time on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and (2) if required by the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale of a number and type of futures contracts at the closing settlement price for such contracts on the Redemption Order Date, as specified in the Redemption Order Form (see Exhibit B). Failure to consummate (1) and (2) above shall result in the cancellation of the redemption order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Orderredemption order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Orderredemption order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order redemption order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after as of 4:00 p.m. PM New York time on the Redemption Order Dateredemption order date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date third Business Day following the redemption order date if, by 3:00 PM New York time on such Redemption Distribution Datethird Business Day, the Fund’ s ’s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by such time, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date redemption distribution date which the General Partner may, from time to time, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM 9:00 AM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any losses, if any, due to such cancellation, including but not limited to the difference in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date third Business Day following the redemption order date if the Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determine. The General Partner may, in its discretion, suspend the right of redemption, or postpone the redemption settlement date, (1) for any period during which the American Stock Exchange or the New York Mercantile Exchange is closed other than customary weekend or holiday closings, or trading on the American Stock Exchange or the New York Mercantile Exchange is suspended or restricted, (2) for any period during which an emergency exists as a result of which delivery, disposal or evaluation of Treasuries or other assets of the Fund is not reasonably practicable, or (3) for such other period as the General Partner determines to be necessary for the protection of the limited partners. None of the General Partner, the Marketing Agent, the Administrator or the Custodian will be liable to any person or in any way for any loss or damages that may result from any such suspension or postponement.

Appears in 1 contract

Samples: Authorized Purchaser Agreement (United States Natural Gas Fund, LP)

Redemption Procedures. On any Business Day, an Authorized Purchaser may place an order ADM with the Marketing Agent approval of the Trust shall establish procedures reasonably designed to redeem one or more Redemption Baskets in accordance with this Section 7 insure that redemption requirements established by ADM and the Procedures. Redemption Orders must be placed by 12:00 PM New York time or the close of regular trading on NYSE Arca, whichever is earlier. A Redemption Order so received is effective on the date it is received in satisfactory form agreed to by the Marketing AgentTrust have been met, including signature guarantees and obtaining any needed papers or documents, including properly completed Applications, where lacking. The day on which More specifically: a. ADM will accept redemption requests in written, telegraphic, facsimile ("Fax") or telephonic form provided the Marketing Agent receives necessary instructions and authorizations are reasonably believed by ADM to be in good form. Generally, telephonic redemption requests will be repeated for confirmation to the person making the request, and upon voice confirmation by such person, will be recorded in a valid Redemption Order is log kept for that purpose. b. Requests for the “Redemption Order Date”. By placing a Redemption Order, an Authorized Purchaser agrees to redemption of shares received without signature guarantees will be honored only if: (1) deliver the Redemption Basket to be redeemed through DTC’s book-entry system applicable portion of the Application has been completed and the proceeds are forwarded to the Fund’s account with the Custodian not later than 3:00 PM New York time previously designated bank account, address, or other destination identified on the third Business Day following the effective date of the Redemption Order (“Redemption Distribution Date”), and Application; (2) if required by Expedited Redemption Authorization instructions filed at any time other than upon the General Partner in its sole discretion, enter into or arrange for a block trade, an exchange for physical or exchange for swap, or any other over-the-counter energy transaction (through itself or a designated acceptable broker) with the Fund for the sale original opening of a number Shareholder's account are filed on an appropriate form and type bear or reasonably appear to bear a signature guarantee; (3) Shareholder accounts in the name of futures contracts at the closing settlement price for such contracts joint tenants shall generally be handled on the Redemption Order Datebasis of jointly signed instructions and signature guarantees (where applicable) for any payments. c. ADM will provide a means to record, as specified retrieve, and display on a monitor or otherwise an appropriate symbol or other indication that redemption authorization instructions are on file and appear to be in the Redemption Order Form (see Exhibit B). Failure proper form. d. All redemption requests will be promptly reviewed to consummate insure: (1) and that there are sufficient shares available in the Shareholder's account: (2) above shall result in the cancellation of the order. The number and type of contracts specified shall be determined by the General Partner, in its sole discretion, to meet the Fund’s investment objective and shall be sold as a result of the Authorized Purchaser’s sale of Units. Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Purchaser must also have wired to the Fund’s account at the Custodian the non-refundable Transaction Fee due for the Redemption Order. The redemption distribution from the Fund consists of a transfer to the redeeming Authorized Purchaser of an amount of Treasuries and/or cash with a value that is in the same proportion to the total assets of the Fund (net of estimated accrued but unpaid fees, expenses and other liabilities) on the date the order to redeem is properly received as the number of Units to be redeemed under the Redemption Order is in proportion to the total number of Units outstanding on the date the order is received. The General Partner, directly or in consultation with the Administrator, will determine the requirements for Treasuries and/or the amount of cash, including the maximum permitted remaining maturity of a Treasury, and the proportions of Treasuries and cash, that may be included in distributions to redeem Baskets. The Marketing Agent will publish such requirements shortly after 4:00 p.m. New York time on the Redemption Order Date. The redemption distribution due from the Fund is delivered to the Authorized Purchaser on the Redemption Distribution Date if, by 3:00 PM New York time on such Redemption Distribution Date, the Fund’ s DTC account has been credited with the Baskets to be redeemed. If the Fund’s DTC account applicable subscription check has not been credited with all returned to ADM or its agent and the applicable period of days has expired before using the funds for redemption (see above): (3) that no signature guarantees shall be acceptable unless they reasonably appear to have been provided by a commercial bank, a member of the Baskets to be redeemed Securities Transfer Agent Medallion Program ("STAMP") Stock Exchange Medallion Program ("SEMP") or the New York Stock Exchange, Inc. Medallion Signature Program ("MSP"), or by such time, the redemption distribution a brokerage firm which is delivered to the extent of whole Baskets received. Any remainder a member of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the General Partner mayNew York, from time to timeAmerican, determine and the remaining Baskets to be redeemed are credited to the Fund’s DTC account by 3:00 PM New York time on such next Business Day. Any further outstanding amount of the Redemption Order may be cancelled at the election of the General Partner. Any further remaining amount of the redemption order shall be cancelled and the Participant will indemnify the Partnership for any lossesMidwest, if anyor Pacific Stock Exchanges, due to such cancellation, including but not limited to the difference except as otherwise stated in the price of investments sold as a result of the redemption order and investments made to reflect that such order has been cancelled. Pursuant to instruction Prospectus or in instructions received from the General Partner, the Custodian may also deliver the redemption distribution notwithstanding that the Baskets to be redeemed are not credited to the Fund’s DTC account by 3:00 PM New York time on the Redemption Distribution Date if the an Authorized Purchaser has collateralized its obligation to deliver the Baskets through DTC’s book entry system on such terms as the General Partner may from time to time determinePerson.

Appears in 1 contract

Samples: Transfer Agency Agreement (Pacific Capital Funds)

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