Reliance on Procedures. Except for those who have provided Transfer Applications to the General Partner, so long as Cede & Co., as nominee of the Depository, is the registered owner of Units, references herein to the registered or record owners of Units shall mean Cede & Co. and shall not mean the Beneficial Owners of Units. Beneficial Owners of Units will not be entitled to have Units registered in their names, will not receive or be entitled to receive physical delivery of certificates in definitive form and will not be considered the record or registered holder of Units under this Agreement. Accordingly, to exercise any rights of a holder of Units under the Agreement, a Beneficial Owner must rely on the procedures of the Depository and, if such Beneficial Owner is not a DTC Participant, on the procedures of each DTC Participant or Indirect Participant through which such Beneficial Owner holds its interests. The Partnership and the General Partner understand that under existing industry practice, if the Partnership requests any action of a Beneficial Owner, or a Beneficial Owner desires to take any action that the Depository, as the record owner of all outstanding Units, is entitled to take, the Depository will notify the DTC Participants regarding such request, such DTC Participants will in turn notify each Indirect Participant holding Units through it, with each successive Indirect Participant continuing to notify each person holding Units through it until the request has reached the Beneficial Owner, and in the case of a request or authorization to act that is being sought or given by a Beneficial Owner, such request or authorization is given by the Beneficial Owner and relayed back to the Partnership through each Indirect Participant and DTC Participant through which the Beneficial Owner’s interest in the Units is held.
Appears in 36 contracts
Samples: www.sec.gov, United States Brent Oil Fund, LP, United States 12 Month Oil Fund, LP
Reliance on Procedures. Except for those who have provided Transfer Applications to the General Partner, so So long as Cede & Co., as nominee of the Depository, is the registered owner of Unitsthe Shares, references herein to the registered or record owners of Units the Shares shall mean Cede & Co. and shall not mean the Beneficial Owners of UnitsShares. Beneficial Owners of Units Shares will not be entitled to have Units Shares registered in their names, will not receive or be entitled to receive physical delivery of certificates in definitive form and will not be considered the record or registered holder of Units Shares under this Trust Agreement. Accordingly, to exercise any rights of a holder of Units Shares under the this Trust Agreement, a Beneficial Owner must rely on the procedures of the Depository and, if such Beneficial Owner is not a DTC Participant, on the procedures of each DTC Participant or Indirect Participant through which such Beneficial Owner holds its interests. The Partnership Trust and the General Partner Manager understand that under existing industry practice, if the Partnership Trust requests any action of a Beneficial Owner, or a Beneficial Owner desires to take any action that the Depository, as the record owner of all outstanding UnitsShares, is entitled to take, the Depository will notify the DTC Participants regarding such request, such DTC Participants will in turn notify each Indirect Participant holding Units Shares through it, with each successive Indirect Participant continuing to notify each person holding Units Shares through it until the request has reached the Beneficial Owner, and in the case of a request or authorization to act that is being sought or given by a Beneficial Owner, such request or authorization is given by the Beneficial Owner and relayed back to the Partnership Trust through each Indirect Participant and DTC Participant through which the Beneficial Owner’s interest in the Units Shares is held.
Appears in 8 contracts
Samples: Trust Agreement (Nuveen Diversified Commodity Fund), Trust Agreement (Nuveen Long/Short Commodity Total Return Fund), Trust Agreement (Nuveen Long/Short Commodity Total Return Fund)
Reliance on Procedures. Except for those who have provided Transfer Applications to the General Partner, so So long as Cede & Co., as nominee of the Depository, is the registered owner of Units, references herein to the registered or record owners of Units shall mean Cede & Co. and shall not mean the Beneficial Owners of Units. Beneficial Owners of Units will not be entitled to have Units registered in their names, will not receive or be entitled to receive physical delivery of certificates in definitive form and will not be considered the record or registered holder of Units under this Trust Agreement. Accordingly, to exercise any rights of a holder of Units under the this Trust Agreement, a Beneficial Owner must rely on the procedures of the Depository and, if such Beneficial Owner is not a DTC Direct Participant, on the procedures of each DTC Direct Participant or Indirect Participant through which such Beneficial Owner holds its interests. The Partnership Trust and the General Partner Managing Owner understand that under existing industry practice, if the Partnership Trust requests any action of a Beneficial Owner, or a Beneficial Owner desires to take any action that the Depository, as the record owner of all outstanding Units, is entitled to take, in the case of a Trustee request, the Depository will notify the DTC Direct Participants regarding such request, such DTC Direct Participants will in turn notify each Indirect Participant holding Units through it, with each successive Indirect Participant continuing to notify each person holding Units through it until the request has reached the Beneficial Owner, and in the case of a request or authorization to act that is being sought or given by a Beneficial Owner, such request or authorization is given by the Beneficial Owner and relayed back to the Partnership Trust through each Indirect Participant and DTC Direct Participant through which the Beneficial Owner’s interest in the Units is held.
Appears in 5 contracts
Samples: Trust and Trust Agreement (FactorShares 2X: S&P500 Bull/TBond Bear), Trust and Trust Agreement (FactorShares 2X: Gold Bull/S&p500 Bear), Trust and Trust Agreement (FactorShares 2X: TBond Bull/S&p500 Bear)
Reliance on Procedures. Except for those who have provided Transfer Applications to the General Partner, so So long as Cede & Co., as nominee of the Depository, is the registered owner of UnitsShares, references herein to the registered or record owners of Units Shares shall mean Cede & Co. and shall not mean the Beneficial Owners of UnitsOwners. Beneficial Owners of Units will not be entitled to have Units Shares registered in their names, will not receive or be entitled to receive physical delivery of certificates in definitive form and will not be considered the record or registered holder of Units Shares under this Trust Agreement. Accordingly, to exercise any rights of a holder of Units Shares under the Agreement, a Beneficial Owner must rely on the procedures of the Depository and, if such Beneficial Owner is not a DTC Participant, on the procedures of each DTC Participant or Indirect Participant through which such Beneficial Owner holds its interests. The Partnership Trust and the General Partner Sponsor understand that under existing industry practice, if the Partnership Trust requests any action of a Beneficial Owner, or a Beneficial Owner desires to take any action that the Depository, as the record owner of all outstanding UnitsShares, is entitled to take, in the case of a Trust request, the Depository will notify the DTC Participants regarding such request, such DTC Participants will in turn notify each Indirect Participant holding Units Shares through it, with each successive Indirect Participant continuing to notify each person holding Units Shares through it until the request has reached the Beneficial Owner, and in the case of a request or authorization to act that is being sought or given by a Beneficial Owner, such request or authorization is given by the Beneficial Owner and relayed back to the Partnership Trust through each Indirect Participant and DTC Participant through which the Beneficial Owner’s interest in the Units Shares is held.
Appears in 4 contracts
Samples: Trust Agreement (WisdomTree Coal Fund), Trust Agreement (GreenHaven Coal Fund), Trust Agreement (GreenHaven Coal Fund)
Reliance on Procedures. Except for those who have provided Transfer Applications to the General Partner, so long as Cede & Co., as nominee of the Depository, is the registered owner of Units, references herein to the registered or record owners of Units shall mean Cede & Co. and shall not mean the Beneficial Owners of Units. Beneficial Owners of Units will not be entitled to have Units registered in their names, will not receive or be entitled to receive physical delivery of certificates in definitive form and will not be considered the record or registered holder of Units under this Agreement. Accordingly, to exercise any rights of a holder of Units under the Agreement, a Beneficial Owner must rely on the procedures of the Depository and, if such Beneficial Owner is not a DTC Participant, on the procedures of each DTC Participant or Indirect Participant through which such Beneficial Owner holds its interests. The Partnership and the General Partner understand that under existing industry practice, if the Partnership requests any action of a Beneficial Owner, or a Beneficial Owner desires to take any action that the Depository, as the record owner of all outstanding Units, is entitled to take, in the case of a Trustee request, the Depository will notify the DTC Participants regarding such request, such DTC Participants will in turn notify each Indirect Participant holding Units through it, with each successive Indirect Participant continuing to notify each person holding Units through it until the request has reached the Beneficial Owner, and in the case of a request or authorization to act that is being sought or given by a Beneficial Owner, such request or authorization is given by the Beneficial Owner and relayed back to the Partnership through each Indirect Participant and DTC Participant through which the Beneficial Owner’s interest in the Units is held.
Appears in 4 contracts
Samples: United States Oil Fund, LP, United States Oil Fund, LP, United States Oil Fund, LP
Reliance on Procedures. Except for those who have provided Transfer Applications to the General Partner, so So long as Cede & Co., as nominee of the Depository, is the registered owner of UnitsShares, references herein to the registered or record owners of Units Shares shall mean Cede & Co. and shall not mean the Beneficial Owners of UnitsShares. Beneficial Owners of Units Shares will not be entitled to have Units Shares registered in their names, will not receive or be entitled to receive physical delivery of certificates in definitive form and will not be considered the record or registered holder of Units Shares under this Trust Agreement. Accordingly, to exercise any rights of a holder of Units Shares under the this Trust Agreement, a Beneficial Owner must rely on the procedures of the Depository and, if such Beneficial Owner is not a DTC Participant, on the procedures of each DTC Participant or Indirect DTC Participant through which such Beneficial Owner holds its interests. The Partnership Trust and the General Partner Sponsor understand that under existing industry practice, if the Partnership Trust or any Fund requests any action of a Beneficial Owner, or a Beneficial Owner desires to take any action that the Depository, as the record owner of all outstanding UnitsShares of such Fund, is entitled to take, in the case of a Trustee request, the Depository will notify the DTC Participants regarding such request, and such DTC Participants will in turn notify each Indirect DTC Participant holding Units Shares through it, it with each successive Indirect DTC Participant continuing to notify each person Person holding Units Shares through it until the request has reached the Beneficial Owner, and in the case of a request or authorization to act that is being sought or given by a Beneficial Owner, such request or authorization is given by the Beneficial Owner and relayed back to the Partnership Trust or such Fund through each Indirect DTC Participant and DTC Participant through which the Beneficial Owner’s interest in the Units Shares is held.
Appears in 3 contracts
Samples: Trust Agreement (AccuShares Trust I), Trust Agreement (AccuShares Commodities Trust I), Trust Agreement (AccuShares Commodities Trust I)
Reliance on Procedures. Except for those who have provided Transfer Applications to the General Partner, so So long as Cede & Co., as nominee of the Depository, is the registered owner of UnitsShares, references herein to the registered or record owners of Units Shares shall mean Cede & Co. and shall not mean the Beneficial Owners of UnitsShares. Beneficial Owners of Units Shares will not be entitled to have Units Shares registered in their names, will not receive or be entitled to receive physical delivery of certificates in definitive form and will not be considered the record or registered holder of Units Shares under this Trust Agreement. Accordingly, to exercise any rights of a holder of Units Shares under the this Trust Agreement, a Beneficial Owner must rely on the procedures of the Depository and, if such Beneficial Owner is not a DTC Participant, on the procedures of each DTC Participant or Indirect DTC Participant through which such Beneficial Owner holds its interests. The Partnership Trust and the General Partner Sponsor understand that under existing industry practice, if the Partnership Trust or any Fund requests any action of a Beneficial Owner, or a Beneficial Owner desires to take any action that the Depository, as the record owner of all outstanding UnitsShares of such Fund, is entitled to take, in the case of a Trustee request, the Depository will notify the DTC Participants regarding such request, such DTC Participants will in turn notify each Indirect DTC Participant holding Units Shares through it, with each successive Indirect DTC Participant continuing to notify each person holding Units Shares through it until the request has reached the Beneficial Owner, and in the case of a request or authorization to act that is being sought or given by a Beneficial Owner, such request or authorization is given by the Beneficial Owner and relayed back to the Partnership Trust or such Fund through each Indirect DTC Participant and DTC Participant through which the Beneficial Owner’s interest in the Units Shares is held.
Appears in 2 contracts
Samples: Trust Agreement (ETFS Collateralized Commodities Trust), Trust Agreement (ETFS Collateralized Commodities Trust)
Reliance on Procedures. Except for those who have provided Transfer Applications to the General Partner, so long as Cede & Co., as nominee of the Depository, is the registered owner of Units, references herein to the registered or record owners of Units shall mean Cede & Co. and shall not mean the Beneficial Owners of Units. Beneficial Owners of Units will not be entitled to have Units registered in their names, will not receive or be entitled to receive physical delivery of certificates in definitive form and will not be considered the record or registered holder of Units under this Agreement. Accordingly, to exercise any rights of a holder of Units under the Agreement, a Beneficial Owner must rely on the procedures of the Depository and, if such Beneficial Owner is not a DTC Participant, on the procedures of each DTC Participant or Indirect Participant through which such Beneficial Owner holds its interests. The Partnership and the General Partner understand that under existing industry practice, if the Partnership requests any action of a Beneficial Owner, or a Beneficial Owner desires to take any action that the Depository, as the record owner of all outstanding Units, is entitled to take, the Depository will notify the DTC Participants regarding such request, such DTC Participants will in turn notify each Indirect Participant holding Units through it, with each successive Indirect Participant continuing to notify each person holding Units through it until the request has reached the Beneficial Owner, and in the case of a request or authorization to act that is being sought or given by a Beneficial Owner, such request or authorization is given by the Beneficial Owner and relayed back to the Partnership through each Indirect Participant and DTC Participant through which the Beneficial Owner’s interest in the Units is held.
Appears in 1 contract
Samples: Limited Partnership Agreement (United States Natural Gas Fund, LP)
Reliance on Procedures. Except for those who have provided Transfer Applications to the General Partner, so So long as Cede & Co., as nominee of the Depository, is the registered owner of UnitsUnits of any Fund, references herein to the registered or record owners of Units of any Fund shall mean Cede & Co. and shall not mean the Beneficial Owners of Unitsthe applicable Units of any Fund. Beneficial Owners of Units of any Fund will not be entitled to have Units registered in their names, will not receive or be entitled to receive physical delivery of certificates in definitive form and will not be considered the record or registered holder of Units of any Fund under this Trust Agreement. Accordingly, to exercise any rights of a holder of Units of any Fund under the this Trust Agreement, a Beneficial Owner must rely on the procedures of the Depository and, if such Beneficial Owner is not a DTC Direct Participant, on the procedures of each DTC Direct Participant or Indirect Participant through which such Beneficial Owner holds its interests. The Partnership Trust and the General Partner Managing Owner understand that under existing industry practice, if the Partnership Trust or any Fund requests any action of a Beneficial Owner, or a Beneficial Owner desires to take any action that the Depository, as the record owner of all outstanding UnitsUnits of such Fund, is entitled to take, in the case of a Trustee request, the Depository will notify the DTC Direct Participants regarding such request, such DTC Direct Participants will in turn notify each Indirect Participant holding Units of any Fund through it, with each successive Indirect Participant continuing to notify each person holding Units of any Fund through it until the request has reached the Beneficial Owner, and in the case of a request or authorization to act that is being sought or given by a Beneficial Owner, such request or authorization is given by the Beneficial Owner and relayed back to the Partnership Trust or such Fund through each Indirect Participant and DTC Direct Participant through which the Beneficial Owner’s interest in the Units of such Fund is held.
Appears in 1 contract
Samples: Trust Agreement (STREAM S&P Dynamic Roll Global Commodities Fund)
Reliance on Procedures. Except for those who have provided Transfer Applications to the General Partner, so So long as Cede & Co., as nominee of the Depository, is the registered owner of Limited Units, references herein to the registered or record owners of Limited Units shall mean Cede & Co. and shall not mean the Beneficial Owners of Limited Units. Beneficial Owners of Limited Units will not be entitled to have Limited Units registered in their names, will not receive or be entitled to receive physical delivery of certificates in definitive form and will not be considered the record or registered holder of Limited Units under this Agreement. Accordingly, to exercise any rights of a holder of Limited Units under the Agreement, a Beneficial Owner must rely on the procedures of the Depository and, if such Beneficial Owner is not a DTC Participant, on the procedures of each DTC Participant or Indirect Participant through which such Beneficial Owner holds its interests. The Partnership Trust and the General Partner Managing Owner understand that under existing industry practice, if the Partnership Trust requests any action of a Beneficial Owner, or a Beneficial Owner desires to take any action that the Depository, as the record owner of all outstanding Limited Units, is entitled to take, in the case of a Trustee request, the Depository will notify the DTC Participants regarding such request, such DTC Participants will in turn notify each Indirect Participant holding Limited Units through it, with each successive Indirect Participant continuing to notify each person holding Limited Units through it until the request has reached the Beneficial Owner, and in the case of a request or authorization to act that is being sought or given by a Beneficial Owner, such request or authorization is given by the Beneficial Owner and relayed back to the Partnership Trust through each Indirect Participant and DTC Participant through which the Beneficial Owner’s interest in the Limited Units is held.
Appears in 1 contract
Samples: Declaration of Trust and Trust Agreement (GreenHaven Continuous Commodity Index Fund)
Reliance on Procedures. Except for those who have provided Transfer Applications to the General Partner, so long as Cede & Co., as nominee of the Depository, is the registered owner of Units, references herein to the registered or record owners of Units shall mean Cede & Co. and shall not mean the Beneficial Owners of Units. Beneficial Owners of Units will not be entitled to have Units registered in their names, will not receive or be entitled to receive physical delivery of certificates in definitive form and will not be considered the record or registered holder of Units under this Agreement. Accordingly, to exercise any rights of a holder of Units under the Agreement, a Beneficial Owner must rely on the procedures of the Depository and, if such Beneficial Owner is not a DTC Participant, on the procedures of each DTC Participant or Indirect Participant through which such Beneficial Owner holds its interests. The Partnership and the General Partner understand that under existing industry practice, if the Partnership requests any action of a Beneficial Owner, or a Beneficial Owner desires to take any action that the Depository, as the record owner of all outstanding Units, is entitled to take, in the case of a Trustee request, the Depository will notify the DTC Participants regarding such request, such DTC Participants will in turn notify each Indirect Participant holding Units through it, with each successive Indirect Participant continuing to notify each person holding Units through it until the request has reached the Beneficial Owner, and in the case of a request or authorization to act that is being sought or given by a Beneficial Owner, such request or authorization is given by the Beneficial Owner and relayed back to the Partnership through each Indirect Participant and DTC Participant through which the Beneficial Owner’s 's interest in the Units is held.
Appears in 1 contract
Samples: United States Oil Fund, LP
Reliance on Procedures. Except for those who have provided Transfer Applications to the General Partner, so So long as Cede & Co., as nominee of the Depository, is the registered owner of UnitsLimited Shares, references herein to the registered or record owners of Units Limited Shares shall mean Cede & Co. and shall not mean the DTC Participants, Indirect Participants, or Beneficial Owners of UnitsOwners. Beneficial Owners of Units will not be entitled to have Units Limited Shares registered in their names, will not receive or be entitled to receive physical delivery of certificates in definitive form and will not be considered the record or registered holder of Units Limited Shares under this Trust Agreement. Accordingly, to exercise any rights of as a holder of Units under the AgreementBeneficial Owner, a Beneficial Owner must rely on the procedures of the Depository andDepository, if such Beneficial Owner is not a DTC Participant, on the procedures of each DTC Participant or Indirect Participant Participant, as applicable, through which such Beneficial Owner holds its interestsBeneficial Interest. The Partnership Trust and the General Partner Sponsor understand that under existing industry practice, if the Partnership Trust requests any action of a Beneficial Limited Owner, or a Beneficial Limited Owner desires to take any action that the Depository, as the record owner of all outstanding UnitsLimited Shares, is entitled to take, in the case of a Trust request, the Depository will notify the DTC Participants regarding such request, such DTC Participants will in turn notify each Indirect Participant holding Units Beneficial Interests through it, with each successive Indirect Participant continuing to notify each person indirectly holding Units Beneficial Interests through it until the request has reached the ultimate Beneficial Owner, and in the case of a request or authorization to act that is being sought or given by a Beneficial Limited Owner, such request or authorization is given by the ultimate Beneficial Owner and relayed back to the Partnership Trust through each Indirect Participant and DTC Participant through which the such ultimate Beneficial Owner’s interest in the Units 's Beneficial Interest is held.
Appears in 1 contract
Samples: Declaration of Trust and Trust Agreement (AirShares(TM) EU Carbon Allowances Fund)