Common use of Representations, Warranties and Covenants of the Trustee Clause in Contracts

Representations, Warranties and Covenants of the Trustee. State Street Bank and Trust Company, N.A., in its capacity as initial Trustee under this Trust Agreement, hereby makes, and any successor Trustee by its appointment hereunder shall make, on the Closing Date (or on the applicable date of appointment), the following representations, warranties and covenants to the Down Trust (and agrees that the Depositor, the Administrative Agent and the Holders of the Down MacroShares may rely on each such representation, warranty and covenant):

Representations, Warranties and Covenants of the Trustee. State Street Bank and Trust Company, N.A., in its capacity as initial Trustee under this Trust Agreement, hereby makes, and any successor Trustee by its appointment hereunder shall make, on the Closing Date (or on the applicable date of appointment), the following representations, warranties and covenants to the Down Up Trust (and agrees that the Depositor, the Administrative Agent and the Holders of the Down Up MacroShares may rely on each such representation, warranty and covenant):

Representations, Warranties and Covenants of the Trustee. State Street Bank and Trust Company, N.A., in its capacity as initial Trustee under this Trust Agreement, hereby makes, and any successor Trustee by its appointment hereunder shall make, on the Closing Date (or on the applicable date of appointment), the following representations, warranties and covenants to the Down Up Trust (and agrees that the Depositor, the Administrative Agent and the Holders of the Down Up MacroShares may rely on each such representation, warranty and covenant):