Responsibilities of the Depositor. In connection with the issue of the Trust Capital Securities, the Depositor shall have the exclusive right and responsibility to engage in the following activities:
Responsibilities of the Depositor. In connection with the issue and sale of the Up-MACRO Tradeable Shares, the Depositor shall have the exclusive right and responsibility to engage in the following activities:
Responsibilities of the Depositor. (a) In connection with the issue and sale of the Preferred Securities, the Depositor is hereby appointed an agent of the Trust pursuant to Section 3806(b)(7) of the Delaware Business Trust Act and in such capacity shall have the exclusive right and responsibility to engage in the following activities (and any actions taken by the Depositor in furtherance of the following acts prior to the date of this Agreement are hereby ratified and confirmed in all respects):
Responsibilities of the Depositor. In connection with the issue and sale of the Preferred Securities, the Depositor is hereby appointed an agent of the Trust pursuant to Section 3806(b)(7) of the Business Trust Act and in such capacity shall have the exclusive right and responsibility to engage in the following activities: to prepare a prospectus relating to the offering of Preferred Securities by the Trust and to prepare for filing by the Trust with the Commission, and execute on behalf of the Trust, a registration statement on Form S--3 or on another appropriate form (including, if appropriate, a registration statement under Rule 462(b) of the Securities Act) and any pre--effective or post--effective amendments thereto, relating to the registration under the Securities Act of the Preferred Securities; to determine the States in which to take appropriate action to qualify or register for sale all or part of the Preferred Securities and to do any and all such acts, other than actions which must be taken by the Trust, and advise the Trust of actions it must take, and prepare for execution and filing any documents to be executed and filed by the Trust, as the Depositor deems necessary or advisable in order to comply with the applicable laws of any such States; to negotiate the terms of, and execute on behalf of the Trust, the Purchase Agreement providing for the sale of the Preferred Securities; and to execute and deliver letters, documents or instruments on behalf of the Trust with any Clearing Agency. The Depositor must exercise the powers set forth in this Section 2.10 in a manner that is consistent with the purposes and functions of the Trust set out in Section 2.6, and the Depositor shall not take any action that is inconsistent with the purposes and functions of the Trust set forth in Section 2.6. Subject to this Section 2.10, the Depositor shall have none of the powers or the authority of the Property Trustee set forth in Article 8.
