Rights and Duties. The Unitholders shall have the following rights, powers, privileges, duties and liabilities: (a) The Unitholders shall have the right to obtain from the Sponsor the reports and information as are set forth in Article X and the list of Authorized Purchasers contemplated by Section 4.5(a)(i). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders under U.S. federal or state law. (b) The Unitholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement. (c) Except for the Unitholders’ redemption rights set forth in Article VIII hereof, Unitholders of a Fund shall have the right to demand the return of their capital only upon the dissolution and winding up of the applicable Fund or the Trust and only to the extent of funds available therefore. In no event shall a Unitholder of a Fund be entitled to demand property other than cash unless the Sponsor, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicable. No Unitholder of any Fund shall have priority over any other Unitholder of such Fund either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund shall have the right to bring an action for partition against the Trust or a Fund. (d) Unitholders, voting together as a single class, or, if the proposed change affects only certain Funds, of each affected Fund voting separately as a class, may vote to (i) approve the items set forth in 4.9(a), (ii) remove the Sponsor and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.1, (iv) continue the Trust as provided in Section 14.1(a), (v) terminate the Trust as provided in Section 14.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in federal law or regulations of rules on any exchange, any matter upon which the Unitholders vote shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units of the Trust or the applicable Fund, as the case may be. Except as expressly provided in this Trust Agreement, the Unitholders shall have no voting or other rights with respect to the Trust or any Fund.
Appears in 6 contracts
Samples: Declaration of Trust and Trust Agreement, Declaration of Trust and Trust Agreement (United States Commodity Index Funds Trust), Declaration of Trust and Trust Agreement (USCF Funds Trust)
Rights and Duties. The Unitholders Limited Shareholders shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders Limited Shareholders shall have the right to obtain from the Sponsor the reports and information as are set forth in Article X IX and the list of Authorized Purchasers Participants contemplated by Section 4.5(a)(i3.5(a)(i). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders Limited Shareholders under U.S. federal or state law.
(b) The Unitholders Limited Shareholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the UnitholdersLimited Shareholders’ redemption rights set forth in Article VIII VII hereof, Unitholders of a Fund Limited Shareholders shall have the right to demand the return of their capital only upon the dissolution and winding up of the applicable Fund or the Trust and only to the extent of funds available therefore. In no event shall a Unitholder of a Fund Limited Shareholder be entitled to demand property other than cash unless the Sponsor, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicableLimited Shareholders. No Unitholder of any Fund Limited Shareholder shall have priority over any other Unitholder of such Fund Limited Shareholder either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund Limited Shareholder shall have the right to bring an action for partition against the Trust or a Fund.
(d) UnitholdersLimited Shareholders, voting together as a single class, or, if the proposed change affects only certain Funds, of each affected Fund voting separately as a class, may vote to (i) approve continue the items set forth Trust as provided in 4.9(aSection 13.l(a), (ii) remove the Sponsor and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.111.1 hereof, and (iv) continue the Trust as provided in Section 14.1(a), (viii) terminate the Trust as provided in Section 14.1(e13.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in Delaware of federal law or regulations of rules on any exchange, any matter upon which the Unitholders Shareholders vote shall be approved by the affirmative vote of Unitholders Limited Shareholders holding Units Limited Shares representing at least 66 2/3% a majority (over 50%) of the outstanding Units Limited Shares of the Trust or the applicable a Fund, as the case may bemaybe. Except as expressly provided in this Trust Agreement, the Unitholders Limited Shareholders shall have no voting or other rights with respect to the Trust or any Fund.
Appears in 6 contracts
Samples: Trust Agreement (Tidal Commodities Trust I), Trust Agreement, Trust Agreement (Bitwise ETF Trust)
Rights and Duties. The Unitholders shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders shall have the right to obtain from the Sponsor the reports and information as are set forth in Article X and the list of Authorized Purchasers Participants contemplated by Section 4.5(a)(i). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders under U.S. federal or state law.
(b) The Unitholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the Unitholders’ redemption rights set forth in Article VIII hereof, Unitholders of a Fund shall have the right to demand the return of their capital only upon the dissolution and winding up of the applicable Fund or the Trust and only to the extent of funds available therefore. In no event shall a Unitholder of a Fund be entitled to demand property other than cash unless the Sponsor, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicable. No Unitholder of any Fund shall have priority over any other Unitholder of such Fund either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund shall have the right to bring an action for partition against the Trust or a Fund.
(d) Unitholders, voting together as a single class, or, if the proposed change affects only certain Funds, of each affected Fund voting separately as a class, may vote to (i) approve the items set forth in 4.9(a), (ii) remove the Sponsor and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.1, (iv) continue the Trust as provided in Section 14.1(a), (v) terminate the Trust as provided in Section 14.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in federal law or regulations of rules on any exchange, any matter upon which the Unitholders vote shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units of the Trust or the applicable Fund, as the case may be. Except as expressly provided in this Trust Agreement, the Unitholders shall have no voting or other rights with respect to the Trust or any Fund.
Appears in 5 contracts
Samples: Trust Agreement (Amplify Commodity Trust), Trust Agreement (Amplify Commodity Trust), Trust Agreement (ETF Managers Group Commodity Trust I)
Rights and Duties. The Unitholders Limited Owners shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders Limited Owners shall have the right to obtain from the Sponsor Managing Owner information on all things affecting the reports and information Trust, provided that such is for a purpose reasonably related to the Limited Owner’s interest as are set forth in Article X and a beneficial owner of the list of Authorized Purchasers contemplated by Section 4.5(a)(i). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders under U.S. federal or state lawTrust.
(b) The Unitholders Limited Owners shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the UnitholdersLimited Owners’ redemption rights set forth in Article VIII VII hereof, Unitholders of a Fund the Limited Owners shall have the right to demand the return of their capital Capital Account only upon the dissolution and winding up of the applicable Fund or the Trust and only to the extent of funds available thereforetherefor. In no event shall a Unitholder of a Fund Limited Owner be entitled to demand or receive property other than cash unless the Sponsorcash. Except with respect to class differences, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicable. No Unitholder of any Fund no Limited Owner shall have priority over any other Unitholder of such Fund Limited Owner either as to the return of capital or as to profits, losses or distributions. No Unitholder of The Limited Owners shall not have any Fund shall have the right to bring an action for partition against the Trust or a FundTrust.
(d) UnitholdersLimited Owners holding Units representing at least a majority (over 50%) in Net Asset Value (not including Units held by the Managing Owner and its Affiliates), voting together as a single class, or, if the proposed change affects only certain Funds, of each affected Fund voting separately as a class, may vote to (i) approve continue the items set forth Trust as provided in 4.9(aSection 13.1(a), (ii) remove the Sponsor Managing Owner on reasonable prior written notice to the Managing Owner, and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.1, (iv) continue the Trust as provided in Section 14.1(a), (v) terminate the Trust as provided in Section 14.1(e13.1(e), . Units held by the Managing Owner and (vi) its Affiliates shall be excluded in determining the event there is no Sponsor, elect the Liquidating Trustee above voting percentage. Except as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in federal law or regulations of rules on any exchange, any matter upon which the Unitholders vote shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units of the Trust or the applicable Fund, as the case may be. Except as expressly provided in this Trust Agreementabove, the Unitholders Limited Owners shall have no voting or other rights with respect to the Trust or any FundTrust.
Appears in 5 contracts
Samples: Declaration of Trust and Trust Agreement (FactorShares 2X: Gold Bull/S&p500 Bear), Declaration of Trust and Trust Agreement (FactorShares 2X: Oil Bull/S&p500 Bear), Declaration of Trust and Trust Agreement (FactorShares 2X: S&P500 Bull/TBond Bear)
Rights and Duties. The Unitholders Limited Shareholders shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders Limited Shareholders shall have the right to obtain from the Sponsor the reports and information as are set forth in Article X IX and the list of Authorized Purchasers Participants contemplated by Section 4.5(a)(i3.5(a)(i). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders Limited Shareholders under U.S. federal or state law.
(b) The Unitholders Limited Shareholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the UnitholdersLimited Shareholders’ redemption rights set forth in Article VIII VII hereof, Unitholders of a Fund Limited Shareholders shall have the right to demand the return of their capital only upon the dissolution and winding up of the applicable Fund or the Trust and only to the extent of funds available therefore. In no event shall a Unitholder of a Fund Limited Shareholder be entitled to demand property other than cash unless the Sponsor, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicableLimited Shareholders. No Unitholder of any Fund Limited Shareholder shall have priority over any other Unitholder of such Fund Limited Shareholder either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund Limited Shareholder shall have the right to bring an action for partition against the Trust or a Fund.
(d) UnitholdersLimited Shareholders, voting together as a single class, or, if the proposed change affects only certain Funds, of each affected Fund voting separately as a class, may vote to (i) approve continue the items set forth Trust as provided in 4.9(aSection 13.1(a), (ii) remove the Sponsor and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.111.1 hereof, and (iv) continue the Trust as provided in Section 14.1(a), (viii) terminate the Trust as provided in Section 14.1(e13.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in Delaware of federal law or regulations of rules on any exchange, any matter upon which the Unitholders Shareholders vote shall be approved by the affirmative vote of Unitholders Limited Shareholders holding Units Limited Shares representing at least 66 2/3% a majority (over 50%) of the outstanding Units Limited Shares of the Trust or the applicable a Fund, as the case may be. Except as expressly provided in this Trust Agreement, the Unitholders Limited Shareholders shall have no voting or other rights with respect to the Trust or any Fund.
Appears in 4 contracts
Samples: Declaration of Trust and Trust Agreement (Teucrium Commodity Trust), Declaration of Trust and Trust Agreement (Teucrium Commodity Trust), Declaration of Trust and Trust Agreement (Teucrium Commodity Trust)
Rights and Duties. The Unitholders Shareholders shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders Shareholders shall have the right to obtain from the Sponsor information regarding all things affecting the reports and information Trust, provided that such is for a purpose reasonably related to the Shareholders’ interest as are set forth in Article X and a beneficial owner of the list of Authorized Purchasers contemplated by Section 4.5(a)(i). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders under U.S. federal or state lawTrust.
(b) The Unitholders Shareholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the UnitholdersShareholders’ redemption rights set forth in Article VIII IX hereof, Unitholders of a Fund Shareholders shall have the right to demand the return of their capital account only upon the dissolution and winding up of the applicable Fund or the Trust and only to the extent of funds available thereforetherefor. In no event shall a Unitholder of a Fund Shareholder be entitled to demand or receive property other than cash unless the Sponsor, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicablecash. No Unitholder of any Fund Shareholder shall have priority over any other Unitholder of such Fund Shareholder either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund Shareholder shall have the right to bring an action for partition against the Trust or a FundTrust.
(d) Unitholders, voting together Except as a single class, or, if the proposed change affects only certain Funds, of each affected Fund voting separately as a class, may vote to (i) approve the items set forth in 4.9(a), (ii) remove the Sponsor and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.1, (iv) continue the Trust as provided in Section 14.1(a), (v) terminate the Trust as provided in Section 14.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in required under applicable U.S. federal law or under the rules or regulations of rules on any exchangean Exchange, any matter upon which the Unitholders vote Shareholders shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units have no voting rights hereunder (including with respect to mergers, consolidations or conversions of the Trust or transfers to or domestication in any jurisdiction by the applicable Fund, Trust or any other matters that under the Delaware Trust Statute default voting rights are provided to holders of beneficial interests). The Shareholders shall have the right to vote on other matters only as the case Sponsor may beconsider desirable and so authorize in its sole discretion. To the extent that U.S. federal or Delaware law is amended, modified or interpreted by rule, regulation, order, or no-action letter to (on a mandatory basis) expand, eliminate or limit Shareholders’ right to vote on any specific matter, the Shareholders’ right to vote shall be deemed to be amended, modified or interpreted in accordance therewith without further approval by the Sponsor or the Shareholders.
(e) No action may be brought by a Shareholder on behalf of the Trust unless Shareholders owning no less than a majority of the then outstanding Shares join in the bringing of such action. Except as expressly provided in this Trust Agreementset forth above, the Unitholders Shareholders shall have no voting or other rights with respect to the Trust or any FundTrust.
Appears in 4 contracts
Samples: Trust Agreement (WisdomTree Coal Fund), Trust Agreement (GreenHaven Coal Fund), Trust Agreement (GreenHaven Coal Fund)
Rights and Duties. The Unitholders Shareholders shall have the following rights, powers, privilegesduties, duties obligations, liabilities and liabilitiesresponsibilities:
(a) The Unitholders Shareholders shall have the right to obtain from the Sponsor information regarding all things affecting the reports and information Trust or the applicable Fund, provided that such is for a purpose reasonably related to the Shareholder’s interest as are set forth in Article X and a Beneficial Owner, including, without limitation, the list of Authorized Purchasers Participants contemplated by Section 4.5(a)(i)8.2 hereof. The foregoing rights are in addition Except as otherwise required by law, the Shareholders, however, shall not have any right to obtain any tax return filed by, or with respect to, and do not limit, other remedies available to Unitholders under U.S. federal the Trust or state lawany Fund.
(b) The Unitholders Shareholders shall receive the share of the distributions provided for in this Trust Agreement and any applicable Series Supplement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the UnitholdersShareholders’ redemption rights set forth in Article VIII IX hereof, Unitholders of a Fund Shareholders shall have the right to demand the return redemption of their capital Shares only upon the dissolution and winding up of the applicable Fund or the Trust and only to the extent of funds available thereforeTrust. In no event shall a Unitholder of a Fund Shareholder be entitled to demand or receive property other than cash unless in connection therewith. Except as otherwise provided by the Sponsor, as determined in its sole discretion, has specified property for distribution Formation Instrument with respect to all Unitholders of such a Fund, or the Trust, as applicable. No Unitholder of any Fund no Shareholder shall have priority over any other Unitholder of such Fund Shareholder either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund Shareholder shall have the right to bring an action for partition against the Trust or a Fund.
(d) Unitholders, voting together Except as a single class, or, if the proposed change affects only certain Funds, of each affected Fund voting separately as a class, may vote to (i) approve the items set forth in 4.9(a), (ii) remove the Sponsor and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.1, (iv) continue the Trust as provided in Section 14.1(a), (v) terminate the Trust as provided in Section 14.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in required under applicable U.S. federal law or under the rules or regulations of rules on any exchangethe Exchange, any matter upon which the Unitholders vote Shareholders shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units have no voting rights hereunder (including with respect to mergers, consolidations or conversions of the Trust or a Fund or transfers to or domestication in any jurisdiction by the Trust or any other matters for which under the DSTA voting rights are provided to holders of beneficial interests). The Shareholders shall have the right to vote on other matters only as the Sponsor may consider desirable and so authorize in its sole and absolute discretion. To the extent that U.S. federal or Delaware law is amended, modified or interpreted by rule, regulation, order, or no-action letter to (on a mandatory basis) expand, eliminate or limit Shareholders’ right to vote on any specific matter, the Shareholders’ right to vote shall be deemed to be amended, modified or interpreted in accordance therewith without further approval by the Sponsor or the Shareholders.
(e) No action may be brought by a Shareholder on behalf of the Trust or any Fund unless Shareholders owning no less than a majority of the then outstanding Shares of the applicable Fund or Funds, join in the bringing of such action. A Shareholder of Shares of a particular Fund shall not be entitled to participate in a derivative or class action lawsuit on behalf of any other Fund, as or on behalf of the case may be. Shareholders of any other Fund.
(f) Except as expressly provided in this Trust Agreementset forth above, the Unitholders Shareholders shall have no voting or other rights or powers with respect to the Trust or any Fund.
Appears in 3 contracts
Samples: Trust Agreement (AccuShares Trust I), Trust Agreement (AccuShares Commodities Trust I), Trust Agreement (AccuShares Commodities Trust I)
Rights and Duties. The Unitholders shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders shall have the right to obtain from the Sponsor the reports and information as are set forth in Article X and the list of Authorized Purchasers contemplated by Section 4.5(a)(i). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders under U.S. federal or state law.
(b) The Unitholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the Unitholders’ redemption rights set forth in Article VIII hereof, Unitholders of a Fund shall have the right to demand the return of their capital only upon the dissolution and winding up of the applicable Fund or the Trust and only to the extent of funds available therefore. In no event shall a Unitholder unitholder of a Fund be entitled to demand property other than cash unless the Sponsor, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicable. No Unitholder unitholder of any Fund shall have priority over any other Unitholder unitholder of such Fund either as to the return of capital or as to profits, losses or distributions. No Unitholder unitholder of any Fund shall have the right to bring an action for partition against the Trust or a Fund.
(d) Unitholders, voting together as a single class, or, if the proposed change affects only certain Funds, of each affected Fund voting separately as a class, may vote to (i) approve the items set forth in 4.9(a), (ii) remove the Sponsor and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.1, (iv) continue the Trust as provided in Section 14.1(a), (v) terminate the Trust as provided in Section 14.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in federal law or regulations of rules on any exchange, any matter upon which the Unitholders vote shall be approved by the affirmative vote of Unitholders holding Units units representing at least 66 2/3% of the outstanding Units units of the Trust or the applicable Fund, as the case may be. Except as expressly provided in this Trust Agreement, the Unitholders shall have no voting or other rights with respect to the Trust or any Fund.
Appears in 3 contracts
Samples: Declaration of Trust and Trust Agreement (United States Commodity Index Funds Trust), Declaration of Trust and Trust Agreement (United States Commodity Index Funds Trust), Declaration of Trust and Trust Agreement (United States Commodity Index Funds Trust)
Rights and Duties. The Unitholders Limited Owners shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders Limited Owners shall have the right to obtain from information of all things affecting the Sponsor Trust (or any Series thereof in which it holds an Interest), provided that such is for a purpose reasonably related to the Limited Owner’s interest as a beneficial owner of the Trust, including, without limitation, such reports and information as are set forth in Article X IX and such information as is set forth in Section 4.3(l) hereof. In the list event that the Managing Owner neglects or refuses to produce or mail to a Limited Owner a copy of Authorized Purchasers contemplated the information set forth in Section 4.3(l) hereof, the Managing Owner shall be liable to such Limited Owner for the costs, including reasonable attorney’s fees, incurred by Section 4.5(a)(isuch Limited Owner to compel the production of such information, and for any actual damages suffered by such Limited Owner as a result of such refusal or neglect; provided, however, it shall be a defense of the Managing Owner that the actual purpose of the Limited Owner’s request for such information was not reasonably related to the Limited Owner’s interest as a beneficial owner in the Trust (e.g., to secure such information in order to sell it, or to use the same for a commercial purpose unrelated to the participation of such Limited Owner in the Trust). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders Limited Owners under U.S. federal or state law.
(b) The Unitholders Limited Owners shall receive from the Series in which they hold Interests, the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the UnitholdersLimited Owners’ redemption rights set forth in Article VIII VII hereof or upon a mandatory redemption effected by the Managing Owner pursuant to Section 4.2(h) hereof, Unitholders of a Fund Limited Owners shall have the right to demand the return of their capital account only upon the dissolution and winding up of the applicable Fund or the Trust Series in which they hold Interests and only to the extent of funds available thereforetherefor. In no event shall a Unitholder of a Fund Limited Owner be entitled to demand or receive property other than cash unless the Sponsorcash. Except with respect to Series or class differences, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicable. No Unitholder of any Fund no Limited Owner shall have priority over any other Unitholder of such Fund Limited Owner either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund Limited Owner shall have the right to bring an action for partition against the Trust or a FundTrust.
(d) Unitholders, voting together as Limited Owners holding Interests representing at least a single class, or, if the proposed change affects only certain Funds, majority (over 50%) in Net Asset Value of each affected Fund Series (not including Interests held by the Managing Owner and its Affiliates, including the commodity broker) voting separately as a class, class may vote to (i) approve continue the items set forth Series as provided in 4.9(aSection 13.1(b), (ii) remove approve the Sponsor voluntary withdrawal of the Managing Owner and elect a successor Sponsor Managing Owner as provided in Section 4.10, (iii) remove the Managing Owner on reasonable prior written notice to the Managing Owner, (iv) elect and appoint one or more additional Managing Owners, or consent to such matters as are set forth in Section 5.2(b), (v) approve a material change in the trading policies of a Series, or the brokerage fees paid by a Series, as set forth in Section 5.12(e)the Prospectus, which change shall not be effective without the prior written approval of such majority, (iiivi) approve the termination of any agreement entered into between the Trust and the Managing Owner or any Affiliate of the Managing Owner for any reason, without penalty, (vii) approve amendments to this Trust Agreement as set forth in Section 12.111.1 hereof, and (ivviii) continue terminate the Trust Series as provided in Section 14.1(a13.1(g), and in the case of (iv), (v) terminate the Trust as provided in Section 14.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee each instance on 60 days’ prior written notice. Except as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in federal law or regulations of rules on any exchange, any matter upon which the Unitholders vote shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units of the Trust or the applicable Fund, as the case may be. Except as expressly provided in this Trust Agreementabove, the Unitholders Limited Owners shall have no voting or other rights with respect to the Trust. Prior to the exercise by the Limited Owners of the rights set forth in Section 8.2(d), the Trust will, if practicable, provide the Limited Owners with an opinion of independent legal counsel in each state where the Trust may be deemed to be conducting its business with respect to whether or any Fundnot such exercise would constitute such participation in the control of the Trust business as would adversely affect the Limited Owners limited liability under the laws of such state.
Appears in 3 contracts
Samples: Declaration of Trust and Trust Agreement (World Monitor Trust Ii Series E), Declaration of Trust and Trust Agreement (World Monitor Trust Ii Series D), Declaration of Trust and Trust Agreement (World Monitor Trust Ii Series F)
Rights and Duties. The Unitholders Limited Owners shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders Limited Owners shall have the right to obtain from information of all things affecting the Sponsor Trust (or any Series thereof in which it holds an Interest), provided that such is for a purpose reasonably related to the Limited Owner’s interest as a beneficial owner of the Trust, including, without limitation, such reports and information as are set forth in Article X IX and such information as is set forth in Section 4.3(l) hereof. In the list event that the Managing Owner neglects or refuses to produce or mail to a Limited Owner a copy of Authorized Purchasers contemplated the information set forth in Section 4.3(l) hereof, the Managing Owner shall be liable to such Limited Owner for the costs, including reasonable attorney’s fees, incurred by Section 4.5(a)(isuch Limited Owner to compel the production of such information, and for any actual damages suffered by such Limited Owner as a result of such refusal or neglect; provided, however, it shall be a defense of the Managing Owner that the actual purpose of the Limited Owner’s request for such information was not reasonably related to the Limited Owner’s interest as a beneficial owner in the Trust (e.g., to secure such information in order to sell it, or to use the same for a commercial purpose unrelated to the participation of such Limited Owner in the Trust). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders Limited Owners under U.S. federal or state law.
(b) The Unitholders Limited Owners shall receive from the Series in which they hold Interests, the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the UnitholdersLimited Owners’ redemption rights set forth in Article VIII VII hereof or upon a mandatory redemption effected by the Managing Owner pursuant to Section 4.2(h) hereof, Unitholders of a Fund Limited Owners shall have the right to demand the return of their capital account only upon the dissolution and winding up of the applicable Fund or the Trust Series in which they hold Interests and only to the extent of funds available thereforetherefor. In no event shall a Unitholder of a Fund Limited Owner be entitled to demand or receive property other than cash unless the Sponsorcash. Except with respect to Series or class differences, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicable. No Unitholder of any Fund no Limited Owner shall have priority over any other Unitholder of such Fund Limited Owner either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund Limited Owner shall have the right to bring an action for partition against the Trust or a FundTrust.
(d) Unitholders, voting together as Limited Owners holding Interests representing at least a single class, or, if the proposed change affects only certain Funds, majority (over 50%) in Net Asset Value of each affected Fund Series (not including Interests held by the Managing Owner and its Affiliates, including the commodity broker) voting separately as a class, class may vote to (i) approve continue the items set forth Series as provided in 4.9(aSection 13.1(b), (ii) remove approve the Sponsor voluntary withdrawal of the Managing Owner and elect a successor Sponsor Managing Owner as provided in Section 4.10, (iii) remove the Managing Owner on reasonable prior written notice to the Managing Owner, (iv) elect and appoint one or more additional Managing Owners or consent to such matters as are set forth in Section 5.2(b), (v) approve a material change in the trading policies of a Series, or the brokerage fees paid by a Series, as set forth in Section 5.12(e)the Prospectus, which change shall not be effective without the prior written approval of such majority, (iiivi) approve the termination of any agreement entered into between the Trust and the Managing Owner or any Affiliate of the Managing Owner for any reason, without penalty, (vii) approve amendments to this Trust Agreement as set forth in Section 12.111.1 hereof, and (ivviii) continue terminate the Trust Series as provided in Section 14.1(a13.1(g), and in the case of (iv), (v) terminate the Trust as provided in Section 14.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee each instance on sixty (60) days’ prior written notice. Except as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in federal law or regulations of rules on any exchange, any matter upon which the Unitholders vote shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units of the Trust or the applicable Fund, as the case may be. Except as expressly provided in this Trust Agreementabove, the Unitholders Limited Owners shall have no voting or other rights with respect to the Trust. Prior to the exercise by the Limited Owners of the rights set forth in Section 8.2(d), the Trust will, if practicable, provide the Limited Owners with an opinion of independent legal counsel in each state where the Trust may be deemed to be conducting its business with respect to whether or any Fundnot such exercise would constitute such participation in the control of the Trust business as would adversely affect the Limited Owners limited liability under the laws of such state.
Appears in 2 contracts
Samples: Declaration of Trust and Trust Agreement (World Monitor Trust Series B), Declaration of Trust and Trust Agreement (World Monitor Trust Series A)
Rights and Duties. The Unitholders Limited Owners shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders Limited Owners shall have the right to obtain from information of all things affecting the Sponsor Trust (or any Series thereof in which it holds an Interest), provided that such is for a purpose reasonably related to the Limited Owner's interest as a beneficial owner of the Trust, including, without limitation, such reports and information as are set forth in Article X IX and such information as is set forth in Section 4.3(l) hereof. In the list event that the Managing Owner neglects or refuses to produce or mail to a Limited Owner a copy of Authorized Purchasers contemplated the information set forth in Section 4.3(l) hereof, the Managing Owner shall be liable to such Limited Owner for the costs, including reasonable attorney's fees, incurred by Section 4.5(a)(isuch Limited Owner to compel the production of such information, and for any actual damages suffered by such Limited Owner as a result of such refusal or neglect; provided, however, it shall be a defense of the Managing Owner that the actual purpose of the Limited Owner's request for such information was not reasonably related to the Limited Owner's interest as a beneficial owner in the Trust (e.g., to secure such information in order to sell it, or to use the same for a commercial purpose unrelated to the participation of such Limited Owner in the Trust). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders Limited Owners under U.S. federal or state law.
(b) The Unitholders Limited Owners shall receive from the Series in which they hold Interests, the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the Unitholders’ Limited Owners' redemption rights set forth in Article VIII VII hereof or upon a mandatory redemption effected by the Managing Owner pursuant to Section 4.2(h) hereof, Unitholders of a Fund Limited Owners shall have the right to demand the return of their capital account only upon the dissolution and winding up of the applicable Fund or the Trust Series in which they hold Interests and only to the extent of funds available thereforetherefor. In no event shall a Unitholder of a Fund Limited Owner be entitled to demand or receive property other than cash unless the Sponsorcash. Except with respect to Series or class differences, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicable. No Unitholder of any Fund no Limited Owner shall have priority over any other Unitholder of such Fund Limited Owner either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund Limited Owner shall have the right to bring an action for partition against the Trust or a FundTrust.
(d) Unitholders, voting together as Limited Owners holding Interests representing at least a single class, or, if the proposed change affects only certain Funds, majority (over 50%) in Net Asset Value of each affected Fund Series (not including Interests held by the Managing Owner and its Affiliates, including the commodity broker) voting separately as a class, class may vote to (i) approve continue the items set forth Series as provided in 4.9(aSection 13.1(b), (ii) remove approve the Sponsor voluntary withdrawal of the Managing Owner and elect a successor Sponsor Managing Owner as provided in Section 4.10, (iii) remove the Managing Owner on reasonable prior written notice to the Managing Owner, (iv) elect and appoint one or more additional Managing Owners or consent to such matters as are set forth in Section 5.2(b), (v) approve a material change in the trading policies of a Series, or the brokerage fees paid by a Series, as set forth in Section 5.12(e)the Prospectus, which change shall not be effective without the prior written approval of such majority, (iiivi) approve the termination of any agreement entered into between the Trust and the Managing Owner or any Affiliate of the Managing Owner for any reason, without penalty, (vii) approve amendments to this Trust Agreement as set forth in Section 12.111.1 hereof, and (viii) terminate the Series as provided in
Section 13.1 (g), and in the case of (iv) continue the Trust as provided in Section 14.1(a), (v) terminate the Trust as provided in Section 14.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee each instance on sixty (60) days' prior written notice. Except as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in federal law or regulations of rules on any exchange, any matter upon which the Unitholders vote shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units of the Trust or the applicable Fund, as the case may be. Except as expressly provided in this Trust Agreementabove, the Unitholders Limited Owners shall have no voting or other rights with respect to the Trust. Prior to the exercise by the Limited Owners of the rights set forth in Section 8.2(d), the Trust will, if practicable, provide the Limited Owners with an opinion of independent legal counsel in each state where the Trust may be deemed to be conducting its business with respect to whether or any Fundnot such exercise would constitute such participation in the control of the Trust business as would adversely affect the Limited Owners limited liability under the laws of such state.
Appears in 2 contracts
Samples: Trust Agreement (World Monitor Trust Series B), Declaration of Trust and Trust Agreement (World Monitor Trust Series A)
Rights and Duties. The Unitholders Limited Owners shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders Limited Owners shall have the right to obtain from information of all things affecting the Sponsor Trust (or any Series thereof in which it holds a Interest), provided that such is for a purpose reasonably related to the Limited Owner’s interest as a beneficial owner of the Trust, including, without limitation, such reports and information as are set forth in Article X IX and such information as is set forth in Section 4.3(k) hereof. In the list event that the Managing Owner neglects or refuses to produce or mail to a Limited Owner a copy of Authorized Purchasers contemplated the information set forth in Section 4.3(k) hereof, the Managing Owner shall be liable to such Limited Owner for the costs, including reasonable attorney’s fees, incurred by Section 4.5(a)(isuch Limited Owner to compel the production of such information, and for any actual damages suffered by such Limited Owner as a result of such refusal or neglect; provided, however, it shall be a defense of the Managing Owner that the actual purpose of the Limited Owner’s request for such information was not reasonably related to the Limited Owner’s interest as a beneficial owner in the Trust (e.g., to secure such information in order to sell it, or to use the same for a commercial purpose unrelated to the participation of such Limited Owner in the Trust). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders Limited Owners under U.S. federal or state law.
(b) The Unitholders Limited Owners shall receive from the assets of the Series in which they hold Interests, the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the UnitholdersLimited Owners’ redemption rights set forth in Article VIII VII hereof or upon a mandatory redemption effected by the Managing Owner pursuant to Section 4.2(g) hereof, Unitholders of a Fund Limited Owners shall have the right to demand the return of their capital account only upon the dissolution and winding up of the applicable Fund or the Trust Series in which they hold Interests and only to the extent of funds available thereforetherefor. In no event shall a Unitholder of a Fund Limited Owner be entitled to demand or receive property other than cash unless the Sponsorcash. Except with respect to Series, as determined in its sole discretionClass or Sub-Class differences, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicable. No Unitholder of any Fund no Limited Owner shall have priority over any other Unitholder of such Fund Limited Owner either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund Limited Owner shall have the right to bring an action for partition against the Trust or a FundTrust.
(d) Unitholders, voting together as a single class, or, if the proposed change affects only certain Funds, Limited Owners holding Interests representing in excess of (50%) in Net Asset Value of each affected Fund Series (not including Interests held by the Managing Owner and its Affiliates, including the commodity broker) voting separately as a class, may vote to (i) approve the items set forth in 4.9(a), (ii) remove the Sponsor and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.111.1 hereof. Additionally, Limited Owners holding Interests representing over (iv75%) in Net Asset Value of each affected Series (not including Interests held by the Managing Owner and its Affiliates, including the commodity broker) voting separately as a class may vote to continue the Trust as provided in Section 14.1(a), (v13.1(b) and terminate the Trust Series as provided in Section 14.1(e13.1(g). Further, Limited Owners holding Interests representing at least 80% in Net Asset Value of each affected Series (not including Interests held by the Managing Owner and its Affiliates, including the commodity broker) voting separately as a class may vote to (vii) approve the voluntary withdrawal of the Managing Owner and elect a successor Managing Owner as provided in Section 4.10, (ii) approve a material change in the event there is no Sponsortrading policies of a Series, elect the Liquidating Trustee as set forth in the Registration Statement, which change shall not be effective without the prior written approval of such majority, (iii) approve the termination of any agreement entered into between the Trust and the Managing Owner or any Affiliate of the Managing Owner for any reason, without penalty, (iv) remove the Managing Owner of such Series as provided in Section 14.2. Unless otherwise specified 4.10 and (v) elect one or more additional Managing Owners and in the relevant section case of this Trust Agreement or (iii) and (v) in federal law or regulations of rules on any exchange, any matter upon which the Unitholders vote shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units of the Trust or the applicable Fund, as the case may beeach instance sixty (60) days’ prior written notice. Except as expressly provided in this Trust Agreementset forth above, the Unitholders Limited Owners shall have no voting or other rights with respect to the Trust. Prior to the exercise by the Limited Owners of the rights set forth in Section 8.2(d), the Trust will, if practicable, provide the Limited Owners with an opinion of independent legal counsel in each state where the Trust may be deemed to be conducting its business with respect to whether or any Fundnot such exercise would constitute such participation in the control of the Trust business as would adversely affect the Limited Owners limited liability under the laws of such state.
Appears in 2 contracts
Samples: Trust Agreement (Brookshire Raw Materials (U.S.) Trust), Trust Agreement (Brookshire Raw Materials (U.S.) Trust)
Rights and Duties. The Unitholders shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders shall have the right to obtain from the Sponsor the reports and information as are set forth in Article X and the list of Authorized Purchasers contemplated by Section 4.5(a)(i). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders under U.S. federal or state law.
(b) The Unitholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the Unitholders’ redemption rights set forth in Article VIII hereof, Unitholders of a Fund shall have the right to demand the return of their capital only upon the dissolution and winding up of the applicable Fund or the Trust and only to the extent of funds available therefore. In no event shall a Unitholder of a Fund be entitled to demand property other than cash unless the Sponsor, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicable. No Unitholder of any Fund shall have priority over any other Unitholder of such Fund either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund shall have the right to bring an action for partition against the Trust or a Fund.
(d) Unitholders, voting together as a single class, or, if the proposed change affects only certain Funds, of each affected Fund voting separately as a class, may vote to (i) approve the items set forth in 4.9(a), (ii) remove the Sponsor and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.1, (iv) continue the Trust as provided in Section 14.1(a), (v) terminate the Trust as provided in Section 14.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in federal law or regulations of rules on any exchange, any matter upon which the Unitholders vote shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/366⅔ % of the outstanding Units of the Trust or the applicable Fund, as the case may be. Except as expressly provided in this Trust Agreement, the Unitholders shall have no voting or other rights with respect to the Trust or any Fund.
Appears in 1 contract
Samples: Trust Agreement (United States Commodity Index Funds Trust)
Rights and Duties. The Unitholders Shareholders shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders Shareholders shall have the right to obtain from the Sponsor information of all things affecting the reports and information Trust or the applicable Fund, provided that such is for a purpose reasonably related to the Shareholder’s interest as are set forth in Article X and a beneficial owner of the Trust or the applicable Fund, including, without limitation, the list of Authorized Purchasers Participants contemplated by Section 4.5(a)(i). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders under U.S. federal or state law3.4(a)(i) hereof.
(b) The Unitholders Shareholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the UnitholdersShareholders’ redemption rights set forth in Article VIII IX hereof, Unitholders of a Fund Shareholders shall have the right to demand the return of their capital account only upon the dissolution and winding up of the applicable Fund or the Trust and only to the extent of funds available thereforetherefor. In no event shall a Unitholder of a Fund Shareholder be entitled to demand or receive property other than cash unless cash. Except as otherwise provided by the Sponsorinstrument establishing a Shareholder’s Series or Class, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicable. No Unitholder of any Fund no Shareholder shall have priority over any other Unitholder of such Fund Shareholder either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund Shareholder shall have the right to bring an action for partition against the Trust or a Fund.
(d) Unitholders, voting together Except as a single class, or, if the proposed change affects only certain Funds, of each affected Fund voting separately as a class, may vote to (i) approve the items set forth in 4.9(a), (ii) remove the Sponsor and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.1, (iv) continue the Trust as provided in Section 14.1(a), (v) terminate the Trust as provided in Section 14.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in required under applicable U.S. federal law or under the rules or regulations of rules on any exchangean Exchange, any matter upon which the Unitholders vote Shareholders shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units have no voting rights hereunder (including with respect to mergers, consolidations or conversions of the Trust or transfers to or domestication in any jurisdiction by the applicable FundTrust or any other matters that under the DSTA default voting rights are provided to holders of beneficial interests). The Shareholders shall have the right to vote on other matters only as the Sponsor may consider desirable and so authorize in its sole discretion. To the extent that U.S. federal or Delaware law is amended, modified or interpreted by rule, regulation, order, or no-action letter to (on a mandatory basis) expand, eliminate or limit Shareholders’ right to vote on any specific matter, the Shareholders’ right to vote shall be deemed to be amended, modified or interpreted in accordance therewith without further approval by the Sponsor or the Shareholders.
(e) No action may be brought by a Shareholder on behalf of the Trust unless Shareholders owning no less than a majority of the then outstanding Shares of the same Series or Class thereof, join in the bringing of such action. A Shareholder of Shares in a particular Series or Class of the Trust shall not be entitled to participate in a derivative or class action lawsuit on behalf of any other Series or Class, as appropriate, or on behalf of the case may beShareholders in any such other Series or Class of the Trust. Except as expressly provided in this Trust Agreementset forth above, the Unitholders Shareholders shall have no voting or other rights with respect to the Trust or any Fund.
Appears in 1 contract
Samples: Trust Agreement (ETFS Collateralized Commodities Trust)
Rights and Duties. The Unitholders Shareholders shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders Shareholders shall have the right to obtain from the Sponsor information of all things affecting the reports and information Trust or the applicable Fund, provided that such is for a purpose reasonably related to the Shareholder’s interest as are set forth in Article X and a beneficial owner of the Trust or the applicable Fund, including, without limitation, the list of Authorized Purchasers Participants contemplated by Section 4.5(a)(i). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders under U.S. federal or state law3.3(a)(i) hereof.
(b) The Unitholders Shareholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the UnitholdersShareholders’ redemption rights set forth in Article VIII IX hereof, Unitholders of a Fund Shareholders shall have the right to demand the return of their capital account only upon the dissolution and winding up of the applicable Fund or the Trust and only to the extent of funds available thereforetherefor. In no event shall a Unitholder of a Fund Shareholder be entitled to demand or receive property other than cash unless cash. Except as otherwise provided by the Sponsorinstrument establishing a Shareholder’s Series, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicable. No Unitholder of any Fund no Shareholder shall have priority over any other Unitholder of such Fund Shareholder either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund Shareholder shall have the right to bring an action for partition against the Trust or a Fund.
(d) Unitholders, voting together Except as a single class, or, if the proposed change affects only certain Funds, of each affected Fund voting separately as a class, may vote to (i) approve the items set forth in 4.9(a), (ii) remove the Sponsor and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.1, (iv) continue the Trust as provided in Section 14.1(a), (v) terminate the Trust as provided in Section 14.1(e), and (vi) in the event there is no Sponsor, elect the Liquidating Trustee as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in required under applicable U.S. federal law or under the rules or regulations of rules on any exchangean Exchange, any matter upon which the Unitholders vote Shareholders shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units have no voting rights hereunder (including with respect to mergers, consolidations or conversions of the Trust or transfers to or domestication in any jurisdiction by the applicable FundTrust or any other matters that under the DSTA default voting rights are provided to holders of beneficial interests). The Shareholders shall have the right to vote on other matters only as the Sponsor may consider desirable and so authorize in its sole discretion. To the extent that U.S. federal or Delaware law is amended, modified or interpreted by rule, regulation, order, or no-action letter to (on a mandatory basis) expand, eliminate or limit Shareholders’ right to vote on any specific matter, the Shareholders’ right to vote shall be deemed to be amended, modified or interpreted in accordance therewith without further approval by the Sponsor or the Shareholders.
(e) No action may be brought by a Shareholder on behalf of the Trust unless Shareholders owning no less than a majority of the then outstanding Shares of the same Series thereof, join in the bringing of such action. A Shareholder of Shares in a particular Series of the Trust shall not be entitled to participate in a derivative or class action lawsuit on behalf of any other Series, as appropriate, or on behalf of the case may beShareholders in any such other Series of the Trust. Except as expressly provided in this Trust Agreementset forth above, the Unitholders Shareholders shall have no voting or other rights with respect to the Trust or any Fund.
Appears in 1 contract
Samples: Trust Agreement (ETFS Collateralized Commodities Trust)
Rights and Duties. The Unitholders Limited Owners shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders Limited Owners shall have the right to obtain from the Sponsor Managing Owner information on all things affecting the reports and information Trust or the applicable Fund, provided that such is for a purpose reasonably related to the Limited Owner’s interest as are set forth in Article X and a beneficial owner of the list of Authorized Purchasers contemplated by Section 4.5(a)(i). The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders under U.S. federal Trust or state lawthe applicable Fund.
(b) The Unitholders Limited Owners shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the UnitholdersLimited Owners’ redemption rights set forth in Article VIII VII hereof, Unitholders of a Fund the Limited Owners shall have the right to demand the return of their capital Capital Account only upon the dissolution and winding up of the applicable Fund or the Trust and only to the extent of funds available therefore. In no event shall a Unitholder of a Fund Limited Owner be entitled to demand or receive property other than cash unless the Sponsorcash. Except with respect to class differences, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicable. No Unitholder of any Fund no Limited Owner shall have priority over any other Unitholder of such Fund Limited Owner either as to the return of capital or as to profits, losses or distributions. No Unitholder of The Limited Owners shall not have any Fund shall have the right to bring an action for partition against the Trust or a Fund.
(d) Unitholders, voting together as Limited Owners holding Units representing at least a single class, or, if the proposed change affects only certain Funds, majority (over 50%) in Net Asset Value of each affected applicable Fund (not including Units held by the Managing Owner and its Affiliates), voting separately as a class, may vote to (i) approve continue the items set forth Trust as provided in 4.9(aSection 13.1(a), (ii) remove the Sponsor Managing Owner on reasonable prior written notice to the Managing Owner, and elect a successor Sponsor as set forth in Section 5.12(e), (iii) approve amendments to this Trust Agreement as set forth in Section 12.1, (iv) continue the Trust as provided in Section 14.1(a), (v) terminate the Trust as provided in Section 14.1(e13.1(e), . Units held by the Managing Owner and (vi) its Affiliates shall be excluded in determining the event there is no Sponsor, elect the Liquidating Trustee above voting percentage. Except as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in federal law or regulations of rules on any exchange, any matter upon which the Unitholders vote shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units of the Trust or the applicable Fund, as the case may be. Except as expressly provided in this Trust Agreementabove, the Unitholders Limited Owners shall have no voting or other rights with respect to the Trust or any Fund.
Appears in 1 contract
Samples: Declaration of Trust and Trust Agreement (STREAM S&P Dynamic Roll Global Commodities Fund)
Rights and Duties. The Unitholders Limited Owner shall have the following rights, powers, privileges, duties and liabilities:
(a) The Unitholders Limited Owner shall have the right to obtain from the Sponsor Managing Owner information of all things affecting the Master Fund, provided that such is for a purpose reasonably related to the Limited Owner’s interest as a beneficial owner of the Master Fund, including, without limitation, such reports and information as are set forth in Article X and the list of Authorized Purchasers contemplated by Section 4.5(a)(i)IX. The foregoing rights are in addition to, and do not limit, other remedies available to Unitholders the Limited Owner under U.S. federal or state law.
(b) The Unitholders Limited Owner shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement.
(c) Except for the Unitholders’ Limited Owner’s redemption rights set forth in Article VIII VII hereof, Unitholders of a Fund the Limited Owner shall have the right to demand the return of their capital its Capital Account only upon the dissolution and winding up of the applicable Master Fund or the Trust and only to the extent of funds available thereforetherefor. In no event shall a Unitholder of a Fund the Limited Owner be entitled to demand or receive property other than cash unless the Sponsor, as determined in its sole discretion, has specified property for distribution to all Unitholders of such Fund, or the Trust, as applicablecash. No Unitholder of The Limited Owner shall not have any Fund shall have priority over any other Unitholder of such Fund either as to the return of capital or as to profits, losses or distributions. No Unitholder of any Fund shall have the right to bring an action for partition against the Trust or a Master Fund.
(d) Unitholders, voting together as a single class, or, if the proposed change affects only certain Funds, of each affected Fund voting separately as a class, The Limited Owner may vote to (i) approve continue the items set forth Master Fund as provided in 4.9(aSection 13.1 (a), (ii) remove the Sponsor Managing Owner on reasonable prior written notice to the Managing Owner, (iii) elect and elect appoint one or more additional Managing Owners, or consent to such matters, (iv) approve a successor Sponsor material change in investment policies, as set forth in Section 5.12(e)the Prospectus, (iiiv) approve the termination of any agreement entered into between the Master Fund and the Managing Owner or any Affiliate of the Managing Owner for any reason, without penalty, (vi) approve amendments to this Trust Agreement as set forth in Section 12.111.1 hereof, and (iv) continue the Trust as provided in Section 14.1(a), (vvii) terminate the Trust as provided in Section 14.1(e13.1(e), and (vi) in the event there is no Sponsorcase of (iii), elect the Liquidating Trustee (iv) and (v), in each instance on sixty (60) days’ prior written notice. Except as set forth in Section 14.2. Unless otherwise specified in the relevant section of this Trust Agreement or in federal law or regulations of rules on any exchange, any matter upon which the Unitholders vote shall be approved by the affirmative vote of Unitholders holding Units representing at least 66 2/3% of the outstanding Units of the Trust or the applicable Fund, as the case may be. Except as expressly provided in this Trust Agreementabove, the Unitholders Limited Owner shall have no voting or other rights with respect to the Trust or any Master Fund.
Appears in 1 contract
Samples: Trust Agreement (GreenHaven Continuous Commodity Index Fund)