Common use of Suitability of Shareholders Clause in Contracts

Suitability of Shareholders. (a) During any public offering of its Shares and until the earlier of a Liquidity Event or the date the Trust is no longer subject to the Omnibus Guidelines, the Trust and those selling shares on its behalf shall, with respect to share offers and sales in which they are broker of record, assure that such shares are offered and sold pursuant only to prospective investors who, in each case, meet the income and net worth “Suitability Standards” as specified in the Trust’s prospectus for the Shares (as the same may be amended or supplemented from time to time) and the Omnibus Guidelines. (b) The Sponsor or each Person selling common shares on behalf of the Trust shall make this determination on the basis of information it has obtained from a prospective Shareholder. Relevant information for this purpose will include at least the age, investment objectives, investment experience, income, net worth, financial situation and other investments of the prospective Shareholder, as well as any other pertinent factors. (c) The Sponsor or each Person selling common shares on behalf of the Trust shall maintain records of the information used to determine that an investment in common shares is suitable and appropriate for a Shareholder. The Sponsor or each Person selling common shares on behalf of the Trust shall maintain these records for at least six years.

Suitability of Shareholders. (a) During any public offering of its Shares and until the earlier of a Liquidity Event or the date the Trust Company is no longer subject to the Omnibus Guidelines, the Trust Company and those selling shares on its behalf shall, with respect to share offers and sales in which they are broker of record, make every reasonable effort to assure that such shares are offered and sold pursuant only to prospective investors who, in each case, meet the income and net worth Net Worth “Suitability Standards” as specified in the TrustCompany’s prospectus for the Shares (as the same may be amended or supplemented from time to time) and the Omnibus Guidelines. (b) The Sponsor or each Person selling common shares Common Shares on behalf of the Trust Company shall make this determination on the basis of information it has obtained from a prospective Shareholder. Relevant information for this purpose will include at least the age, investment objectives, investment experience, income, net worth, financial situation and other investments of the prospective Shareholder, as well as any other pertinent factors. (c) The Sponsor or each Person selling common shares Common Shares on behalf of the Trust Company shall maintain records of the information used to determine that an investment in common shares Common Shares is suitable and appropriate for a Shareholder. The Sponsor or each Person selling common shares Common Shares on behalf of the Trust Company shall maintain these records for at least six years.