Common use of Suspension or Delay of Settlement Clause in Contracts

Suspension or Delay of Settlement. (a) The Administrative Agent shall suspend the right of redemption, or postpone the date of settlement for any Paired Optional Redemption or any Paired Issuance of Paired Holding Shares, (i) for any period during which the AMEX or NYMEX is closed, or trading is suspended or restricted; (ii) for any period during which an emergency exists as a result of which delivery or acquisition of Eligible Treasuries by the Paired Holding Trusts is not reasonably practicable; (iii) if any such redemption would cause the Up-MACRO or Down-MACRO Investment Amount to equal less than 10 million dollars; and (iv) for such other period as the Depositor, the Trustee or the Administrative Agent determines to be necessary for the protection of the Beneficial Owners of any of the Paired Holding Shares, the Up-MACRO Tradeable Shares or the Down-MACRO Tradeable Shares. None of the Depositor, the Trustee or the Administrative Agent will be liable to any Person for any loss or damages that may result from any such suspension or postponement.

Appears in 13 contracts

Samples: Third Amended and Restated Macroshares Oil Up Holding Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Third Amended and Restated Macroshares Oil Up Holding Trust Agreement (Claymore MACROshares Oil Up Tradeable Trust), Macroshares Oil Up Holding Trust Agreement (Claymore MACROshares Oil Down Holding Trust)

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Suspension or Delay of Settlement. (a) The Administrative Agent shall may, in its discretion, and will when so directed by the Depositor, suspend the right of redemptionexchange for the Up-MACRO Tradeable Shares, or postpone the date of settlement for any Paired Optional Redemption or any Paired Issuance of Paired Holding Sharessuch exchange, (i) for any period during which the AMEX or NYMEX is closed, or trading is suspended or restricted; (ii) for any period during which an emergency exists as a result of which delivery or acquisition of Eligible Treasuries by the Paired Holding Trusts is not reasonably practicable; (iii) if any such redemption would cause the Up-MACRO or Down-MACRO Investment Amount to equal less than 10 million dollars; and (iv) for such other period as the Depositor, the Trustee or the Administrative Agent determines to be necessary for the protection of the Beneficial Owners of any of the Paired Holding Shares, the Up-MACRO Tradeable Shares or the Down-MACRO Tradeable Shares. None of the Depositor, the Trustee or the Administrative Agent will be liable to any Person for any loss or damages that may result from any such suspension or postponement.

Appears in 13 contracts

Samples: Third Amended and Restated Macroshares Oil Up Tradeable Trust Agreement (MACROshares Oil Down Tradeable Trust), Trust Agreement (MACROshares Oil Up Tradeable Trust), Trust Agreement (Claymore MACROshares Oil Up Holding Trust)

Suspension or Delay of Settlement. (a) The Administrative Agent shall suspend the right of redemption, or postpone the date of settlement for any Paired Optional Redemption or any Paired Issuance of Paired Holding Shares, (i) for any period during which the AMEX or NYMEX is closed, or trading is suspended or restricted; (ii) for any period during which an emergency exists as a result of which delivery or acquisition of Eligible Treasuries by the Paired Holding Trusts is not reasonably practicable; (iii) if any such redemption would cause the UpDown-MACRO or DownUp-MACRO Investment Amount to equal less than 10 million dollars; and (iv) for such other period as the Depositor, the Trustee or the Administrative Agent determines to be necessary for the protection of the Beneficial Owners of any of the Paired Holding Shares, the UpDown-MACRO Tradeable Shares or the DownUp-MACRO Tradeable Shares. None of the Depositor, the Trustee or the Administrative Agent will be liable to any Person for any loss or damages that may result from any such suspension or postponement.

Appears in 12 contracts

Samples: Macroshares Oil Down Holding Trust Agreement (Claymore MACROshares Oil Up Holding Trust), Third Amended and Restated Macroshares Oil Down Holding Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Third Amended and Restated Macroshares Oil Down Holding Trust Agreement (Claymore MACROshares Oil Down Holding Trust)

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Suspension or Delay of Settlement. (a) The Administrative Agent shall may, in its discretion, and will when so directed by the Depositor, suspend the right of redemptionexchange for the Down-MACRO Tradeable Shares, or postpone the date of settlement for any Paired Optional Redemption or any Paired Issuance of Paired Holding Sharessuch exchange, (i) for any period during which the AMEX or NYMEX is closed, or trading is suspended or restricted; (ii) for any period during which an emergency exists as a result of which delivery or acquisition of Eligible Treasuries by the Paired Holding Trusts is not reasonably practicable; (iii) if any such redemption would cause the UpDown-MACRO or DownUp-MACRO Investment Amount to equal less than 10 million dollars; and (iv) for such other period as the Depositor, the Trustee or the Administrative Agent determines to be necessary for the protection of the Beneficial Owners of any of the Paired Holding Shares, the UpDown-MACRO Tradeable Shares or the DownUp-MACRO Tradeable Shares. None of the Depositor, the Trustee or the Administrative Agent will be liable to any Person for any loss or damages that may result from any such suspension or postponement.

Appears in 12 contracts

Samples: Third Amended and Restated Macroshares Oil Down Tradeable Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Second Amended and Restated Macroshares Oil Down Tradeable Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Third Amended and Restated Macroshares Oil Down Tradeable Trust Agreement (MACROshares Oil Down Holding Trust)

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