Common use of THE INITIAL DEPOSITOR AND THE TRUSTEE Clause in Contracts

THE INITIAL DEPOSITOR AND THE TRUSTEE. 15 Section 5.1 Representations and Warranties of the Initial Depositor 15 Section 5.2 Covenants of the Initial Depositor and of the Underwriter 16 Section 5.3 Maintenance of Office and Transfer Books by the Trustee 17 Section 5.4 Force Majeure. 17 Section 5.5 Obligations of the Initial Depositor, the Trustee, and the Underwriter 17 Section 5.6 Resignation or Removal of the Trustee; Appointment of Successor Trustee 21 Section 5.7 Monitoring and Auditing of Activities 22 Section 5.8 Indemnification 22 Section 5.9 Retention of Trust Documents 23 Section 5.10 Federal Securities Law Filings 23 Section 5.11 Prospectus Delivery 24 Section 5.12 Discretionary Actions by Trustee; Consultation 24 Section 5.13 Dissolution of the Initial Depositor to Terminate Trust 24 Section 5.14 Compliance with Applicable Tax Laws 24 ARTICLE 6 AMENDMENT AND TERMINATION 25 Section 6.1 Amendment 25 Section 6.2 Termination 25 ARTICLE 7 MISCELLANEOUS 27 Section 7.1 Counterparts 27 Section 7.2 Third-Party Beneficiaries 27 Section 7.3 Severability 27 Section 7.4 Owners as Parties; Binding Effect 27 Section 7.5 Notices 27 Section 7.6 Governing Law 28 This AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT is agreed to as of June [●], 2016 (the “Agreement”) by and among BANK OF MONTREAL, a Canadian chartered bank (the “Initial Depositor”), BMO CAPITAL MARKETS CORP., a broker-dealer affiliate of the Initial Depositor, THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee (the “Trustee”), and BNY MELLON TRUST OF DELAWARE, a Delaware banking corporation, as Delaware trustee (with any successor Delaware banking corporation acting as a Delaware trustee, the “Delaware Trustee”).

THE INITIAL DEPOSITOR AND THE TRUSTEE. 15 Section 5.1 Representations and Warranties of the Initial Depositor 15 Section 5.2 Covenants of the Initial Depositor and of the Underwriter 16 Section 5.3 Maintenance of Office and Transfer Books by the Trustee 17 Section 5.4 Force Majeure. 17 Section 5.5 Obligations of the Initial Depositor, the Trustee, and the Underwriter 17 Section 5.6 Resignation or Removal of the Trustee; Appointment of Successor Trustee 21 Section 5.7 Monitoring and Auditing of Activities 22 Section 5.8 Indemnification 22 Section 5.9 Retention of Trust Documents 23 Section 5.10 Federal Securities Law Filings 23 Section 5.11 Prospectus Delivery 24 Section 5.12 Discretionary Actions by Trustee; Consultation 24 Section 5.13 Dissolution of the Initial Depositor to Terminate Trust 24 Section 5.14 Compliance with Applicable Tax Laws 24 ARTICLE 6 AMENDMENT AND TERMINATION 25 Section 6.1 Amendment 25 Section 6.2 Termination 25 ARTICLE 7 MISCELLANEOUS 27 Section 7.1 Counterparts 27 Section 7.2 Third-Party Beneficiaries 27 Section 7.3 Severability 27 Section 7.4 Owners as Parties; Binding Effect 27 Section 7.5 Notices 27 Section 7.6 Governing Law 28 This AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT is agreed to as of June [●]29, 2016 (the “Agreement”) by and among BANK OF MONTREAL, a Canadian chartered bank (the “Initial Depositor”), BMO CAPITAL MARKETS CORP., a broker-dealer affiliate of the Initial Depositor, THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee (the “Trustee”), and BNY MELLON TRUST OF DELAWARE, a Delaware banking corporation, as Delaware trustee (with any successor Delaware banking corporation acting as a Delaware trustee, the “Delaware Trustee”).

THE INITIAL DEPOSITOR AND THE TRUSTEE. 15 Section 5.1 Representations and Warranties of the Initial Depositor 15 Section 5.2 Covenants of the Initial Depositor and of the Underwriter 16 Section 5.3 Maintenance of Office and Transfer Books by the Trustee 17 Section 5.4 Force Majeure. 17 Section 5.5 Obligations of the Initial Depositor, the Trustee, and the Underwriter 17 Section 5.6 Resignation or Removal of the Trustee; Appointment of Successor Trustee 21 Section 5.7 Monitoring and Auditing of Activities 22 Section 5.8 Indemnification 22 Section 5.9 Retention of Trust Documents 23 Section 5.10 Federal Securities Law Filings 23 Section 5.11 Prospectus Delivery 24 Section 5.12 Discretionary Actions by Trustee; Consultation 24 Section 5.13 Dissolution of the Initial Depositor to Terminate Trust 24 Section 5.14 Compliance with Applicable Tax Laws 24 ARTICLE 6 AMENDMENT AND TERMINATION 25 Section 6.1 Amendment 25 Section 6.2 Termination 25 ARTICLE 7 MISCELLANEOUS 27 Section 7.1 Counterparts 27 Section 7.2 Third-Party Beneficiaries 27 Section 7.3 Severability 27 Section 7.4 Owners as Parties; Binding Effect 27 Section 7.5 Notices 27 Section 7.6 Governing Law 28 This AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT is agreed to as of June April [●], 2016 (the “Agreement”) by and among BANK OF MONTREAL, a Canadian chartered bank (the “Initial Depositor”), BMO CAPITAL MARKETS CORP., a broker-dealer affiliate of the Initial Depositor, THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee (the “Trustee”), and BNY MELLON TRUST OF DELAWARE, a Delaware banking corporation, as Delaware trustee (with any successor Delaware banking corporation acting as a Delaware trustee, the “Delaware Trustee”).

THE INITIAL DEPOSITOR AND THE TRUSTEE. 15 Section 5.1 Representations and Warranties of the Initial Depositor 15 Section 5.2 Covenants of the Initial Depositor and of the Underwriter 16 Section 5.3 Maintenance of Office and Transfer Books by the Trustee 17 Section 5.4 Force Majeure. 17 Section 5.5 Obligations of the Initial Depositor, the Trustee, and the Underwriter 17 Section 5.6 Resignation or Removal of the Trustee; Appointment of Successor Trustee 21 Section 5.7 Monitoring and Auditing of Activities 22 Section 5.8 Indemnification 22 Section 5.9 Retention of Trust Documents 23 Section 5.10 Federal Securities Law Filings 23 Section 5.11 Prospectus Delivery 24 Section 5.12 Discretionary Actions by Trustee; Consultation 24 Section 5.13 Dissolution of the Initial Depositor to Terminate Trust 24 Section 5.14 Compliance with Applicable Tax Laws 24 ARTICLE 6 AMENDMENT AND TERMINATION 25 Section 6.1 Amendment 25 Section 6.2 Termination 25 ARTICLE 7 MISCELLANEOUS 27 Section 7.1 Counterparts 27 Section 7.2 Third-Party Beneficiaries 27 Section 7.3 Severability 27 Section 7.4 Owners as Parties; Binding Effect 27 Section 7.5 Notices 27 Section 7.6 Governing Law 28 This AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT is agreed to as of June [●], 2016 (the “Agreement”) by and among BANK OF MONTREAL, a Canadian chartered bank (the “Initial Depositor”), BMO CAPITAL MARKETS CORP., a broker-dealer affiliate of the Initial Depositor, THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee (the “Trustee”), and BNY MELLON TRUST OF DELAWARE, a Delaware banking corporation, as Delaware trustee (with any successor Delaware banking corporation acting as a Delaware trustee, the “Delaware Trustee”).28