Common use of The Trust’s and Sponsor’s Duties Clause in Contracts

The Trust’s and Sponsor’s Duties. The Trust and Sponsor shall have the following duties: (a) The Trust and Sponsor agree to create Creation Unit size aggregations of Units, subject to paragraph (e) of this Section 1.4, and to request the Depository to record on its books the ownership of such Units in accordance with the book-entry system procedures described in the Prospectus in such amounts as the Distributor has requested in writing or other means of data transmission, as promptly as practicable after receipt by the Trustee on behalf of the Trust of the requisite Portfolio Deposit and Cash Component (together with any fees) for such creations and acceptance by the Trustee or by the Distributor on behalf of the Trust of a creation order for such Units, upon the terms described in the Registration Statement. (b) The Trust and Sponsor shall furnish to the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Creation Units. The Trust and the Sponsor shall make available to the Distributor such number of copies of the current Prospectus as the Distributor may reasonably request. The Trust and the Sponsor authorize the Distributor to use the Prospectus, but the Trust and the Sponsor shall not be responsible in any way for any information, statements or representations given or made by the Distributor or its representatives or agents other than such information, statements or representations as are contained in the Prospectus or financial reports filed on behalf of the Trust or in any sales literature or advertisements specifically approved by the Trust and the Sponsor in writing. (c) The Sponsor agrees that it will take all necessary action to register an indefinite number of Units under the 1933 Act. The Sponsor shall take, from time to time, such steps, including payment of the related filing fees, as may be necessary to register Units under the 1933 Act and the 1940 Act to the end that all Creation Unit size aggregations of Units will be properly registered under the 1933 Act and the 1940 Act. The Trust and the Sponsor agree to file from time to time such amendments, supplements, reports and other documents as may be necessary in order that there may be in a Registration Statement or Prospectus no (i) untrue statement of a material fact or (ii) omission to state a material fact necessary in order to make the statements therein, in the case of the Prospectus; in light of the circumstances in which made, not misleading. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor for inclusion in the Registration Statement or Prospectus. (d) The Trust and the Sponsor shall keep the Distributor informed of the states and other foreign and domestic jurisdictions in which the Trust has effected notice filings of shares of Units for sale under the securities laws thereof. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor in connection with such filings. (e) In accordance with the provisions of the then-current prospectus, the Trust may reject any creation order for Creation Unit aggregations of Units or stop all receipts of creation orders for Units at any time or from time to time upon reasonable notice to the Distributor.

The Trust’s and Sponsor’s Duties. The Trust and Sponsor shall have the following duties: (a) The Trust and Sponsor agree agrees to create issue Creation Unit size aggregations of UnitsQQQ Shares, subject to paragraph (e) of this Section 1.4, and to request the Depository to record on its books the ownership of such Units QQQ Shares in accordance with the book-entry system procedures described in the Prospectus in such amounts as the Distributor has requested in writing or other means of data transmission, as promptly as practicable after receipt by the Trustee on behalf of the Trust of the requisite Portfolio Deposit and Cash Component Component, if any, (together with any fees) for such creations and acceptance by the Trustee or by the Distributor on behalf of the Trust of a creation order for such UnitsQQQ Shares, upon the terms described in the Registration Statement. (b) The Trust and Sponsor shall furnish to the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Creation Units. The Trust and the Sponsor shall make available to the Distributor such number of copies of the current Prospectus as the Distributor may reasonably request. The Trust and the Sponsor authorize the Distributor to use the Prospectus, but the Trust and the Sponsor shall not be responsible in any way for any information, statements or representations given or made by the Distributor or its representatives or agents other than such information, statements or representations as are contained in the Prospectus or financial reports filed on behalf of the Trust or in any sales literature or advertisements specifically approved by the Trust and the Sponsor in writing. (c) The Sponsor agrees that it will take all necessary action to register an indefinite number of Units QQQ Shares under the 1933 Act. The Sponsor shall take, from time to time-to-time, such steps, including payment of the related filing fees, as may be necessary to register Units QQQ Shares under the 1933 Act and the Trust under the 1940 Act to the end that all Creation Unit size aggregations of Units QQQ Shares will be properly registered under the 1933 Act and the 1940 Act. The Trust and the Sponsor agree agrees to file from time to time-to-time such amendments, supplements, reports and other documents as may be necessary in order that there may be in a Registration Statement or Prospectus no (i) untrue statement of a material fact or (ii) omission to state a material fact necessary in order to make the statements therein, in the case of the Prospectus; , in light of the circumstances in which made, not misleading. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor for inclusion in the Registration Statement or Prospectus. (d) The Trust and the Sponsor shall keep the Distributor informed of the states and other foreign and domestic jurisdictions in which the Trust has effected notice filings of shares of Units QQQ Shares for sale under the securities laws thereof. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor in connection with such filings. (e) In accordance with the provisions of the then-current prospectusProspectus, the Trust may reject any creation order for Creation Unit size aggregations of Units QQQ Shares or stop all receipts of creation orders for Units QQQ Shares at any time or from time to time-to-time upon reasonable notice to the Distributor. (f) The Trust and the Sponsor shall notify the Distributor promptly of: 1. any amendments to the Trust’s Registration Statement or Prospectus; 2. any inquiries by the Commission regarding additional information or of any stop order suspending the effectiveness of the Trust’s Registration Statement or the initiation of any proceeding for that purpose; and 3. all significant actions of the Commission having a material impact with respect to any amendment to the Trust’s Registration Statement or Prospectus.

The Trust’s and Sponsor’s Duties. The Trust and Sponsor shall have the following duties: (a) The Trust and Sponsor agree to create Creation Unit size aggregations of UnitsDIAMONDS, subject to paragraph (e) of this Section 1.4, and to request the Depository to record on its books the ownership of such Units DIAMONDS in accordance with the book-entry system procedures described in the Prospectus in such amounts as the Distributor has requested in writing or other means of data transmission, as promptly as practicable after receipt by the Trustee on behalf of the Trust of the requisite Portfolio Deposit and Cash Component (together with any fees) for such creations and acceptance by the Trustee or by the Distributor on behalf of the Trust of a creation order for such UnitsDIAMONDS, upon the terms described in the Registration Statement. (b) The Trust and Sponsor shall furnish to the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Creation Units. The Trust and the Sponsor shall make available to the Distributor such number of copies of the current Prospectus as the Distributor may reasonably request. The Trust and the Sponsor authorize the Distributor to use the Prospectus, but the Trust and the Sponsor shall not be responsible in any way for any information, statements or representations given or made by the Distributor or its representatives or agents other than such information, statements or representations as are contained in the Prospectus or financial reports filed on behalf of the Trust or in any sales literature or advertisements specifically approved by the Trust and the Sponsor in writing. (c) The Sponsor agrees that it will take all necessary action to register an indefinite number of Units DIAMONDS under the 1933 Act, as amended. The Sponsor shall take, from time to time, such steps, including payment of the related filing fees, as may be necessary to register Units DIAMONDS under the 1933 Act and the 1940 Act to the end that all Creation Unit size aggregations of Units DIAMONDS will be properly registered under the 1933 Act and the 1940 Act. The Trust and the Sponsor agree to file from time to time such amendments, supplements, reports and other documents as may be necessary in order that there may be in a Registration Statement or Prospectus no (i) untrue statement of a material fact or (ii) omission to state a material fact necessary in order to make the statements therein, in the case of the Prospectus; in light of the circumstances in which made, not misleading. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor for inclusion in the Registration Statement or Prospectus. (d) The Trust and the Sponsor shall keep the Distributor informed of the states and other foreign and domestic jurisdictions in which the Trust has effected notice filings of shares of Units DIAMONDS for sale under the securities laws thereof. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor in connection with such filings. (e) In accordance with the provisions of the then-current prospectus, the Trust may reject any creation order for Creation Unit aggregations of Units DIAMONDS or stop all receipts of creation orders for Units DIAMONDS at any time or from time to time upon reasonable notice to the Distributor.

The Trust’s and Sponsor’s Duties. The Trust and Sponsor shall have the following duties: (a) The Trust and Sponsor agree agrees to create Creation Unit size aggregations of UnitsShares, subject to paragraph (e) of this Section 1.4, and to request the Depository to record on its books the ownership of such Units Shares in accordance with the book-entry system procedures described in the Prospectus in such amounts as the Distributor has requested in writing or other means of data transmission, as promptly as practicable after receipt by the Trustee on behalf of the Trust of the requisite Portfolio Deposit and Cash Component (together with any fees) for such creations and acceptance by the Trustee or or, by the Distributor on behalf of the Trust of a creation order for such UnitsShares, upon the terms described in the Registration Statement. (b) The Trust and Sponsor shall furnish to the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Creation Units. The Trust and the Sponsor shall make available to the Distributor such number of copies of the current Prospectus as the Distributor may reasonably request. The Trust and the Sponsor authorize the Distributor to use the Prospectus, but the Trust and the Sponsor shall not be responsible in any way for any information, statements or representations given or made by the Distributor or its representatives or agents other than such information, statements or representations as are contained in the Prospectus or financial reports filed on behalf of the Trust or in any sales literature or advertisements specifically approved by the Trust and the Sponsor in writing. (c) The Sponsor agrees that it will take all necessary action to register an indefinite number of Units Shares under the 1933 Act0000 Xxx. The Sponsor shall take, from time to time-to-time, such steps, including payment of the related filing fees, as may be necessary to register Units Shares under the 1933 Act and the 1940 Act to the end that all Creation Unit size aggregations of Units Shares will be properly registered under the 1933 Act and the 1940 Act. The Trust and the Sponsor agree to file from time to time-to-time such amendments, supplements, reports and other documents as may be necessary in order that there may be in a Registration Statement or Prospectus no (i) untrue statement of a material fact or (ii) omission to state a material fact necessary in order to make the statements therein, in the case of the Prospectus; , in light of the circumstances in which made, not misleading. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor for inclusion in the Registration Statement or Prospectus. (d) The Trust and the Sponsor shall keep the Distributor informed of the states and other foreign and domestic jurisdictions in which the Trust has effected notice filings of shares of Units Shares for sale under the securities laws thereof. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor in connection with such filings. (e) In accordance with the provisions of the then-current prospectus, the Trust may reject any creation order for Creation Unit aggregations of Units Shares or stop all receipts of creation orders for Units Shares at any time or from time to time-to-time upon reasonable notice to the Distributor.

The Trust’s and Sponsor’s Duties. The Trust and Sponsor shall have the following duties: (a) The Trust and Sponsor agree agrees to create issue Creation Unit size aggregations of UnitsNasdaq-100 Shares, subject to paragraph (e) of this Section 1.4, and to request the Depository to record on its books the ownership of such Units Nasdaq-100 Shares in accordance with the book-entry system procedures described in the Prospectus in such amounts as the Distributor has requested in writing or other means of data transmission, as promptly as practicable after receipt by the Trustee on behalf of the Trust of the requisite Portfolio Deposit and Cash Component Component, if any, (together with any fees) for such creations and acceptance by the Trustee or by the Distributor on behalf of the Trust of a creation order for such UnitsNasdaq-100 Shares, upon the terms described in the Registration Statement. (b) The Trust and Sponsor shall furnish to the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Creation Units. The Trust and the Sponsor shall make available to the Distributor such number of copies of the current Prospectus as the Distributor may reasonably request. The Trust and the Sponsor authorize the Distributor to use the Prospectus, but the Trust and the Sponsor shall not be responsible in any way for any information, statements or representations given or made by the Distributor or its representatives or agents other than such information, statements or representations as are contained in the Prospectus or financial reports filed on behalf of the Trust or in any sales literature or advertisements specifically approved by the Trust and the Sponsor in writing. (c) The Sponsor agrees that it will take all necessary action to register an indefinite number of Units Nasdaq-100 Shares under the 1933 Act. The Sponsor shall take, from time to time, such steps, including payment of the related filing fees, as may be necessary to register Units Nasdaq-100 Shares under the 1933 Act and the Trust under the 1940 Act to the end that all Creation Unit size aggregations of Units Nasdaq-100 Shares will be properly registered under the 1933 Act and the 1940 Act. The Trust and the Sponsor agree agrees to file from time to time such amendments, supplements, reports and other documents as may be necessary in order that there may be in a Registration Statement or Prospectus no (i) untrue statement of a material fact or (ii) omission to state a material fact necessary in order to make the statements therein, in the case of the Prospectus; , in light of the circumstances in which made, not misleading. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor for inclusion in the Registration Statement or Prospectus. (d) The Trust and the Sponsor shall keep the Distributor informed of the states and other foreign and domestic jurisdictions in which the Trust has effected notice filings of shares of Units Nasdaq-100 Shares for sale under the securities laws thereof. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor in connection with such filings. (e) In accordance with the provisions of the then-current prospectusProspectus, the Trust may reject any creation order for Creation Unit size aggregations of Units Nasdaq-100 Shares or stop all receipts of creation orders for Units Nasdaq-100 Shares at any time or from time to time upon reasonable notice to the Distributor. (f) The Trust and the Sponsor shall notify the Distributor promptly of: 1. any amendments to the Trust's Registration Statement or Prospectus; 2. any inquiries by the Commission regarding additional information or of any stop order suspending the effectiveness of the Trust's Registration Statement or the initiation of any proceeding for that purpose; and 3. all significant actions of the Commission having a material impact with respect to any amendment to the Trust's Registration Statement or Prospectus.

The Trust’s and Sponsor’s Duties. The Trust and Sponsor shall have the following duties: (a) The Trust and Sponsor agree to create Creation Unit size aggregations of UnitsMIDCAP SPDRs, subject to paragraph (e) of this Section 1.4, and to request the Depository to record on its books the ownership of such Units MIDCAP SPDRs in accordance with the book-entry system procedures described in the Prospectus in such amounts as the Distributor has requested in writing or other means of data transmission, as promptly as practicable after receipt by the Trustee on behalf of the Trust of the requisite Portfolio Deposit and Cash Component (together with any fees) for such creations and acceptance by the Trustee or by the Distributor on behalf of the Trust of a creation order for such UnitsMIDCAP SPDRs, upon the terms described in the Registration Statement. (b) The Trust and Sponsor shall furnish to the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Creation Units. The Trust and the Sponsor shall make available to the Distributor such number of copies of the current Prospectus as the Distributor may reasonably request. The Trust and the Sponsor authorize the Distributor to use the Prospectus, but the Trust and the Sponsor shall not be responsible in any way for any information, statements or representations given or made by the Distributor or its representatives or agents other than such information, statements or representations as are contained in the Prospectus or financial reports filed on behalf of the Trust or in any sales literature or advertisements specifically approved by the Trust and the Sponsor in writing. (c) The Sponsor agrees that it will take all necessary action to register an indefinite number of Units MIDCAP SPDRs under the 1933 Act, as amended. The Sponsor shall take, from time to time, such steps, including payment of the related filing fees, as may be necessary to register Units MIDCAP SPDRs under the 1933 Act and the 1940 Act to the end that all Creation Unit size aggregations of Units MIDCAP SPDRs will be properly registered under the 1933 Act and the 1940 Act. The Trust and the Sponsor agree to file from time to time such amendments, supplements, reports and other documents as may be necessary in order that there may be in a Registration Statement or Prospectus no (i) untrue statement of a material fact or (ii) omission to state a material fact necessary in order to make the statements therein, in the case of the Prospectus; in light of the circumstances in which made, not misleading. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor for inclusion in the Registration Statement or Prospectus. (d) The Trust and the Sponsor shall keep the Distributor informed of the states and other foreign and domestic jurisdictions in which the Trust has effected notice filings of shares of Units MIDCAP SPDRs for sale under the securities laws thereof. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor in connection with such filings. (e) In accordance with the provisions of the then-current prospectus, the Trust may reject any creation order for Creation Unit aggregations of Units MIDCAP SPDRs or stop all receipts of creation orders for Units MIDCAP SPDRs at any time or from time to time upon reasonable notice to the Distributor.

The Trust’s and Sponsor’s Duties. The Trust and Sponsor shall have the following duties: (a) The Trust and Sponsor agree to create Creation Unit size aggregations of UnitsSPDRs, subject to paragraph (ec) of this Section 1.4, and to request the Depository to record on its books the ownership of such Units SPDRs in accordance with the book-entry system procedures described in the Prospectus in such amounts as the Distributor has requested in writing or other means of data transmission, as promptly as practicable after receipt by the Trustee on behalf of the Trust of the requisite Portfolio Deposit and Cash Component (together with any fees) for such creations and acceptance by the Trustee or by the Distributor on behalf of the Trust of a creation order for such UnitsSPDRs, upon the terms described in the Registration Statement. (b) The Trust and Sponsor shall furnish to the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Creation Units. The Trust and the Sponsor shall make available to the Distributor such number of copies of the current Prospectus as the Distributor may reasonably request. The Trust and the Sponsor authorize the Distributor to use the Prospectus, but the Trust and the Sponsor shall not be responsible in any way for any information, statements or representations given or made by the Distributor or its representatives or agents other than such information, statements or representations as are contained in the Prospectus or financial reports filed on behalf of the Trust or in any sales literature or advertisements specifically approved by the Trust and the Sponsor in writing. (c) The Sponsor agrees that it will take all necessary action to register an indefinite number of Units SPDRs under the 1933 Act, as amended. The Sponsor shall take, from time to time, such steps, including payment of the related filing fees, as may be necessary to register Units SPDRs under the 1933 Act and the 1940 Act to the end that all Creation Unit size aggregations of Units SPDRs will be properly registered under the 1933 Act and the 1940 Act. The Trust and the Sponsor agree to file from time to time such amendments, supplements, reports and other documents as may be necessary in order that there may be in a Registration Statement or Prospectus no (i) untrue statement of a material fact or (ii) omission to state a material fact necessary in order to make the statements therein, in the case of the Prospectus; in light of the circumstances in which made, not misleading. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor for inclusion in the Registration Statement or Prospectus. (d) The Trust and the Sponsor shall keep the Distributor informed of the states and other foreign and domestic jurisdictions in which the Trust has effected notice filings of shares of Units SPDRs for sale under the securities laws thereof. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Trust and the Sponsor in connection with such filings. (e) In accordance with the provisions of the then-current prospectus, the Trust may reject any creation order for Creation Unit aggregations of Units SPDRs or stop all receipts of creation orders for Units SPDRs at any time or from time to time upon reasonable notice to the Distributor.