TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that the Trust as a third party beneficiary to this Agreement is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 39 contracts
Samples: Authorized Participant Agreement (Tidal Trust III), Authorized Participant Agreement (Morgan Stanley ETF Trust), Authorized Participant Agreement (Tidal ETF Trust II)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that the Trust as is a third party beneficiary to this Agreement and, as such, is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 7 contracts
Samples: Authorized Participant Agreement (Texas Capital Funds Trust), Authorized Participant Agreement (Capitol Series Trust), Form of Authorized Participant Agreement (Uncommon Investment Funds Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant Participant, the Distributor, and the Distributor Transfer Agent understand and agree that the Trust Trust, as a third third-party beneficiary to this Agreement Agreement, is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust. The Participant agrees to cooperate with the Trust, Transfer Agent, and the Distributor if a request for information or records is made to the Participant.
Appears in 4 contracts
Samples: Authorized Participant Agreement, Authorized Participant Agreement (PIMCO ETF Trust), Authorized Participant Agreement (PIMCO ETF Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that the Trust as a third third-party beneficiary to this Agreement is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 2 contracts
Samples: Authorized Participant Agreement (Matthews International Funds), Authorized Participant Agreement (Advisors Series Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that the Trust as is a third third-party beneficiary to this Agreement and, as such, is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 2 contracts
Samples: Authorized Participant Agreement (Arrow ETF Trust), Authorized Participant Agreement (Arrow Investments Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that the Trust as a third party beneficiary to this Agreement is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust, and the Participant agrees to cooperate with the Trust and the Distributor if a request for information or records is made to the Participant.
Appears in 1 contract
Samples: Authorized Participant Agreement (Bear Stearns Active Etf Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that the Trust Trust, as a third party beneficiary to this Agreement Agreement, is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 1 contract
Samples: Authorized Participant Agreement (NuShares ETF Trust)
