TRUST AS THIRD PARTY BENEFICIARY. The parties understand and agree that the Trust, as a third party beneficiary to this Agreement, is entitled and intend 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 16 contracts
Samples: Authorized Participant Agreement (Valkyrie ETF Trust II), Participant Agreement (ALPS ETF Trust), Distribution Agreement (Select Sector SPDR Trust)
TRUST AS THIRD PARTY BENEFICIARY. The parties understand Participant understands and agree agrees that the Trust, Trust (as a third party beneficiary to this Agreement, ) is entitled and intend 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 9 contracts
Samples: Authorized Participant Agreement (Manager Directed Portfolios), Authorized Participant Agreement (Listed Funds Trust), Authorized Participant Agreement (Manager Directed Portfolios)
TRUST AS THIRD PARTY BENEFICIARY. The parties understand and agree that the TrustTrust (including the Trustee acting on its behalf), as a third party beneficiary to this Agreement, is entitled and intend 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 4 contracts
Samples: Participant Agreement (SPDR Dow Jones Industrial Average Etf Trust), Participant Agreement (SPDR S&p 500 Etf Trust), Participant Agreement (SPDR Dow Jones Industrial Average Etf Trust)
TRUST AS THIRD PARTY BENEFICIARY. The parties understand and agree that the Trust, as a third third-party beneficiary to this Agreement, is entitled and intend intends to proceed directly against the Authorized Participant in the event that the Authorized Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 3 contracts
Samples: Authorized Participant Agreement (Investment Managers Series Trust II), Authorized Participant Agreement (Investment Managers Series Trust II), Authorized Participant Agreement (Investment Managers Series Trust II)
TRUST AS THIRD PARTY BENEFICIARY. The parties understand and agree that the Trust, as a third party beneficiary to this Agreement, is entitled and intend 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 3 contracts
Samples: Participant Agreement (Hartford Funds Exchange-Traded Trust), Participant Agreement (Lattice Strategies Trust), Participant Agreement (Hartford Funds NextShares Trust)
TRUST AS THIRD PARTY BENEFICIARY. The parties Participant and the Distributor understand and agree that each of the Trust, Funds and the Trust as a third party beneficiary beneficiaries to this Agreement, Agreement is entitled and intend 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 Funds or Trust.
Appears in 2 contracts
Samples: Authorized Participant Agreement (Forum ETF Trust), Authorized Participant Agreement (Forum ETF Trust)
TRUST AS THIRD PARTY BENEFICIARY. The parties understand and agree that the TrustTrusts, as a third party beneficiary beneficiaries to this Agreement, is are entitled and intend 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 applicable Trust.
Appears in 2 contracts
Samples: Participant Agreement (SPDR INDEX SHARES FUNDS (Formerly streetTRACKS Index Shares Funds)), Participant Agreement (SPDR Series Trust)
TRUST AS THIRD PARTY BENEFICIARY. The parties understand and agree Participant understands that the Trust, Trust as a third party beneficiary to this Agreement, Agreement is entitled and intend 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 (Strategy Shares), Authorized Participant Agreement (Pointbreak ETF Trust)
TRUST AS THIRD PARTY BENEFICIARY. The parties understand and agree that the each Trust, as a third party beneficiary to this Agreement, is entitled and intend 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 each such Trust.
Appears in 2 contracts
Samples: Participant Agreement (Natixis ETF Trust), Participant Agreement (Natixis ETF Trust II)
TRUST AS THIRD PARTY BENEFICIARY. The parties understand and agree that the Trust, as a third party beneficiary to this Agreement, is entitled and intend intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this A-12 Agreement that benefit the Trust.
Appears in 1 contract
TRUST AS THIRD PARTY BENEFICIARY. The parties understand and agree that the Trust, as Trust shall be a third third-party beneficiary to of this Agreement, Agreement and is entitled and intend to proceed enforce directly against the Participant the obligations owed to the Trust by the Participant (including, without limitation, bringing proceedings against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust's name).
Appears in 1 contract
