Common use of Trust Liability Clause in Contracts

Trust Liability. It is expressly acknowledged and agreed that (i) the obligations of the Trust hereunder shall not be binding upon any shareholder, Trustee, officer, employee or agent of the Trust or the Sponsor, personally, and (ii) the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to the Trust shall be enforceable against the assets of the Trust only, and not against the assets of any other trust sponsored by the Sponsor, and none of the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to any other trust shall be enforceable against the assets of the Trust. This Agreement has been duly authorized, executed and delivered by the Trust and neither such authorization nor such execution and delivery shall be deemed to have been made by any of them individually or to impose any liability on any of them personally.

Appears in 3 contracts

Samples: Form of Participant Agreement (VanEck Ethereum Trust), Form of Participant Agreement (VanEck Bitcoin Trust), Participant Agreement (Winklevoss Bitcoin Trust)

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Trust Liability. It is expressly acknowledged and agreed that (i) the obligations of the each Trust hereunder shall not be binding upon any shareholder, Trustee, officer, employee or agent of the such Trust or the SponsorManaging Owner, personally, and (ii) the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to the a particular Trust shall be enforceable against the assets of the that Trust only, and not against the assets of any other trust sponsored by the SponsorTrust, and none of the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to any other trust Trust shall be enforceable against the assets of the that Trust. This Agreement has been duly authorized, executed and delivered by the each Trust and neither such authorization nor such execution and delivery shall be deemed to have been made by any of them individually or to impose any liability on any of them personally.

Appears in 2 contracts

Samples: Participant Agreement, Form of Participant Agreement (FactorShares 2X: S&P500 Bull/Usd Bear)

Trust Liability. It is expressly acknowledged and agreed that (i) the obligations of the Trust hereunder shall not be binding upon any shareholder, Trustee, officer, employee or agent of the Trust or the SponsorManaging Owner, personally, and (ii) the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to the Trust shall be enforceable against the assets of the Trust only, and not against the assets of any other trust sponsored by the Sponsortrust, and none of the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to any other trust shall be enforceable against the assets of the Trust. This Agreement has been duly authorized, executed and delivered by the Trust and neither such authorization nor such execution and delivery shall be deemed to have been made by any of them individually or to impose any liability on any of them personallyTrust.

Appears in 2 contracts

Samples: Authorized Participant Agreement (ETF Managers Group Commodity Trust I), Authorized Participant Agreement (ETF Managers Group Commodity Trust I)

Trust Liability. It is expressly acknowledged and agreed that (i) the obligations of the Trust hereunder shall not be binding upon any shareholder, Trustee, officer, employee or agent of the Trust or the Sponsor, personally, and (ii) the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to the Trust shall be enforceable against the assets of the Trust only, and not against the assets of any other trust sponsored by the Sponsortrust, and none of the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to any other trust shall be enforceable against the assets of the Trust. This Agreement has been duly authorized, executed and delivered by the Trust and neither such authorization nor such execution and delivery shall be deemed to have been made by any of them individually or to impose any liability on any of them personallyTrust.

Appears in 1 contract

Samples: Participant Agreement (Direxion Shares ETF Trust II)

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Trust Liability. It is expressly acknowledged and agreed that (i) the obligations of the each Trust hereunder shall not be binding upon any shareholder, Trustee, officer, employee or agent of the such Trust or the SponsorManaging Owner, personally, and (ii) the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to the a particular Trust shall be enforceable against the assets of the that Trust only, and not against the assets of any other trust sponsored by the SponsorTrust, and none of the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to any other trust Trust shall be enforceable against the assets of the that Trust. .. This Agreement has been duly authorized, executed and delivered by the each Trust and neither such authorization nor such execution and delivery shall be deemed to have been made by any of them individually or to impose any liability on any of them personally.

Appears in 1 contract

Samples: Form of Participant Agreement (FactorShares S&P Gold Premium)

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