Underlying Indices Clause Samples

Underlying Indices. (a) The Underlying Index for each Initial Fund shall be as follows: AccuShares S&P GSCI Spot Fund S&P GSCI Spot AccuShares S&P GSCI Agriculture and Livestock Spot Fund S&P GSCI Agriculture and Livestock Spot AccuShares S&P GSCI Industrial Metals Spot Fund S&P GSCI Industrial Metals Spot AccuShares S&P GSCI Crude Oil Spot Fund S&P GSCI Crude Oil Spot AccuShares S&P GSCI ▇▇▇▇▇ Oil Spot Fund S&P GSCI ▇▇▇▇▇ Crude Spot AccuShares S&P GSCI Natural Gas Spot Fund S&P GSCI Natural Gas Spot AccuShares Spot CBOE VIX Fund CBOE Volatility Index (b) At any time, the Sponsor may, in its sole and absolute discretion, replace the Underlying Index of any Initial Fund with a different index, and such index shall be such Fund’s Underlying Index as of such time and, solely for purposes of determining, following adoption of such index, the level of such index as of the Prior Distribution Date, as of the Prior Distribution Date; provided, however, that no such substitution may result in (i) a change in the Class Values per Share of the Fund that is the subject of the substitution at the time of substitution; or (ii) (x) a change in the referenced commodity or commodities tracked by the original Underlying Index, in the case of the AccuShares S&P GSCI Spot Fund, the AccuShares S&P GSCI Agriculture and Livestock Spot Fund, the AccuShares S&P GSCI Industrial Metals Spot Fund, the AccuShares S&P GSCI Crude Oil Spot Fund, the AccuShares S&P GSCI ▇▇▇▇▇ Oil Spot Fund or the AccuShares S&P GSCI Natural Gas Spot Fund, or (y) the Fund no longer tracking measures of stock market price volatility, in the case of the AccuShares Spot CBOE VIX Fund. The Sponsor shall provide notice of any such substitution to the affected Fund’s Shareholders by such means and within such time as may be required by applicable laws and regulations or the rules of the Exchange or otherwise as the Sponsor may determine in its sole and absolute discretion. (c) If an Initial Fund’s Underlying Index ceases to be published at any time (an “Index Disruption”), the Sponsor may, in its sole and absolute discretion: (i) unless the Underlying Index subject to the Index Disruption (the “Previous Index”) resumes publication prior to such action, either replace the Previous Index with a different index (a “Replacement Index”) in accordance with Section 4.3(b) hereof, or cause such Fund to dissolve and redeem all of its outstanding Shares in accordance with Section 9.7 hereof, in either case within such time period prior to an...
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Underlying Indices. (a) The Underlying Index for each Fund shall be as follows: AccuShares S&P GSCI Industrial Metals Spot Fund S&P GSCI Industrial Metals Spot AccuShares S&P GSCI Crude Oil Excess Return Fund S&P GSCI Crude Oil Excess Return AccuShares S&P GSCI ▇▇▇▇▇ Oil Spot Fund S&P GSCI ▇▇▇▇▇ Crude Spot AccuShares S&P GSCI Natural Gas Spot Fund S&P GSCI Natural Gas Spot AccuShares S&P 500 VIX Front-Month Futures Index Fund S&P 500 VIX Front-Month Futures Index AccuShares Spot CBOE VIX Fund CBOE Volatility Index
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