Examples of Down MacroShares in a sentence
If the amount actually invested on the last Distribution Date was less than the Down Aggregate Par Amount, then the “Down Investment Amount” for each day of the ensuing Calculation Period will equal the amount that was actually invested divided by the number of Down MacroShares outstanding on that Distribution Date, multiplied by the number of Down MacroShares that are outstanding on the date of measurement.
The “Down Investment Amount” on any other day occurring during any Calculation Period will equal the aggregate par amount of the Down MacroShares that are outstanding on that day if the amount actually invested on the preceding Distribution Date was equal to the Down Aggregate Par Amount on that day.
This Trust Agreement will inure to the benefit of and be binding upon the parties hereto, the Holders of the Up MacroShares, the Holders of the Down MacroShares and their respective successors and permitted assigns.
The Trustee shall not, for so long as it acts as Trustee hereunder, acquire any Up MacroShares or Down MacroShares for its own account.
Each MacroShares Trust will either be an "Up Trust" which will issue "Up MacroShares" or a "Down Trust" which will issue "Down MacroShares" (together with the Up MacroShares, the "MacroShares").
It is the intention of the parties to this Trust Agreement that the Holders of the Down MacroShares shall not be personally liable for obligations of the Down Trust, that the interests in the Down Trust represented by the Down MacroShares shall be nonassessable for any losses or expenses of the Down Trust or for any reason whatsoever and that the Down MacroShares upon authentication thereof by the Trustee pursuant to Section 2.5 are and shall be deemed fully paid.
The Administrative Agent shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties as Administrative Agent in accordance with this Trust Agreement and which in its reasonable judgment may involve it in any expense or liability unless the Administrative Agent has obtained an indemnity from the Holders of the Down MacroShares sufficient to hold it harmless from such liability.
All rights of action and claims under this Trust Agreement or the Down MacroShares may be prosecuted and enforced by the Trustee without the possession of any of the Down MacroShares or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee.
If the aggregate amount of recognized capital loss to be so allocated to all Holders who have redeemed any Down MacroShares on such day is less than the aggregate excess of all such tax basis accounts over all such amounts received upon redemption, the entire amount of loss for such day shall be allocated among all such Holders in the ratio that each such Holder's excess bears to the aggregate excess of all such Holders who redeemed any of their Down MacroShares on such day.
This Trust Agreement will inure to the benefit of and be binding upon the parties hereto, the Holders of the Down MacroShares, the Holders of the Up MacroShares and their respective successors and permitted assigns.