Examples of Ether Custodian in a sentence
The Sponsor, the Administrative Trustee and the Trust shall have no liability for any loss of ether occurring after the Delivery of ether by the Ether Custodian or the Prime Execution Agent, as applicable, to the Authorized Participant or the Ether Trading Counterparty, as applicable (and for the avoidance of doubt, shall have no liability for any loss of ether while held by the Ether Custodian or Prime Execution Agent absent gross negligence or bad faith by the Sponsor and the Administrative Trustee).
The Sponsor has agreed to assume and pay the normal operating expenses of the Trust, which include the Trustee’s monthly fee and out-of-pocket expenses, the fees of the Trust’s regular service providers (Cash Custodian, Ether Custodian, Prime Execution Agent, Marketing Agent, Transfer Agent and Administrator), Exchange listing fees, tax reporting fees, SEC registration fees, printing and mailing costs, audit fees and ordinary legal expenses.
The Sponsor, the Administrative Trustee and the Trust shall have no liability for any loss of ether occurring prior to the Delivery of ether to the Ether Custodian or Prime Execution Agent, as applicable, by the Authorized Participant (and for the avoidance of doubt, shall have no liability for any loss of ether while held by the Ether Custodian or Prime Execution Agent absent gross negligence or bad faith by the Sponsor and the Administrative Trustee).
The Liquidity Provider delivers Ether to the Trust’s Clearing Account in exchange for the cash purchase price, a delivery facilitated by the Ether Custodian under the Clearing Agreement (as defined in the Registration Statement).
Prior to the delivery of the redemption distribution for a Redemption Order, the Authorized Participant must also have wired to the Sponsor’s account at the Ether Custodian or the Cash Custodian (as the case may be) the non-refundable transaction fee due for the Redemption Order.
The Authorized Participant understands and agrees that in the event Deposit Property is not transferred to the Trust by the time specified in the Purchase Order and in compliance with the Procedures and the Trust Agreement, a Purchase Order will be cancelled by the Administrative Trustee and the Authorized Participant will be solely responsible for all costs incurred by the Trust, the Administrative Trustee, BRIL, the Ether Custodian or the Cash Custodian related to the cancelled Order.
The phone lines used by the Administrative Trustee, the Ether Custodian and the Cash Custodian or their affiliated persons may be recorded, and the Authorized Participant hereby consents to the recording of all calls with any of those parties.
If such failure is not cured within such two (2) Business Day period, the Transfer Agent (in consultation with the Sponsor) will cancel such Redemption Order and will send via fax or electronic mail message notice of such cancellation to the Authorized Participant and the Ether Custodian, and the Authorized Participant will be solely responsible for all costs incurred by the Trust, the Transfer Agent, the Sponsor or the Ether Custodian related to the cancelled Redemption Order.
Prior to the delivery of baskets for a Purchase Order, the Authorized Participant must have wired to the Ether Custodian or the Cash Custodian (as the case may be) the nonrefundable transaction fee, if applicable, due for the Purchase Order.
Upon settlement of the ether sale by the Trust to the Liquidity Provider and the receipt of the Liquidity Provider’s cash in the Trust’s Clearing Account, the Trust instructs the Ether Custodian to transfer the cash to the Trust’s Cash Custodian account.