Examples of Licensed Index in a sentence
The Product shall be a Unit Investment Trust that has the following characteristics: (i) the fund has the investment objective of replicating the performance of the Licensed Index; (ii) is organized under the laws of the Investment Company Act of the United States and (iii) is not traded or listed on an Organized Securities Markets (as defined below) (e.g., is not exchange traded, electronically or otherwise).
In the event that Advisor (or its agent or representative, as applicable) determines to cease to calculate or publish the Licensed Index, and the License Agreement is thereby terminated, then this Agreement shall also terminate.
Notwithstanding the foregoing, the Advisor shall not have any liability to the Trust arising out of the termination of this Agreement due to the cessation of the Licensed Index.
Advisor shall provide the Trust with advance notice of any material adjustments or changes to the Licensed Index.
The Trust shall, at all times, attribute credit for the Licensed Index to IndexIQ and/or the Advisor, as applicable, under such attribution as Advisor specifies in writing from time to time.
The Trust shall not edit, modify or revise the Licensed Index in any manner whatsoever without first obtaining Advisor’s prior written consent thereto, which may be granted or withheld at Advisor’s sole discretion.
Notwithstanding the foregoing, Lattice shall not have any liability to either Licensee arising out of the termination of this Agreement due to the cessation of the Licensed Index.
Except for the licenses and use rights expressly granted pursuant to this Agreement, nothing contained in this Agreement or otherwise shall be construed to grant to the Trust any right, title, license or other interest (whether by estoppel, by implication or otherwise) in, to or under a Licensed Index, a Licensed Mxxx, or any other confidential information of Advisor, IndexIQ or its licensors, as applicable, and any rights not expressly granted in this Agreement are expressly reserved.
Subject to the requirements set forth herein, Advisor hereby grants to the Trust a non-exclusive license during the term of this Agreement to use a Licensed Index or Licensed Mxxx within the Territory, and in accordance with the terms of this Agreement, solely in connection with a Trust Offering.
In the event of an infringement action against Advisor with respect to the Licensed Index, or in the event Advisor believes such a claim is likely, Advisor shall be entitled at its option to: (i) appropriately modify the Licensed Index; (ii) obtain a license from the third party to allow the Trust to continue using it in accordance with this Agreement; or (iii) if neither (i) nor (ii) is commercially practicable, terminate this Agreement.