Examples of Related ETF in a sentence
The Marketing Agent, on the one hand, and Sponsor, on the other hand, will share equally any and all fees earned from licensing the right to list option contracts and other exchange-traded derivatives that are specific to the Trust and to any Similar ETF or Related ETF which they bring to market.
For the avoidance of doubt, if the Marketing Agent is deemed to have rejected the opportunity, neither party shall be subject to any further obligation under this Article 9.1 in respect of such Related ETF, and the Sponsor will be able to work with third parties to distribute the Related ETF on economic terms that are equal to those set forth in the draft Product Annex or worse for the third party.
Any misrepresentation by Debtor to Secured Party in connection with the business and financial condition or organizational structure of Debtor or any misrepresentation relating to the Collateral.
If the Sponsor does not accept the opportunity to sponsor such related ETF pursuant to the Proposed Product Annex within thirty (30) days of receipt, the Marketing Agent shall present to the Sponsor a Final Product Annex that describes the Related ETF and provides for the proposed marketing arrangement to be governed by the terms and conditions of this Agreement for the Sponsor’s further consideration.
In circumstances where such right of first refusal applies, the Marketing Agent shall present to the Sponsor a Proposed Product Annex that describes the Related ETF, contains commercially reasonable and market based terms, and provides for the proposed marketing arrangement to be governed by the terms and conditions of this Agreement.
If, at the end of the Initial Term or at any time thereafter, the aggregate AUM of the Related ETFs is (A) [ ], the Sponsor will pay no Termination Payment with respect to such Related ETF, or (B) equal to or greater than $[ ] USD but less than $[ ] USD, the Sponsor will pay [ ] for such Related ETF calculated in accordance with Article 11.2(f) of the Marketing Agent Agreement, divided by twelve (12) and payable on a monthly basis.
In circumstances where such right of first refusal applies, the Sponsor shall present to the Marketing Agent a Proposed Product Annex, in the form of Exhibit C attached hereto (a “Proposed Product Annex”), that describes the Related ETF, contains commercially reasonable and market based terms, and provides for the proposed marketing arrangement to be governed by the terms and conditions of this Agreement.
Actual results may vary from those projected or implied by such forward-looking statements.
The Marketing Agent and the Sponsor shall jointly negotiate any unlisted trading privileges ("UTP") and dual listing rights relating to the Trust and any Similar ETF or Related ETF which they bring to market and determine the specialist for such rights.
If the Marketing Agent does not accept the opportunity to market such related ETF pursuant to the Proposed Product Annex within thirty (30) days of receipt, the Sponsor shall present to the Marketing Agent a Final Product Annex, in the form of Exhibit C attached hereto (a “Final Product Annex”), that describes the Related ETF and provides for the proposed marketing arrangement to be governed by the terms and conditions of this Agreement, for the Marketing Agent’s further consideration.