Examples of Up MacroShares in a sentence
The Administrative Agent may, in its sole discretion, undertake any such legal action which it may deem necessary or desirable for the benefit and interests of the Holders of the Up MacroShares and the rights and duties of the parties hereto.
The Trustee shall take no action which, nor omit to take any action the omission of which, would materially impair the rights of Holders of the Up MacroShares, nor shall it revise amounts to be distributed on the Up MacroShares, unless otherwise directed by the Administrative Agent, the Depositor or 66 and 2/3% of the Holders of the Up MacroShares.
The Holders of the Up MacroShares, by their acceptance of their shares, consent to State Street Bank and Trust Company, N.A. acting as Trustee under this Trust Agreement and as trustee for the Down Trust under the Down Trust Agreement.
The Administrative Agent shall take no action which, nor omit to take any action the omission of which, would substantially impair the rights of the Holders of the Up MacroShares in any Eligible Treasury.
The Administrative Agent shall, if required to do so under the federal securities laws of the United States, deliver at the time of issuance of any Up MacroShares in any manner permitted by such laws, a copy of the Prospectus, as most recently furnished to the Administrative Agent by the Depositor, to each person submitting a Creation Order.
The Depositor is duly qualified to do business and is in good standing as a foreign company (or is exempt from such requirements) and has obtained all necessary licenses and approvals in each jurisdiction in which failure to so qualify or to obtain such licenses and approvals would result in the performance by the Depositor of its obligations under this Trust Agreement to violate any applicable law and would have a material adverse effect on the interests of the Holders of the Up MacroShares hereunder.
The Trustee will maintain at its expense an office or agency (the "Corporate Trust Office") where notices and demands to or upon the Trustee in respect of the Up MacroShares and this Trust Agreement may be served.
No Event of Bankruptcy with respect to the Depositor has occurred which would materially and adversely affect the validity or enforceability of this Trust Agreement or the Up MacroShares.
Except as set forth in Section 3.2, the Trustee makes no representations as to the validity or sufficiency of this Trust Agreement or of the Up MacroShares (other than the certificate of authentication on the Up MacroShares).
Global Certificates evidencing the Up MacroShares bearing the manual or facsimile signature of a duly authorized signatory of the Trustee and the manual or facsimile signature of a duly authorized officer of the Depositor, if applicable, who was, at the time such Global Certificates were executed, a proper signatory of the Trustee or the Depositor, as applicable, shall bind the Trustee, notwithstanding that such signatory has ceased to hold such office prior to the delivery of such Global Certificates.