Up MacroShares definition
Examples of Up MacroShares in a sentence
If the amount actually invested on the last Distribution Date was less than the Up Aggregate Par Amount, then the “Up Investment Amount” for each day during the ensuing Calculation Period will equal the amount that was actually invested divided by the number of Up MacroShares outstanding on that Distribution Date, multiplied by the number of Up MacroShares that are outstanding on the date of measurement.
The “Up Investment Amount” on any other day occurring during any Calculation Period will equal the Aggregate Par Amount of the Up MacroShares that are outstanding on that day if the amount actually invested on the preceding Distribution Date was equal to the Up Aggregate Par Amount on that day.
The Up MacroShares shall be evidenced by one or more global certificates substantially in the form set forth in Exhibit A attached hereto, with appropriate insertions, modifications and omissions as hereinafter provided (each such certificate, a "Global Certificate").
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.
Subject to the requirements and limitations set forth herein and in the Participants Agreement, the number of Up MacroShares that the Up Trust may issue as part of a Paired Issuance is unlimited.
The Trustee hereby (i) acknowledges its acceptance on behalf of the Up Trust of all right and title to and interest in the Trust Assets, both now existing and hereafter created, and (ii) declares that it shall maintain such right, title and interest, upon the Up Trust herein set forth, for the benefit of all Holders of the Up MacroShares.
The Depositor may use any convention or combination of conventions that it believes is reasonable for U.S. federal income tax purposes regarding the allocation of items of income, gain, loss, deduction and expense with respect to transferred Up MacroShares and redeemed Up MacroShares.
If the aggregate amount of recognized capital loss to be so allocated to all Holders who have redeemed any Up 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 Up MacroShares on such day.
No failure by the Trustee or the Holders of the Up MacroShares to exercise any right, remedy, power or privilege under this Trust Agreement, and no delay in such exercise, shall operate as a waiver of such right, remedy, power or privilege; nor shall any single or partial exercise of any right, remedy, power or privilege under this Trust Agreement preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If the aggregate amount of recognized capital gain to be so allocated to all Holders who have redeemed Up MacroShares on such day is less than the excess of all such amounts received upon redemption over all such tax basis accounts, then items of ordinary income shall be allocated first to all such Holders up to any excess of all such amounts.