Common use of Allocation of Distributions Clause in Contracts

Allocation of Distributions. Initially, distributions shall be made by the Managing Owner, and the Managing Owner shall have sole discretion in determining the amount and frequency of distributions, other than redemptions, with respect to the Units; 37 provided, however, that no distribution shall be made that violates the Delaware Trust Statute. The aggregate distributions made in a Tax Year (other than distributions on termination, which shall be allocated in the manner described in Article XIII) shall be allocated among the holders of record of Units in the ratio in which the number of Units held of record by each of them bears to the number of Units held of record by all of the Unitholders as of the record date of such distribution; provided, further, however, that any distribution made in respect of a Unit shall not exceed the book capital account for such Unit.

Appears in 5 contracts

Samples: Trust and Trust Agreement (FactorShares 2X: S&P500 Bull/TBond Bear), Trust and Trust Agreement (FactorShares 2X: Gold Bull/S&p500 Bear), Trust and Trust Agreement (FactorShares 2X: Oil Bull/S&p500 Bear)

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Allocation of Distributions. Initially, distributions shall be made by the Managing Owner, and the Managing Owner shall have sole discretion in determining the amount and frequency of distributions, other than redemptions, with respect to the Units; 37 provided, however, that no distribution shall be made that violates the Delaware Trust Statute. The aggregate distributions made in a Tax Year (other than distributions on termination, which shall be allocated in the manner described in Article XIII) shall be allocated among the holders of record of Units in the ratio in which the number of Units held of record by each of them bears to the number of Units held of record by all of the Unitholders as of the record date of such distribution; provided, further, however, that any distribution made in respect of a Unit shall not exceed the book capital account for such Unit.

Appears in 1 contract

Samples: Trust Agreement (STREAM S&P Dynamic Roll Global Commodities Fund)

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Allocation of Distributions. Initially, distributions shall be made by the Managing Owner, and the Managing Owner shall have sole discretion in determining the amount and frequency of distributions, other than redemptions, with respect to the UnitsShares; 37 provided, however, that no distribution shall be made that violates the Delaware Trust Statute. The aggregate distributions made in a Tax Fiscal Year (other than distributions on termination, which shall be allocated in the manner described in Article XIII) shall be allocated among the holders of record of Units Shares in the ratio in which the number of Units Shares held of record by each of them bears to the number of Units Shares held of record by all of the Unitholders Shareholders as of the record date of such distribution; provided, further, however, that any distribution made in respect of a Unit Share shall not exceed the book capital account for such UnitShare.

Appears in 1 contract

Samples: Trust and Trust Agreement (GreenHaven Continuous Commodity Index Fund)

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