Common use of Beneficial Owner Communications Clause in Contracts

Beneficial Owner Communications. The Authorized Participant agrees (i) subject to any limitations arising under federal or state securities laws relating to privacy, its internal privacy policies, or other obligations it may have to its customers, to assist the Trustee or the Sponsor in determining certain information regarding sales of Shares made by or through the Authorized Participant (including, without limitation, the ownership level of each beneficial owner relating to positions in Shares that the Authorized Participant may hold as record holder) upon the request of the Trustee or the Sponsor that is necessary for the Trustee or Sponsor to comply with their obligations to distribute information to beneficial owners of Shares under applicable state or federal securities laws or (ii) in lieu thereof, and at the option of the Authorized Participant, to forward to such beneficial owners written materials and communications received from the Sponsor or the Trustee in sufficient quantities to allow mailing thereof to such beneficial owners, including notices, annual reports, disclosure or other informational materials and any amendments or supplements thereto that may be required to be sent by the Sponsor or the Trustee to such beneficial owners pursuant applicable law or regulation or otherwise, or that the Sponsor or the Trustee reasonably wishes to distribute to such beneficial owners, in each case at the expense of the Sponsor and/or the Trust.

Appears in 14 contracts

Samples: Authorized Participant Agreement (Abrdn Palladium ETF Trust), Authorized Participant Agreement (Abrdn Silver ETF Trust), Authorized Participant Agreement (Abrdn Platinum ETF Trust)

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Beneficial Owner Communications. The Authorized Participant agrees (i) subject to any limitations arising under federal or state securities laws relating to privacy, its internal privacy policies, or other obligations it may have to its customers, to assist the Trustee or the Sponsor in determining certain information regarding sales of Shares made by or through the Authorized Participant (including, without limitation, the ownership level of each beneficial owner relating to positions in Shares that the Authorized Participant may hold as record holder) upon the request of the Trustee or the Sponsor that is necessary for the Trustee or Sponsor to comply with their obligations to distribute information to beneficial owners of Shares under applicable state or federal securities laws or (ii) in lieu thereof, and at the option of the Authorized Participant, to forward to such beneficial owners written materials and communications received from the Sponsor or the Trustee in sufficient quantities to allow mailing thereof to such beneficial owners, including notices, annual reports, disclosure or other informational materials and any amendments or supplements thereto that may be required to be sent by the Sponsor or the Trustee to such beneficial owners pursuant applicable law or regulation or otherwise, or that the Sponsor or the Trustee reasonably wishes to distribute to such beneficial owners, in each case at the expense of the Sponsor and/or the Trust.. 

Appears in 6 contracts

Samples: Authorized Participant Agreement, Authorized Participant Agreement (ETFS Gold Trust), Authorized Participant Agreement (ETFS Precious Metals Basket Trust)

Beneficial Owner Communications. The Authorized Participant agrees (i) subject to any limitations arising under federal or state securities laws relating to privacy, its internal privacy policies, or other obligations it may have to its customers, to assist the Trustee Transfer Agent or the Sponsor in determining certain information that the Authorized Participant may have in its possession regarding sales of Shares made by or through the Authorized Participant (including, without limitation, the ownership level of each beneficial owner relating to positions in Shares that the Authorized Participant may hold as record holder) upon the request of the Trustee Transfer Agent or the Sponsor that is necessary for the Trustee Transfer Agent or Sponsor to comply with their obligations to distribute information to beneficial owners of Shares under applicable state or federal securities laws or and (ii) in lieu thereof, and at the option of the Authorized Participant, to forward to such beneficial owners written materials and communications received received, directly or indirectly, from the Sponsor or the Trustee Transfer Agent in sufficient quantities to allow mailing thereof to such beneficial owners, including including, without limitation, notices, annual reports, disclosure or other informational materials and any amendments or supplements thereto that may be required to be sent by the Sponsor or the Trustee Transfer Agent to such beneficial owners pursuant to applicable law or regulation or otherwise, or that the Sponsor or the Trustee Transfer Agent reasonably wishes to distribute to such beneficial owners, in each case at the expense of the Sponsor and/or the Trust.

Appears in 2 contracts

Samples: Authorized Participant Agreement (Grayscale Bitcoin Mini Trust (BTC)), Authorized Participant Agreement (Grayscale Bitcoin Trust (BTC))

Beneficial Owner Communications. The Authorized Participant agrees (i) subject to any limitations arising under federal or state securities laws relating to privacy, its internal privacy policies, policies or other obligations it may have to its customers, to assist the Trustee or Sponsor and the Sponsor Administrative Agent in determining certain information regarding sales of Shares made by or through the Authorized Participant (including, without limitation, the ownership level of each beneficial owner relating to positions in Shares that the Authorized Participant may hold as record holder) upon the request of the Trustee Sponsor or the Sponsor Administrative Agent that is necessary for the Trustee Sponsor or Sponsor the Administrative Agent to comply with their any obligations to distribute information to beneficial owners of Shares under applicable state or federal securities laws or (ii) in lieu thereof, and at the option of the Authorized Participant, to forward to such beneficial owners written materials and communications received from the Sponsor or the Trustee in sufficient quantities to allow mailing thereof to such beneficial owners, including notices, annual reports, disclosure or other informational materials and any amendments or supplements thereto that may be required to be sent by the Sponsor or the Trustee to such beneficial owners pursuant applicable law or regulation or otherwise, or that the Sponsor or the Trustee reasonably wishes to distribute to such beneficial owners, in each case at the expense of the Sponsor and/or the Trust.

Appears in 1 contract

Samples: Authorized Participant Agreement (J.P. Morgan Physical Copper Trust)

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Beneficial Owner Communications. The Authorized Participant agrees (i) subject to any limitations arising under federal or state securities laws relating to privacy, its internal privacy policies, or other obligations it may have to its customers, to assist the Trustee Transfer Agent or the Sponsor in determining certain information regarding sales of Shares made by or through the Authorized Participant (including, without limitation, the ownership level of each beneficial owner relating to positions in Shares that the Authorized Participant may hold as record holder) upon the request of the Trustee Transfer Agent or the Sponsor that is necessary for the Trustee Transfer Agent or Sponsor to comply with their obligations to distribute information to beneficial owners of Shares under applicable state or federal securities laws or (ii) in lieu thereof, and at the option of the Authorized Participant, to forward to such beneficial owners written materials and communications received from the Sponsor or the Trustee Transfer Agent in sufficient quantities to allow mailing thereof to such beneficial owners, including notices, annual reports, disclosure or other informational materials and any amendments or supplements thereto that may be required to be sent by the Sponsor or the Trustee Transfer Agent to such beneficial owners pursuant applicable law or regulation or otherwise, or that the Sponsor or the Trustee Transfer Agent reasonably wishes to distribute to such beneficial owners, in each case at the expense of the Sponsor and/or the Trust.

Appears in 1 contract

Samples: Authorized Participant Agreement (Bitwise Bitcoin ETF)

Beneficial Owner Communications. The Authorized Participant agrees (i) subject to any limitations arising under federal or state securities laws relating to privacy, its internal privacy policies, or other obligations it may have to its customers, to assist the Trustee or the Administrative Sponsor in determining certain information regarding sales or ownership of Shares made by or through the Authorized Participant (including, without limitation, the ownership level or mailing or other contact information of each beneficial owner Beneficial Owner relating to positions in Shares that the Authorized Participant may hold as record holder) upon the request of the Trustee or the Administrative Sponsor that is necessary for the Trustee or Administrative Sponsor to comply with their obligations to distribute information to beneficial owners of Shares Beneficial Owners under applicable state or federal securities laws laws, and the Authorized Participant shall provide any such information to any delegee (such as a proxy solicitation firm) of the Trustee or the Administrative Sponsor and (ii) in lieu thereof, and at the option of the Authorized Participant, to forward to such beneficial owners Beneficial Owners written materials and communications received received, directly or indirectly, from the Administrative Sponsor or the Trustee in sufficient quantities to allow mailing thereof to such beneficial ownersBeneficial Owners, including including, without limitation, notices, annual reports, disclosure or other informational materials and any amendments or supplements thereto that may be required to be sent by the Administrative Sponsor or the Trustee to such beneficial owners Beneficial Owners pursuant to applicable law or regulation or otherwise, or that the Administrative Sponsor or the Trustee reasonably wishes to distribute to such beneficial ownersBeneficial Owners, in each case at the expense of the Sponsor and/or Custodial Sponsor, in accordance with the TrustTrust Agreement.

Appears in 1 contract

Samples: Authorized Participant Agreement (Perth Mint Physical Gold ETF)

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