Contractual Settlement. (a) Through the CNS Clearing Process: (1) Except as provided below, the Shares of any Fund must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Fund on or before the Contractual Settlement Date (defined below). The Trust will make available on the Domestic Contractual Settlement Date, the Cash Component less the applicable Transaction Fee. The “Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily on the first Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed. Except as provided in the next two paragraphs, the Redemption Securities and any cash component will be delivered concurrently with the transfer of good title to the Trust of the required number of Shares through the NSCC’s CNS system. (2) The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount ) to be added to the Cash Component to replace any Redemption Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below). Any settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectus. (3) If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request. (4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process. (b) Outside the CNS Clearing Process: (1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance. (2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
Appears in 5 contracts
Sources: Trust Agreement, Trust Agreement (Bitwise ETF Trust), Declaration of Trust and Trust Agreement (Teucrium Commodity Trust)
Contractual Settlement. Authorized Participants shall have the following contractual settlement requirements for cash Redemption Orders:
(a) Through Authorized Participants shall place the CNS Clearing Process:Redemption Order before 12.00 p.m. ET and may be required (as communicated by the Sponsor) to pre-fund cash with the Cash Custodian before 2 p.m. ET on the Trade Date, in an amount to be determined by the Sponsor (which may generally be around 25% of the Redemption Basket Deposit). The Sponsor will communicate to the Authorized Participant any changes related to the cash pre-funding requirements through electronic means and before market open.
(1b) Except as provided below, the Shares of any Fund the applicable Trust must be delivered either (i) through the Continuous Net Settlement (“CNS”) clearing processes of NSCC as such processes have been enhanced to effect purchases and redemptions of Creation Units, such processes being referred to herein as the “CNS Clearing Process”, to a DTC account maintained at the applicable custodian of any Fund BNY Mellon on or before the Contractual Settlement Date (defined below) or (ii) outside the CNS Clearing Process (i.e., through the manual process of The Depository Trust Company (“DTC”). The Trust will make available ) (the “DTC Process”) to a DTC account maintained at BNY Mellon on or before the Domestic Contractual Settlement Date, the Cash Component less the applicable Transaction Fee. The “Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are is delivered by the Trust to the AP (ordinarily on the first trade date plus one (t + 1) Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedDay). Except as provided in the next two paragraphsparagraph, the Redemption Securities and any cash component will be delivered concurrently with the transfer of good title to the applicable Trust of the required number of Shares through the NSCC’s CNS systemClearing Process or the DTC Process.
(2) The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount ) to be added to the Cash Component to replace any Redemption Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below). Any settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectus.
(3c) If the Fundapplicable Trust’s DTC account has not been credited with all of the Baskets to be redeemed by 2 p.m. ET on the end of the settlement dateContractual Settlement Date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund applicable Trust receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fundapplicable Trust’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
(4d) In all cases The Sponsor may use the cash pre-funding to cover any potential trading costs associated with the Redemption Order, including those with Digital Asset Counterparties due to the Authorized Participants failure to deliver in full the Redemption Basket before 2 p.m. ET on the Contractual Settlement Date. Authorized Participants shall have the following contractual settlement requirements for a in-kind Redemption Orders:
(e) Authorized Participants shall place the Redemption Order placed with respect to TAGSbefore 12.00 p.m. ET.
(f) Except as provided below, contractual settlement the Shares of the applicable Trust must take place be delivered either (i) through the CNS Clearing Process.
, to a DTC account maintained at BNY Mellon on or before the Contractual Settlement Date or (bii) Outside outside the CNS Clearing Process (i.e., through DTC Process:
) to a DTC account maintained at BNY Mellon on or before the Contractual Settlement Date. The “Contractual Settlement Date” is the date upon which all of the required Shares must be delivered to the Trust and the Digital Assets delivered by the Trust to the AP, or at the AP’s direction, to an Authorized Participant Designee (ordinarily trade date plus one (t + 1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Day). Except as provided in the next two paragraphsparagraph, the Deposit Securities Digital Assets will not be delivered until concurrently with the transfer of good title to the applicable Trust of the required Redemption Baskets number of Shares through the CNS Clearing Process or the DTC Process.
(g) If the applicable Trust’s DTC account has not been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion credited with all of the TrustBaskets to be redeemed by 2 p.m. ET on the Contractual Settlement Date, the cash collateral) have been redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received by if the account, applicable Trust receives the Custodian will cause fee applicable to the delivery extension of the Redemption SecuritiesDistribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the applicable Trust’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled.
Appears in 5 contracts
Sources: Authorized Participant Agreement (21Shares Hyperliquid ETF), Authorized Participant Agreement (21Shares Dogecoin ETF), Authorized Participant Agreement (21Shares Solana ETF)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided below, the Shares of any Fund the Trust must be delivered through the NSCC National Securities Clearing Corporation (“NSCC”) to a DTC Depository Trust Company (“DTC”) account maintained at the applicable custodian of any Fund Trustee on or before the Domestic Contractual Settlement Date (defined below). The Trust Trustee will make available on the Domestic Contractual Settlement Date, the Cash Component next determined after acceptance of the Redemption Order, less the applicable purchase Transaction Fee. The “Domestic Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and Trustee and, the Redemption Deposit Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust Trustee to the AP (ordinarily on the first trade date plus two (t+2) Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedDays). Except as provided in the next two paragraphs, the Redemption Deposit Securities and any cash component representing Creation Units of Shares will be delivered issued concurrently with the transfer of good title to the Trust Trustee of the required number of Shares through the NSCC’s CNS systemContinuous Net Settlement (CNS) system and the delivery of the Cash Component less the purchase Transaction Fee through DTC.
(2) The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount ) to be added to the Cash Component to replace any Redemption Deposit Security with respect to a Fund the Trust which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below)) and will be at the expense of the Fund and will affect the value of all Shares of such Trust; but the Trustee may adjust the Transaction Fee within the parameters described below to protect ongoing shareholders. Any settlement outside the CNS Clearing Process may be is subject to additional requirements and fees as discussed in the Prospectus.
(3) If In the Fund’s DTC account has not been credited with all event that the number of the Baskets to be redeemed by the end of Shares is insufficient on the settlement datedate for Creation Unit(s) of Shares, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust Trustee may deliver the redemption distribution Deposit Securities notwithstanding a such deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible, which undertaking shall be secured by such AP’s delivery and maintenance of collateral consisting of cash having a value at least equal to 105% of the value of the missing Shares marked to market daily. The parties hereto further agree that the delivery of such collateral shall be made in accordance with Trustee may purchase the Cash Collateral Settlement Procedures, which such procedures shall be provided to missing Shares at any time and the AP by agrees to accept liability for any shortfall between the Transfer Agent upon request.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title cost to the Trust of purchasing such securities and the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion value of the Trustcollateral, the cash collateral) have been received which may be sold by the accountTrust at such time, and in such manner, as the Custodian will cause the delivery of the Redemption SecuritiesTrustee may determine in its sole discretion.
Appears in 4 contracts
Sources: Participant Agreement (Invesco BLDRS Index Funds Trust), Participant Agreement (Invesco QQQ Trust, Series 1), Participant Agreement (BLDRS Index Funds Trust)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided below, the Shares of any Fund Deposit Securities must be delivered through the NSCC National Securities Clearing Corporation (“NSCC”) to a DTC Depository Trust Company (“DTC”) account maintained at the applicable custodian of any Fund Trustee on or before the Domestic Contractual Settlement Date (defined below). The Trust will AP must also make available on or before the Contractual Settlement Date, by means satisfactory to the Trustee, immediately available or same day funds estimated by the Trustee to be sufficient to pay the Cash Component next determined after acceptance of the Purchase Order, together with the applicable purchase Transaction Fee. Any excess funds will be returned following settlement of the issue of the Creation Unit of Shares of the Trust. The “Domestic Contractual Settlement Date, the Cash Component less the applicable Transaction Fee. The “Contractual Settlement Date” with respect to redemptions is the earlier of (i) date upon which all of the required Shares must Deposit Securities, the Cash Component and any other cash amounts which may be due are delivered to the Trust Trustee and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily on the first (ii) trade date plus two (t+2) Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedDays. Except as provided in the next two paragraphs, a Creation Unit of Shares of the Redemption Securities and any cash component Trust will be delivered issued concurrently with the transfer of good title to the Trust Trustee of the required number portfolio of Shares Deposit Securities through the NSCC’s CNS systemContinuous Net Settlement (“CNS”) system and the payment of the Cash Component and the purchase Transaction Fee through DTC.
(2) The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount amount) to be added to the Cash Component to replace any Redemption Deposit Security with respect to a Fund the Trust which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below). ) and will be at the expense of the Trust and will affect the value of all Shares of the Trust; but the Trustee, subject to the approval of the Board, may adjust the “Transaction Fee” within the parameters described below to protect ongoing shareholders.
(3) Any settlement outside the CNS Clearing Process may be is subject to additional requirements and fees as discussed in the Prospectus.
(3) If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
Appears in 4 contracts
Sources: Participant Agreement (Invesco BLDRS Index Funds Trust), Participant Agreement (Invesco QQQ Trust, Series 1), Participant Agreement (BLDRS Index Funds Trust)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided below, the Shares of any domestic Fund must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Domestic Fund on or before the Domestic Contractual Settlement Date (defined below). The Trust will make available on the Domestic Contractual Settlement Date, the Cash Component less the applicable Transaction Fee. The “Domestic Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP (ordinarily on the first trade date plus one (t + 1) Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedDay). Except as provided in the next two paragraphs, the Redemption Securities and any cash component will be delivered concurrently with the transfer of good title to the Trust of the required number of Shares through the NSCC’s CNS Continuous Net Settlement (CNS) system.;
(2) The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount ) to be added to the Cash Component to replace any Redemption Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below). Any settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectus.
(3) If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible, which undertaking shall be secured by such the AP’s delivery and maintenance of collateral consisting of cash having a value at least equal to 115% of the value of the missing Shares. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Except as provided below, the Shares must be delivered to an account maintained at the Custodian on or before the International Contractual Settlement Date (defined below). The Trust will also make available on the International Contractual Settlement Date, immediately available or same day funds sufficient to pay the Cash Component, less the applicable Transaction Fee (as described in the Prospectus). The “International Contractual Settlement Date” of an International Fund is the earlier of (i) the date upon which all of the Redemption Securities are delivered to the AP and (ii) the latest day for settlement on the customary settlement cycle in the jurisdiction(s) where the any of the securities of such international Fund are customarily traded.
(2) Deliveries of redemption distributions by the Funds generally will be made by within three (3) Business Days. Due to the end schedule of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent holidays in advance; providedcertain countries, however, the delivery of in-kind Redemption Securities of international Funds may take longer than three Business Days after the redemption distributions by TAGS generally will be made by day on which the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advanceRedemption Order is placed.
(23) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
(4) The Trust may in its sole discretion permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount) to be added to the Cash Component to replace any Redemption Security which may not be available in sufficient quantity for delivery or for other similar reasons. If the Trust notifies the Marketing Agent that a “cash in lieu” amount will be delivered, the Marketing Agent will notify the AP and the AP shall receive, on behalf of itself or the party on whose behalf it is acting, the “cash in lieu” amount, with any appropriate adjustments as advised by the Trust. The AP may also elect to replace any Redemption Securities with a “cash in lieu” amount to the extent that the AP is not authorized to purchase the particular Redemption Securities from the Fund or is not able to sell the particular Redemption Securities in the secondary market, consistent with restrictions in applicable law or the AP’s internal policies and procedures.
(5) In the event that the number of Shares is insufficient on the International Contractual Settlement Date, the Trust may deliver the Deposit Securities notwithstanding such deficiency in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible, which undertaking shall be secured by such the AP’s delivery on the International Contractual Settlement Date and subsequent maintenance of collateral consisting of cash having a value at least equal to 115% of the value of the missing Shares. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
Appears in 4 contracts
Sources: Authorized Purchaser Agreement (Teucrium Commodity Trust), Authorized Purchaser Agreement (Teucrium Commodity Trust), Authorized Purchaser Agreement (Teucrium Commodity Trust)
Contractual Settlement. The Custodian shall credit or debit the appropriate cash account of the applicable Portfolio in connection with the purchase, sale, maturity, redemption or other disposition of securities and other assets held for the time being in the Portfolio on an actual settlement basis. Notwithstanding the foregoing, with respect to the markets set forth on Schedule E hereto the Custodian may, in its sole discretion, from time to time agree to provide a Portfolio with an arrangement whereby the Portfolio will be given the opportunity of settling the purchase, sale, maturity, redemption or other disposition of securities to be held in the Portfolio in the manner and subject to the terms and limitations described in this Article 5A. A transaction to which these contractual settlement provisions applies shall be called a "Covered Transaction."
(a) Through With respect to a Covered Transaction that represents a purchase of securities, the CNS Clearing ProcessCustodian shall debit the applicable Portfolio's cash account in accordance with Proper Instructions as of the time and date that monies would ordinarily be required to settle such a transaction in the applicable markets as set forth on Schedule E hereto. Such amounts shall be re-credited to the appropriate cash account on settlement date upon Proper Instructions to the Custodian that the Portfolio has canceled the Covered Transaction.
(b) With respect to the settlement of a Covered Transaction which is a sale, maturity, redemption or other disposition, provisional credit of an amount equal to the net sale, maturity, redemption or other disposition proceeds of the transaction (the "Settlement Amount") shall be made to the account of the applicable Portfolio as if the Settlement Amount had been received as of the close of business on the date that monies would ordinarily be required to settle such transaction in the applicable markets as set forth on Schedule E. Such provisional credit will be made if the Custodian has received Proper Instructions with respect to, or reasonable notice of, the Covered Transaction, as applicable, and if the Custodian or its agents are in possession of the asset(s) associated with the Covered Transaction in good deliverable form and are not aware of any facts which would lead them to reasonably believe that the Covered Transaction will not settle in the time period ordinarily applicable to transactions in the applicable market. In the event that the Custodian determines not to provide a provisional credit with respect to a particular transaction, the Custodian will promptly notify the Fund of this determination.
(c) For each Covered Transaction with respect to which the Custodian shall provide provisional credit in an amount up to the Settlement Amount (the "Credited Amount"), simultaneously with the making of such provisional credit, the Fund agrees that the Custodian shall have, and hereby grants to the Custodian, a firstpriority security interest in any property at any time held for the account of the applicable Portfolio to the full extent of the Credited Amount.
(d) The Custodian shall have the right, upon sending notice to the Fund, to reverse any provisional credit given in accordance with subsection (b) hereof in the event that the actual proceeds of the subject Covered Transaction have not been received by the Custodian, its agents or its sub-custodians within thirty (30) days of having made such provisional credit or at any time when the Custodian believes for reasonable cause that such Covered Transaction will not settle in accordance with its terms or amounts due pursuant thereto will not be collectable, as applicable (in which case the notice required herein will contain a description of such cause), whereupon (i) the Custodian shall promptly notify the Fund with respect thereto and (ii) a sum equal to the Credited Amount shall become immediately payable by the Fund to the Custodian and may be debited from any cash account held for benefit of the applicable Portfolio in accordance with the terms of any notice given hereunder; the Custodian's right to debit the account as set forth above shall not be contingent on the giving of notice to the Fund. The amount of any accrued dividends, interest and other distributions with respect to assets associated with such Covered Transaction may be set off against the Credited Amount.
(e) In the event that the Custodian is unable to debit an account of the Fund, with respect to the applicable Portfolio, and the Portfolio fails to pay any sums due to the Custodian at the time the same becomes payable in accordance with subsection (d), and such failure is not cured within one (1) business day after notice of such failure to the Fund, or if any of the following conditions occurs, the Custodian may charge the Fund for reasonable costs and expenses associated with the provisional credit, including without limitation the cost of funds associated therewith at the then-prevailing Federal Funds rate (or local market equivalent thereof where the Credited Amount was advanced), and the provisions of subsection (f) will apply:
(1) Except as provided below, If a final judgment for the Shares payment of money shall be rendered against a Portfolio and such judgment shall not have been discharged or its execution stayed pending appeal within sixty (60) days of entry or such judgment shall not have been discharged within sixty (60) days of expiration of any Fund must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Fund on or before the Contractual Settlement Date (defined below). The Trust will make available on the Domestic Contractual Settlement Date, the Cash Component less the applicable Transaction Fee. The “Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily on the first Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed. Except as provided in the next two paragraphs, the Redemption Securities and any cash component will be delivered concurrently with the transfer of good title to the Trust of the required number of Shares through the NSCC’s CNS system.such stay;
(2) The Trust reserves the right to permit Fund passing a resolution for its voluntary winding-up (otherwise than for the purpose of corporate reconstruction or require the substitution of an amount of cash (i.e., a “cash in lieu” amount ) to be added to the Cash Component to replace any Redemption Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed belowamalgamation). Any settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectus.;
(3) If the Fund’s DTC account has not been credited with all presentation of a petition for the Baskets to be redeemed by winding-up of or the end making of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited an administration order in relation to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.;
(4) In all cases for the appointment of a Redemption Order placed with respect receiver or administrator over any of the assets of the Fund; or
(5) the Fund ceasing or threatening to TAGS, contractual settlement must take place through the CNS Clearing Processcease to carry on its business.
(bf) Outside If an event outlined in subsection (e) occurs, including to the CNS Clearing Process:
extent permitted by applicable law the events described in (1) Deliveries of redemption distributions by through (5) thereof, the Funds generally will be made by Custodian shall have the end right to immediately execute and foreclose upon its security interest in any of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery assets of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advanceapplicable Portfolio.
(2g) Except as provided in the next two paragraphs, the Deposit Securities will The Custodian shall not be delivered until the obliged to transfer of good title any sums credited to a Portfolio in accordance with subsection (b) to or to the Trust order or benefit of the required Redemption Baskets of Shares has been completed. When Portfolio while any amount which is payable to the Custodian confirms under this Article 5A remains unpaid.
(h) The operation of the provisions of this Article 5A shall be without prejudice to any other remedies provided the Custodian in this Contract, including without limitation the remedies set forth in Article 13 hereof, or under any applicable law. The Fund agrees that the required Shares (orCustodian shall have a right of set-off against cash held for the applicable Portfolio in any currency for any amount provided to such Portfolio by the Custodian hereunder or from time to time arising out of or in connection with this Contract, when permitted in as amended, and/or the sole discretion operation of any account hereunder and the Trust, Custodian shall have the right to debit such Portfolio with all or part of such sums and apply or appropriate the cash collateral) have been received by in or towards the accountdischarge of such amounts in such manner and order as is commercially reasonable under the circumstances. For the purposes of this right of set-off, the Custodian will cause may make such currency conversions or effect any transactions in such currencies at the delivery Custodian's then-prevailing rates at such times as are commercially reasonable under the circumstances and may effect any transfers between, or entries on, any account of the Redemption Securitiesapplicable Portfolio as is commercially reasonable under the circumstances.
Appears in 3 contracts
Sources: Custodian Contract (Warburg Pincus Trust), Custodian Contract (Warburg Pincus Institutional Fund Inc), Custodian Contract (Warburg Pincus Managed Eafe R Countries Fund Inc)
Contractual Settlement. (a) Through the CNS Clearing ProcessProcess :
(1) Except as provided below, the Shares securities in the Creation Basket Deposit (“Deposit Securities”) of any domestic Fund must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Fund Custodian on or before the Domestic Contractual Settlement Date (defined below). The Trust will AP must also make available on or before the Domestic Contractual Settlement Date, by means satisfactory to the Trust, immediately available or same day funds estimated by the Trust to be sufficient to pay the cash component of the Creation Basket Deposit (the “Cash Component less Component”), together with the applicable purchase Transaction Fee. Any excess funds will be returned following settlement of the issue of the Creation Unit of Shares of the Trust. The “Domestic Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily on the first next Business Day following the Redemption Purchase Order Date (T+1T + 1) or such later Business Day, not to exceed two Business Days after the Purchase Order Date, as agreed to by between the Authorized Purchaser, Sponsor, Distributor AP and the Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Purchase Order is placed. Except as provided in the next two paragraphs, the Redemption Securities and a Creation Unit of Shares of any cash component Fund will be delivered concurrently issued in accordance with the transfer of good title terms, conditions and guarantees as set forth in CNS agreements to which the Trust of the required number of Shares through the NSCC’s CNS systemCustodian and AP have entered into.
(2) The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount ) to be added to the Cash Component to replace any Redemption Deposit Security with respect to a any domestic Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process Process, additional cost, if any, to acquire the omitted securities will be at the expense of the AP.
(discussed below). 3) Any settlement outside the CNS Clearing Process may be is subject to additional requirements and fees as discussed in the Prospectus.
(3) If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
(4) In all cases for a Redemption Purchase Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
Appears in 3 contracts
Sources: Declaration of Trust and Trust Agreement (Teucrium Commodity Trust), Declaration of Trust and Trust Agreement (Teucrium Commodity Trust), Declaration of Trust and Trust Agreement (Teucrium Commodity Trust)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) For Domestic Funds: Except as provided below, the Shares of any Fund iShares must be ------------------- delivered through the NSCC National Securities Clearing Corporation (NSCC) to a DTC Depository Trust Company (DTC) account maintained at the applicable custodian of any Fund on or before the Contractual Settlement Date (defined below). The Trust Fund will make available on the Domestic Contractual Settlement Date, the Cash Component next determined after acceptance of the Redemption Order, less the applicable Transaction Feepurchase transaction fee (as described in the Prospectus as "the Normal Clearing Process"). The “"Contractual Settlement Date” with respect to redemptions " is the date upon which all of the required Shares iShares must be delivered to the Trust and fund and, the Redemption Deposit Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust Fund to the AP Participant (ordinarily on the first Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedtrade date + three business days). Except as provided in the next two paragraphs, the Deposit Securities representing a Redemption Securities and any cash component Unit will be delivered issued concurrently with the transfer of good title to the Trust Fund of the required number aggregation of Shares iShares through the NSCC’s CNS system.
's Continuous Net Settlement (2CNS) system and the delivery of the Cash Component less the purchase transaction fee through the DTC. The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “"cash in lieu” " amount ) to be added to the Cash Component to replace any Redemption Deposit Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below)) and will be at the expense of Fund and will affect the value of all Fund shares; but BGFA, subject to the approval of the Board, may adjust the "Transaction Fee" within the parameters described below to protect ongoing shareholders. Any settlement outside the CNS "Normal Clearing Process may be Process" is subject to additional requirements and fees as discussed in the ProspectusStatement of Additional Information.
(3) If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
Appears in 2 contracts
Sources: Authorized Participant Agreement (Ishares Trust), Authorized Participant Agreement (Ishares Trust)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) For Domestic Funds: Except as provided below, the Shares of any Fund Deposit Securities must be ------------------- delivered through the NSCC National Securities Clearing Corporation (NSCC) to a DTC Depository Trust Company (DTC) account maintained at the applicable custodian of any Fund on or before the Contractual Settlement Date (defined below). The Trust will Participant must also make available on or before the Domestic Contractual Settlement Date, by means satisfactory to Fund, immediately available or same day funds estimated by Fund to be sufficient to pay the Cash Component less next determined after acceptance of the Purchase Order, together with the applicable Transaction Feepurchase transaction fee (as described in the Prospectus as "the Normal Clearing Process"). Any excess funds will be returned following settlement of the issue of the Creation Unit of iShares. The “"Contractual Settlement Date” with respect to redemptions " is the earlier of (i) date upon which all of the required Shares must Deposit Securities, the Cash Component and any other cash amounts which may be due are delivered to the Trust Fund and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily on the first Business Day following the Redemption Order Date (T+1ii) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedtrade date + three business days. Except as provided in the next two paragraphs, the Redemption Securities and any cash component a Creation Unit of iShares of an Index Series will be delivered issued concurrently with the transfer of good title to the Trust Fund of the required number portfolio of Shares Deposit Securities through the NSCC’s CNS system.
's Continuous Net Settlement (2CNS) system and the payment of the Cash Component and the purchase transaction fee through the DTC. The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “"cash in lieu” " amount ) to be added to the Cash Component to replace any Redemption Deposit Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below)) and will be at the expense of Fund and will affect the value of all Fund shares; but BGFA, subject to the approval of the Board, may adjust the "Transaction Fee" within the parameters described below to protect ongoing shareholders. Any settlement outside the CNS "Normal Clearing Process may be Process" is subject to additional requirements and fees as discussed in the ProspectusStatement of Additional Information.
(3) If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
Appears in 2 contracts
Sources: Authorized Participant Agreement (Ishares Trust), Authorized Participant Agreement (Ishares Trust)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided below, the Shares of any Domestic Fund must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Domestic Fund on or before the Domestic Contractual Settlement Date (defined below). The Trust will make available on the Domestic Contractual Settlement Date, Date the Cash Component next determined after acceptance of the Redemption Order, less the applicable Transaction Fee. The “"Domestic Contractual Settlement Date” with respect to redemptions " is the date upon which all of the required Shares must be delivered to the Trust and and, the Redemption Deposit Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP (ordinarily on the first trade date plus three (T + 3) Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedDays). Except as provided in the next two paragraphs, the Redemption Deposit Securities representing Creation Units of Shares and any cash component will be delivered concurrently with the transfer of good title to the Trust of the required number of Shares through the NSCC’s CNS system.'s Continuous Net Settlement (CNS) system and the delivery of the Cash Component less the Transaction Fee through CNS;
(2) The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “"cash in lieu” amount " amount) to be added to the Cash Component to replace any Redemption Deposit Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below)) and will be at the expense of the Fund and will affect the value of all Shares of such Fund; but the Trust, subject to the approval of the Board, may adjust the Transaction Fee within the parameters described below to protect ongoing shareholders. Any settlement outside the CNS Clearing Process may be is subject to additional requirements and fees as discussed in the Prospectus.
(3) If In the Fund’s DTC account has not been credited with all event that the number of the Baskets to be redeemed by the end of Shares is insufficient on the settlement date, the redemption distribution is delivered to the extent date for Creation Unit(s) of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the SponsorShares, the Trust may deliver the redemption distribution Deposit Securities notwithstanding a such deficiency in a Redemption Basket in reliance on the AP's undertaking of the AP to deliver the missing Shares as soon as possible, which undertaking shall be secured by such AP's delivery and maintenance of collateral consisting of cash having a value at least equal to 115% of the value of the missing Shares. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Proceduresprocedures, which such procedures shall be provided to the AP by the Transfer Agent BNYM ETF Order Desk Administrator upon request.
(4) In all cases . The parties hereto further agree that the Trust, acting in good faith, may purchase the missing Shares at any time and the AP agrees to accept liability for a Redemption Order placed with respect to TAGS, contractual settlement must take place through any shortfall between the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title cost to the Trust of purchasing such Shares and the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion value of the Trustcollateral, the cash collateral) have been received which may be sold by the accountTrust at such time, and in such manner, as the Custodian will cause the delivery of the Redemption SecuritiesTrust may determine in its sole discretion.
Appears in 2 contracts
Sources: Authorized Participant Agreement (Spinnaker ETF Trust), Authorized Participant Agreement (Spinnaker ETF Trust)
Contractual Settlement. The Custodian shall credit or debit the appropriate cash account of the Fund in connection with the purchase, sale, maturity, redemption or other disposition of securities and other Fund assets held hereunder on an actual settlement basis. Notwithstanding the foregoing, with respect to the markets set forth on Schedule E hereto the Custodian may, in its sole discretion, from time to time agree to provide the Fund with an arrangement whereby the Fund will be given the opportunity of settling the purchase, sale, maturity, redemption or other disposition of Fund securities to be held hereunder in the manner and subject to the terms and limitations described in this Article 5A. A transaction to which these contractual settlement provisions applies shall be called a "Covered Transaction."
(a) Through With respect to a Covered Transaction that represents a purchase of securities, the CNS Clearing ProcessCustodian shall debit the Fund's cash account in accordance with Proper Instructions as of the time and date that monies would ordinarily be required to settle such a transaction in the applicable markets as set forth on Schedule E hereto. Such amounts shall be re-credited to the appropriate cash account on settlement date upon Proper Instructions to the Custodian that the Fund has canceled the Covered Transaction.
(b) With respect to the settlement of a Covered Transaction which is a sale, maturity, redemption or other disposition, provisional credit of an amount equal to the net sale, maturity, redemption or other disposition proceeds of the transaction (the "Settlement Amount") shall be made to the account of the Fund as if the Settlement Amount had been received as of the close of business on the date that monies would ordinarily be required to settle such transaction in the applicable markets as set forth on Schedule E. Such provisional credit will be made if the Custodian has received Proper Instructions with respect to, or reasonable notice of, the Covered Transaction, as applicable, and if the Custodian or its agents are in possession of the asset(s) associated with the Covered Transaction in good deliverable form and are not aware of any facts which would lead them to reasonably believe that the Covered Transaction will not settle in the time period ordinarily applicable to transactions in the applicable market. In the event that the Custodian determines not to provide a provisional credit with respect to a particular transaction, the Custodian will promptly notify the Fund of this determination.
(c) For each Covered Transaction with respect to which the Custodian shall provide provisional credit in an amount up to the Settlement Amount (the "Credited Amount"), simultaneously with the making of such provisional credit, the Fund agrees that the Custodian shall have, and hereby grants to the Custodian, a first- priority security interest in any property at any time held for the account of the Fund to the full extent of the Credited Amount.
(d) The Custodian shall have the right, upon sending notice to the Fund, to reverse any provisional credit given in accordance with subsection (b) hereof in the event that the actual proceeds of the subject Covered Transaction have not been received by the Custodian, its agents or its sub-custodians within thirty (30) days of having made such provisional credit or at any time when the Custodian believes for reasonable cause that such Covered Transaction will not settle in accordance with its terms or amounts due pursuant thereto will not be collectable, as applicable (in which case the notice required herein will contain a description of such cause), whereupon (i) the Custodian shall promptly notify the Fund with respect thereto and (ii) a sum equal to the Credited Amount shall become immediately payable by the Fund to the Custodian and may be debited from any cash account held for benefit of the Fund in accordance with the terms of any notice given hereunder; the Custodian's right to debit the account as set forth above shall not be contingent on the giving of notice to the Fund. The amount of any accrued dividends, interest and other distributions with respect to assets associated with such Covered Transaction may be set off against the Credited Amount.
(e) In the event that the Custodian is unable to debit an account of the Fund, with respect to the Fund, and the Fund fails to pay any sums due to the Custodian at the time the same becomes payable in accordance with subsection (d), and such failure is not cured within one (1) business day after notice of such failure to the Fund, or if any of the following conditions occurs, the Custodian may charge the Fund for reasonable costs and expenses associated with the provisional credit, including without limitation the cost of funds associated therewith at the then- prevailing Federal Funds rate (or local market equivalent thereof where the Credited Amount was advanced), and the provisions of subsection (f) will apply:
(1) Except as provided below, If a final judgment for the Shares payment of money shall be rendered against the Fund and such judgment shall not have been discharged or its execution stayed pending appeal within sixty (60) days of entry or such judgment shall not have been discharged within sixty (60) days of expiration of any Fund must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Fund on or before the Contractual Settlement Date (defined below). The Trust will make available on the Domestic Contractual Settlement Date, the Cash Component less the applicable Transaction Fee. The “Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily on the first Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed. Except as provided in the next two paragraphs, the Redemption Securities and any cash component will be delivered concurrently with the transfer of good title to the Trust of the required number of Shares through the NSCC’s CNS system.such stay;
(2) The Trust reserves the right to permit Fund passing a resolution for its voluntary winding-up (otherwise than for the purpose of corporate reconstruction or require the substitution of an amount of cash (i.e., a “cash in lieu” amount ) to be added to the Cash Component to replace any Redemption Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed belowamalgamation). Any settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectus.;
(3) If the Fund’s DTC account has not been credited with all presentation of a petition for the Baskets to be redeemed by winding-up of or the end making of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited an administration order in relation to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.;
(4) In all cases for the appointment of a Redemption Order placed with respect receiver or administrator over any of the assets of the Fund; or
(5) the Fund ceasing or threatening to TAGS, contractual settlement must take place through the CNS Clearing Processcease to carry on its business.
(bf) Outside If an event outlined in subsection (e) occurs, including to the CNS Clearing Process:
extent permitted by applicable law the events described in (1) Deliveries of redemption distributions by through (5) thereof, the Funds generally will be made by Custodian shall have the end right to immediately execute and foreclose upon its security interest in any of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery assets of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advanceFund.
(2g) Except as provided in the next two paragraphs, the Deposit Securities will The Custodian shall not be delivered until the obliged to transfer of good title any sums credited to the Trust Fund in accordance with subsection (b) to or to the order or benefit of the required Redemption Baskets of Shares has been completed. When Fund while any amount which is payable to the Custodian confirms under this Article 5A remains unpaid.
(h) The operation of the provisions of this Article 5A shall be without prejudice to any other remedies provided the Custodian in this Contract, including without limitation the remedies set forth in Article 13 hereof, or under any applicable law. The Fund agrees that the required Shares (orCustodian shall have a right of set-off against cash held for the Fund in any currency for any amount provided to the Fund by the Custodian hereunder or from time to time arising out of or in connection with this Contract, when permitted in as amended, and/or the sole discretion operation of any account hereunder and the Trust, Custodian shall have the right to debit the Fund with all or part of such sums and apply or appropriate the cash collateral) have been received by in or towards the accountdischarge of such amounts in such manner and order as is commercially reasonable under the circumstances. For the purposes of this right of set-off, the Custodian will cause may make such currency conversions or effect any transactions in such currencies at the delivery Custodian's then-prevailing rates at such times as are commercially reasonable under the circumstances and may effect any transfers between, or entries on, any account of the Redemption SecuritiesFund as is commercially reasonable under the circumstances.
Appears in 2 contracts
Sources: Custodian Contract (Warburg Pincus Growth & Income Fund Inc), Custodian Contract (Warburg Pincus Balanced Fund Inc)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided below, the Shares of any Fund must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Fund on or before the Contractual Settlement Date (defined below). The Trust will make available on the Domestic Contractual Settlement Date, the Cash Component less the applicable Transaction Fee. The “Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily on the first Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed. Except as provided in the next two paragraphs, the Redemption Securities and any cash component will be delivered concurrently with the transfer of good title to the Trust of the required number of Shares through the NSCC’s CNS system.
(2) The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount ) to be added to the Cash Component to replace any Redemption Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below). Any settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectus.
(3) If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
(3) The Trust may in its sole discretion permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount) to be added to the Cash Component to replace any Redemption Security which may not be available in sufficient quantity for delivery or for other similar reasons. If the Trust notifies the Distributor that a “cash in lieu” amount will be delivered, the Distributor will notify the AP and the AP shall receive, on behalf of itself or the party on whose behalf it is acting, the “cash in lieu” amount, with any appropriate adjustments as advised by the Trust. The AP may also elect to replace any Redemption Securities with a “cash in lieu” amount to the extent that the AP is not authorized to purchase the particular Redemption Securities from the Fund or is not able to sell the particular Redemption Securities in the secondary market, consistent with restrictions in applicable law or the AP’s internal policies and procedures.
(4) In the event that the number of Shares is insufficient on the Contractual Settlement Date, the Trust may deliver the Deposit Securities notwithstanding such deficiency in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request. When making a Redemption Order, the Authorized Person understands and agrees that in the event Shares are not transferred to the Fund in accordance with the terms of the Prospectus, such Redemption Order may be rejected by the Fund and the Authorized Person will be solely responsible for all costs and losses and fees incurred by the Fund, Transfer Agent or the Distributor related to such rejected Redemption Order.
Appears in 1 contract
Sources: Declaration of Trust and Trust Agreement (Hashdex Commodities Trust)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided below, the Shares of any Fund Deposit Securities must be delivered through the NSCC to a DTC an account maintained at the applicable custodian local subcustodian of any Fund the Trust on or before the Contractual Settlement Date (defined below). The Trust will Participant must also make available on or before the Domestic Contractual Settlement Date, by means satisfactory to the Trust, immediately available or same day funds estimated by the Trust to be sufficient to pay the Cash Component less next determined after acceptance of the Purchase Order, together with the applicable Transaction Feepurchase transaction fee (as described in the Prospectus). Any excess funds will be returned following settlement of the issue of the Creation Unit of a Fund’s shares. The “Contractual Settlement Date” with respect to redemptions is the earlier of (i) the date upon which all of the required Shares must Deposit Securities, the Cash Component and any other cash amounts which may be due are delivered to the Trust and (ii) the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily last day for settlement on the first Business Day following customary settlement cycle in the Redemption Order Date (T+1) or as agreed to by jurisdiction where the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance securities of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedapplicable Fund are customarily traded. Except as provided in the next two paragraphs, the Redemption Securities and any cash component a Creation Unit of shares of a Fund will not be delivered concurrently with issued until the transfer of good title to the Trust of the portfolio of Deposit Securities and the payment of the Cash Component and the purchase transaction fee have been completed. When the subcustodian confirms to the Custodian that the required number securities included in the Portfolio Deposit (or, when permitted in the sole discretion of Shares through the NSCC’s CNS system.
(2Trust, the cash value thereof) have been delivered to the account of the relevant subcustodian, the Custodian shall notify the Distributor and the Adviser, and the Trust will issue and cause the delivery of the Creation Unit of shares of the Fund. The Distributor will then transmit a confirmation of acceptance to the Participant. The Trust reserves the right to may in its sole discretion permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount amount) to be added to the Cash Component to replace any Redemption Deposit Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not for other similar reasons. If the Adviser notifies the Distributor that a “cash in lieu” amount will be eligible for transfer through accepted, the CNS Clearing ProcessDistributor will notify the Participant and the Participant shall deliver, on behalf of itself or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through party on whose behalf it is acting, the CNS Clearing Process (discussed below)“cash in lieu” amount, with any appropriate adjustments as advised by the Trust. Any excess funds will be returned following settlement outside of the CNS Clearing Process may be subject to additional requirements and fees as discussed in issue of the Prospectus.
(3) If Creation Unit of shares. In the Fund’s DTC account has not been credited with event that a Portfolio Deposit is incomplete on the settlement date for a Creation Unit of shares because certain or all of the Baskets to be redeemed by the end of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets Deposit Securities are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsormissing, the Trust may deliver the redemption distribution will issue a Creation Unit of shares notwithstanding a such deficiency in a Redemption Basket in reliance on the undertaking of the AP Participant to deliver the missing Shares Deposit Securities as soon as possible, which undertaking shall be secured by such Participant’s delivery and maintenance of collateral consisting of cash having a value at least equal to[ ]% of the value of the missing Deposit Securities marked to market daily. The parties hereto further agree that the delivery Fund may purchase the missing Deposit Securities at any time and the AP agrees to accept liability for any shortfall between the cost to the Fund of purchasing such collateral shall be made in accordance with securities and the Cash Collateral Settlement Proceduresvalue of the collateral, which such procedures shall may be provided to the AP sold by the Transfer Agent upon requestFund at such time, and in such manner, as the Fund may determine in its sole discretion.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
Appears in 1 contract
Sources: Authorized Participant Agreement (AdvisorShares Trust)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided below, the Shares of any Fund Deposit Securities must be delivered through the NSCC to a DTC an account maintained at the applicable custodian local subcustodian of any the Fund on or before the Contractual Settlement Date (defined below). The Trust will Participant must also make available on or before the Domestic Contractual Settlement Date, by means satisfactory to the Fund, immediately available or same day funds estimated by the Fund to be sufficient to pay the Cash Component less next determined after acceptance of the Purchase Order, together with the applicable Transaction Feepurchase transaction fee (as described in the Prospectus). Any excess funds will be returned following settlement of the issue of the Creation Unit of WEBS. The “"Contractual Settlement Date” with respect to redemptions " is the earlier of (i) the date upon which all of the required Shares must Deposit Securities, the Cash Component and any other cash amounts which may be due are delivered to the Trust Fund and (ii) the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily last day for settlement on the first Business Day following customary settlement cycle in the Redemption Order Date (T+1) or as agreed to by jurisdiction where the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance securities of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedapplicable Index Series are customarily traded. Except as provided in the next two paragraphs, the Redemption Securities and any cash component a Creation Unit of WEBS of an Index Series will not be delivered concurrently with issued until the transfer of good title to the Trust Fund of the portfolio of Deposit Securities and the payment of the Cash Component and the purchase transaction fee have been completed. When the subcustodian confirms to the Custodian that the required number securities included in the Portfolio Deposit (or, when permitted in the sole discretion of Shares through the NSCC’s CNS system.
(2Fund, the cash value thereof) have been delivered to the account of the relevant subcustodian, the Custodian shall notify the Distributor and the Adviser, and the Fund will issue and cause the delivery of the Creation Unit of WEBS. The Trust reserves Distributor will then transmit a confirmation of acceptance to the right to Participant. The Fund may in its sole discretion permit or require the substitution of an amount of cash (i.e., a “"cash in lieu” amount " amount) to be added to the Cash Component to replace any Redemption Deposit Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not for other similar reasons. If the Adviser notifies the Distributor that a "cash in lieu" amount will be eligible for transfer through accepted, the CNS Clearing ProcessDistributor will notify the Participant and the Participant shall deliver, on behalf of itself or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through party on whose behalf it is acting, the CNS Clearing Process (discussed below)"cash in lieu" amount, with any appropriate adjustments as advised by the Fund. Any excess funds will be returned following settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectus.
(3) If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end issue of the Creation Unit of WEBS. In the event that a Portfolio Deposit is incomplete on the settlement datedate for a Creation Unit of WEBS because certain Deposit Securities are missing, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to timein its sole discretion, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on issue a Creation Unit of WEBS notwithstanding such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP Participant to deliver the missing Shares Deposit Securities as soon as possible, which undertaking shall be secured by such Participant's delivery and maintenance of collateral consisting of cash or Short-Term Investments (as defined in the Prospectus) having a value at least equal to 105% of the value of the missing Deposit Securities. The parties hereto agree that the delivery Fund may purchase the missing Deposit Securities at any time and the Participant agrees to accept liability for any shortfall between the cost to the Fund of purchasing such collateral shall be made in accordance with securities and the Cash Collateral Settlement Proceduresvalue of the collateral, which such procedures shall may be provided to the AP sold by the Transfer Agent upon requestFund at such time, and in such manner, as the Fund may determine in its sole discretion.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
Appears in 1 contract
Sources: Authorized Participant Agreement (Foreign Fund Inc)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided below, the Shares of any domestic Fund must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Domestic Fund on or before the Domestic Contractual Settlement Date (defined below). The Trust will make available on the Domestic Contractual Settlement Date, the Cash Component less the applicable Transaction Fee. The “Domestic Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP (ordinarily on the first trade date plus one (t + 1) Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedDay). Except as provided in the next two paragraphs, the Redemption Securities and any cash component will be delivered concurrently with the transfer of good title to the Trust of the required number of Shares through the NSCC’s CNS Continuous Net Settlement (CNS) system.;
(2) The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount amount) to be added to the Cash Component to replace any Redemption Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below). Any settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectus.
(3) If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible, which undertaking shall be secured by such the AP’s delivery and maintenance of collateral consisting of cash having a value at least equal to 115% of the value of the missing Shares. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Except as provided below, the Shares must be delivered to an account maintained at the Custodian on or before the International Contractual Settlement Date (defined below). The Trust will also make available on the International Contractual Settlement Date, immediately available or same day funds sufficient to pay the Cash Component, less the applicable Transaction Fee (as described in the Prospectus). The “International Contractual Settlement Date” of an International Fund is the earlier of (i) the date upon which all of the Redemption Securities are delivered to the AP and (ii) the latest day for settlement on the customary settlement cycle in the jurisdiction(s) where the any of the securities of such international Fund are customarily traded.
(2) Deliveries of redemption distributions by the Funds generally will be made by within three (3) Business Days. Due to the end schedule of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent holidays in advance; providedcertain countries, however, the delivery of in-kind Redemption Securities of international Funds may take longer than three Business Days after the redemption distributions by TAGS generally will be made by day on which the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advanceRedemption Order is placed.
(23) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
(4) The Trust may in its sole discretion permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount) to be added to the Cash Component to replace any Redemption Security which may not be available in sufficient quantity for delivery or for other similar reasons. If the Trust notifies the Marketing Agent that a “cash in lieu” amount will be delivered, the Marketing Agent will notify the AP and the AP shall receive, on behalf of itself or the party on whose behalf it is acting, the “cash in lieu” amount, with any appropriate adjustments as advised by the Trust. The AP may also elect to replace any Redemption Securities with a “cash in lieu” amount to the extent that the AP is not authorized to purchase the particular Redemption Securities from the Fund or is not able to sell the particular Redemption Securities in the secondary market, consistent with restrictions in applicable law or the AP’s internal policies and procedures.
(5) In the event that the number of Shares is insufficient on the International Contractual Settlement Date, the Trust may deliver the Deposit Securities notwithstanding such deficiency in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible, which undertaking shall be secured by such the AP’s delivery on the International Contractual Settlement Date and subsequent maintenance of collateral consisting of cash having a value at least equal to 115% of the value of the missing Shares. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
Appears in 1 contract
Sources: Authorized Purchaser Agreement (Teucrium Commodity Trust)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided below, the Shares of any Fund Deposit Securities must be delivered through the NSCC to a DTC an account maintained at the applicable custodian local subcustodian of any the Fund on or before the Contractual Settlement Date (defined below). The Trust will Participant must also make available on or before the Domestic Contractual Settlement Date, by means satisfactory to the Fund, immediately available or same day funds estimated by the Fund to be sufficient to pay the Cash Component less next determined after acceptance of the Purchase Order, together with the applicable Transaction Feepurchase transaction fee (as described in the Prospectus). Any excess funds will be returned following settlement of the issue of the Creation Unit of WEBS. The “"Contractual Settlement Date” with respect to redemptions " is the earlier of (i) the date upon which all of the required Shares must Deposit Securities, the Cash Component and any other cash amounts which may be due are delivered to the Trust Fund and (ii) the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily last day for settlement on the first Business Day following customary settlement cycle in the Redemption Order Date (T+1) or as agreed to by jurisdiction where the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance securities of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedapplicable Index Series are customarily traded. Except as provided in the next two paragraphs, the Redemption Securities and any cash component a Creation Unit of WEBS of an Index Series will not be delivered concurrently with issued until the transfer of good title to the Trust Fund of the portfolio of Deposit Securities and the payment of the Cash Component and the purchase transaction fee have been completed. When the subcustodian confirms to the Custodian that the required number securities included in the Portfolio Deposit (or, when permitted in the sole discretion of Shares through the NSCC’s CNS system.
(2Fund, the cash value thereof) have been delivered to the account of the relevant subcustodian, the Custodian shall notify the Distributor and the Adviser, and the Fund will issue and cause the delivery of the Creation Unit of WEBS. The Trust reserves Distributor will then transmit a confirmation of acceptance to the right to Participant. The Fund may in its sole discretion permit or require the substitution of an amount of cash (i.e., a “"cash in lieu” amount " amount) to be added to the Cash Component to replace any Redemption Deposit Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not for other similar reasons. If the Adviser notifies the Distributor that a "cash in lieu" amount will be eligible for transfer through accepted, the CNS Clearing ProcessDistributor will notify the Participant and the Participant shall deliver, on behalf of itself or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through party on whose behalf it is acting, the CNS Clearing Process (discussed below)"cash in lieu" amount, with any appropriate adjustments as advised by the Fund. Any excess funds will be returned following settlement outside of the CNS Clearing Process may be subject to additional requirements and fees as discussed in issue of the Prospectus.
(3) If Creation Unit of WEBS. In the Fund’s DTC account has not been credited with event that a Portfolio Deposit is incomplete on the settlement date for a Creation Unit of WEBS because certain or all of the Baskets to be redeemed by the end of the settlement dateDeposit Securities are missing, the redemption distribution is delivered to the extent Fund will issue a Creation Unit of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on WEBS notwithstanding such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP Participant to deliver the missing Shares Deposit Securities as soon as possible, which undertaking shall be secured by such Participant's delivery and maintenance of collateral consisting of cash having a value at least equal to 125% of the value of the missing Deposit Securities. The parties hereto agree that the delivery of such collateral shall be made in accordance with the WEBS Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP Participant by the Transfer Agent Distributor upon request.
(4) In all cases . The parties hereto further agree that the Fund may purchase the missing Deposit Securities at any time and the Participant agrees to accept liability for a Redemption Order placed with respect any shortfall between the cost to TAGSthe Fund of purchasing such securities and the value of the collateral, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions which may be sold by the Funds generally will be made by Fund at such time, and in such manner, as the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent Fund may determine in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advanceits sole discretion.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
Appears in 1 contract
Sources: Authorized Participant Agreement (Webs Index Fund Inc)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided below, the Shares of any Fund the Trust must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Fund BNY Mellon on or before the Contractual Settlement Date (defined below). The Trust will make available on the Domestic Contractual Settlement Date, the Cash Component Balancing Amount less the applicable Transaction Fee. The “Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securitiesbitcoin, any cash in lieu amounts and Cash Component Balancing Amount less any fees are delivered by the Trust to the AP (ordinarily on the first trade date plus one (t + 1) Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedDay). Except as provided in the next two paragraphs, the Redemption Securities bitcoin and any cash component Balancing Amount will be delivered concurrently with the transfer of good title to the Trust of the required number of Shares through the NSCC’s CNS Continuous Net Settlement (CNS) system.
(2b) The Trust reserves the right to will permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount amount) to be added to the Cash Component Balancing Amount to replace any Redemption Security bitcoin with respect to a Fund the Trust which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below). Any settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectusdelivery.
(3c) If the FundTrust’s DTC account has not been credited with all of the Baskets to be redeemed by the end of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund Trust receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the FundTrust’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
Appears in 1 contract
Sources: Authorized Participant Agreement (SolidX Bitcoin Trust)
Contractual Settlement. The Custodian shall credit or debit the appropriate cash account of the applicable Portfolio in connection with the purchase, sale, maturity, redemption or other disposition of securities and other assets held for the time being in the Portfolio on an actual settlement basis. 22 Notwithstanding the foregoing, with respect to the markets set forth on Schedule E hereto the Custodian may, in its sole discretion, from time to time agree to provide a Portfolio with an arrangement whereby the Portfolio will be given the opportunity of settling the purchase, sale, maturity, redemption or other disposition of securities to be held in the Portfolio in the manner and subject to the terms and limitations described in this Article 5A. A transaction to which these contractual settlement provisions applies shall be called a "Covered Transaction."
(a) Through With respect to a Covered Transaction that represents a purchase of securities, the CNS Clearing ProcessCustodian shall debit the applicable Portfolio's cash account in accordance with Proper Instructions as of the time and date that monies would ordinarily be required to settle such a transaction in the applicable markets as set forth on Schedule E hereto. Such amounts shall be re-credited to the appropriate cash account on settlement date upon Proper Instructions to the Custodian that the Portfolio has canceled the Covered Transaction.
(b) With respect to the settlement of a Covered Transaction which is a sale, maturity, redemption or other disposition, provisional credit of an amount equal to the net sale, maturity, redemption or other disposition proceeds of the transaction (the "Settlement Amount") shall be made to the account of the applicable Portfolio as if the Settlement Amount had been received as of the close of business on the date that monies would ordinarily be required to settle such transaction in the applicable markets as set forth on Schedule E. Such provisional credit will be made if the Custodian has received Proper Instructions with respect to, or reasonable notice of, the Covered Transaction, as applicable, and if the Custodian or its agents are in possession of the asset(s) associated with the Covered Transaction in good deliverable form and are not aware of any facts which would lead them to reasonably believe that the Covered Transaction will not settle in the time period ordinarily applicable to transactions in the applicable market. In the event that the Custodian determines not to provide a provisional credit with respect to a particular transaction, the Custodian will promptly notify the Fund of this determination.
(c) For each Covered Transaction with respect to which the Custodian shall provide provisional credit in an amount up to the Settlement Amount (the "Credited Amount"), simultaneously with the making of such provisional credit, the Fund agrees that the Custodian shall have, and hereby grants to the Custodian, a first-priority security interest in any property at any time held for the account of the applicable Portfolio to the full extent of the Credited Amount.
(d) The Custodian shall have the right, upon sending notice to the Fund, to reverse any provisional credit given in accordance with subsection (b) hereof in the event that the actual proceeds of the subject Covered Transaction have not been received by the Custodian, its agents or its sub-custodians within thirty (30) days of having made such provisional credit or at any time when the Custodian believes for reasonable cause that such Covered Transaction will not settle in accordance with its terms or amounts due pursuant thereto will not be collectable, as applicable (in which case the notice required herein will contain a description of such cause), whereupon (i) the Custodian shall promptly notify the Fund with respect thereto and (ii) a sum equal to the Credited Amount shall become immediately payable by the Fund to the Custodian and may be debited from any cash account held for benefit of the applicable Portfolio in accordance with the terms of any notice given hereunder; the Custodian's right to debit the account as set forth above shall not be contingent on the giving of notice to the Fund. The amount of any accrued dividends, interest and other distributions with respect to assets associated with such Covered Transaction may be set off against the Credited Amount.
(e) In the event that the Custodian is unable to debit an account of the Fund, with respect to the applicable Portfolio, and the Portfolio fails to pay any sums due to the Custodian at the time the same becomes payable in accordance with subsection (d), and such failure is not cured within one (1) business day after notice of such failure to the Fund, or if any of the following conditions occurs, the Custodian may charge the Fund for reasonable costs and expenses associated with the provisional credit, including without limitation the cost of funds associated therewith at the then-prevailing Federal Funds rate (or local market equivalent thereof where the Credited Amount was advanced), and the provisions of subsection (f) will apply:
(1) Except as provided below, If a final judgment for the Shares payment of money shall be rendered against a Portfolio and such judgment shall not have been discharged or its execution stayed pending appeal within sixty (60) days of entry or such judgment shall not have been discharged within sixty (60) days of expiration of any Fund must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Fund on or before the Contractual Settlement Date (defined below). The Trust will make available on the Domestic Contractual Settlement Date, the Cash Component less the applicable Transaction Fee. The “Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily on the first Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed. Except as provided in the next two paragraphs, the Redemption Securities and any cash component will be delivered concurrently with the transfer of good title to the Trust of the required number of Shares through the NSCC’s CNS system.such stay;
(2) The Trust reserves the right to permit Fund passing a resolution for its voluntary winding-up (otherwise than for the purpose of corporate reconstruction or require the substitution of an amount of cash (i.e., a “cash in lieu” amount ) to be added to the Cash Component to replace any Redemption Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed belowamalgamation). Any settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectus.;
(3) If the Fund’s DTC account has not been credited with all presentation of a petition for the Baskets to be redeemed by winding-up of or the end making of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited an administration order in relation to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.;
(4) In all cases for the appointment of a Redemption Order placed with respect receiver or administrator over any of the assets of the Fund; or
(5) the Fund ceasing or threatening to TAGS, contractual settlement must take place through the CNS Clearing Processcease to carry on its business.
(bf) Outside If an event outlined in subsection (e) occurs, including to the CNS Clearing Process:
extent permitted by applicable law the events described in (1) Deliveries of redemption distributions by through (5) thereof, the Funds generally will be made by Custodian shall have the end right to immediately execute and foreclose upon its security interest in any of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery assets of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advanceapplicable Portfolio.
(2g) Except as provided in the next two paragraphs, the Deposit Securities will The Custodian shall not be delivered until the obliged to transfer of good title any sums credited to a Portfolio in accordance with subsection (b) to or to the Trust order or benefit of the required Redemption Baskets of Shares has been completed. When Portfolio while any amount which is payable to the Custodian confirms under this Article 5A remains unpaid.
(h) The operation of the provisions of this Article 5A shall be without prejudice to any other remedies provided the Custodian in this Agreement, including without limitation the remedies set forth in Article 13 hereof, or under any applicable law. The Fund agrees that the required Shares (orCustodian shall have a right of set-off against cash held for the applicable Portfolio in any currency for any amount provided to such Portfolio by the Custodian hereunder or from time to time arising out of or in connection with this Agreement, when permitted in as amended, and/or the sole discretion operation of any account hereunder and the Trust, Custodian shall have the right to debit such Portfolio with all or part of such sums and apply or appropriate the cash collateral) have been received by in or towards the accountdischarge of such amounts in such manner and order as is commercially reasonable under the circumstances. For the purposes of this right of set-off, the Custodian will cause may make such currency conversions or effect any transactions in such currencies at the delivery Custodian's then-prevailing rates at such times as are commercially reasonable under the circumstances and may effect any transfers between, or entries on, any account of the Redemption Securitiesapplicable Portfolio as is commercially reasonable under the circumstances.
Appears in 1 contract
Contractual Settlement. (a) Through the CNS Clearing ProcessProcess :
(1) Except as provided below, the Shares securities in the Creation Basket Deposit (“Deposit Securities”) of any domestic Fund must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Fund Custodian on or before the Domestic Contractual Settlement Date (defined below). The Trust will AP must also make available on or before the Domestic Contractual Settlement Date, by means satisfactory to the Trust, immediately available or same day funds estimated by the Trust to be sufficient to pay the cash component of the Creation Basket Deposit (the “Cash Component less Component”), together with the applicable purchase Transaction Fee. Any excess funds will be returned following settlement of the issue of the Creation Unit of Shares of the Trust. The “Domestic Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily on the first next Business Day following the Redemption Purchase Order Date (T+1T + 1) or such later Business Day, not to exceed two Business Days after the Purchase Order Date, as agreed to by between the Authorized Purchaser, Sponsor, Distributor AP and the Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Purchase Order is placed. Except as provided in the next two paragraphs, the Redemption Securities and a Creation Unit of Shares of any cash component Fund will be delivered concurrently issued in accordance with the transfer of good title terms, conditions and guarantees as set forth in CNS agreements to which the Trust of the required number of Shares through the NSCC’s CNS systemCustodian and AP have entered into.
(2) The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount ) to be added to the Cash Component to replace any Redemption Deposit Security with respect to a any domestic Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process Process, additional cost, if any, to acquire the omitted securities will be at the expense of the AP.
(discussed below). 3) Any settlement outside the CNS Clearing Process may be is subject to additional requirements and fees as discussed in the Prospectus.
(4) In all cases for a Purchase Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process. Exhibit B – Page 28
(b) Outside the CNS Clearing Process :
(1) Except as provided in the next two paragraphs, a Creation Unit of Shares will not be issued until the transfer of good title to the Trust of the Deposit Securities and the payment of the Cash Component and the purchase Transaction Fee have been completed. When the Subcustodian confirms to the Custodian that the required Deposit Securities (or, when permitted in the sole discretion of the Trust, the cash value thereof) have been delivered to the account of the relevant Subcustodian, the Custodian shall will cause the delivery of the Creation Unit of Shares.
(2) The Trust may in its sole discretion permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount) to be added to the Cash Component to replace any Deposit Security which may not be available in sufficient quantity for delivery or for other similar reasons. If the Trust notifies the Distributor that a “cash in lieu” amount will be accepted, the Distributor or Transfer Agent will notify the AP and the AP shall deliver, on behalf of itself or the party on whose behalf it is acting, the “cash in lieu” amount, with any appropriate adjustments as advised by the Trust which may include any difference between the actual cost to the Trust to acquire an omitted security and the value of the security had the security been delivered in kind. Additional amounts, if any, shall be included in the calculation of the Cash Component to be received, any excess amounts will be returned to the AP following settlement of the issue of the Creation Unit of Shares.
(3) If In the Fund’s DTC account has not been credited with event that a Creation Basket Deposit is incomplete on the settlement date for a Creation Unit of Shares because certain or all of the Baskets to be redeemed by the end of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets Deposit Securities are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsormissing, the Trust may deliver the redemption distribution issue a Creation Unit of Shares notwithstanding a such deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares Deposit Securities as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
(4) In all cases for a Redemption Order placed with respect to TAGS. The parties hereto further agree that Trust, contractual settlement must take place through acting in good faith, may purchase the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the missing Deposit Securities will not be delivered until at any time and the transfer of good title AP agrees to accept liability for any shortfall between the cost to the Trust of purchasing such securities and the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion value of the Trustcollateral, the cash collateral) have been received which may be sold by the accountTrust at such time, and in such manner, as the Custodian will cause the delivery of the Redemption SecuritiesTrust may determine in its sole discretion.
Appears in 1 contract
Sources: Trust Agreement
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided presided below, the Shares of any Fund must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Fund on or before the Contractual Settlement Date (defined below). The Trust will make available on the Domestic Contractual Settlement Date, the Cash Component less the applicable Transaction Fee. The “Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily on the first Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Sponsor Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Sponsor Distributor and Transfer Agent in advance of when the Redemption Order is placed. placed Except as provided in the next two paragraphs, the Redemption Securities and any cash component will be delivered concurrently with the transfer of good title to the Trust of the required number of Shares through the NSCC’s CNS system.
(2) The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount amount) to be added to the Cash Component to replace any Redemption Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below). Any settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectus.
(3) If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of the settlement date, date the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized PurchaserPurchase, Sponsor, Distributor and Transfer Agent in advance; provided, however, however the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
(3) The Trust may in its sole discretion permit or require the substitution of an amount of cash (i.e. , a “cash in lieu” amount) to be added to the Cash Component to replace any Redemption Security which may not be available in sufficient quantity for delivery or for other similar reasons. If the Trust notifies the Distributor that a “cash in lieu” amount will be delivered, the Distributor will notify the AP and the AP shall receive, on behalf of itself or the party on whose behalf it is acting, the “cash in lieu” amount, with any appropriate adjustments as advised by the Trust. The AP may also elect to replace arty Redemption Securities with a “cash in lieu” amount to the extent that the AP is not authorized to purchase the particular Redemption Securities from the Fund or is not able to sell the particular Redemption Securities in the secondary market, consistent with restrictions in applicable law or the AP’s internal policies and procedures.
(4) In the event that the number of Shares is insufficient on the Contractual Settlement Date, the Trust may deliver the Deposit Securities notwithstanding such deficiency in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request. When making a Redemption Order, the Authorized Person understands and agrees that in the event Shares are not transferred to the Fund in accordance with the terms of the Prospectus, such Redemption Order may be rejected by the Fund and the Authorized Person will be solely responsible for all costs and losses and fees incurred by the Fund. Transfer Agent or the Distributor related to such rejected Redemption Order.
Appears in 1 contract
Sources: Declaration of Trust and Trust Agreement (Teucrium Commodity Trust)
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided below, the Shares of any Fund must be delivered through the NSCC to a DTC account maintained at the applicable custodian of any Fund on or before the Contractual Settlement Date (defined below). The Trust will make available on the Domestic Contractual Settlement Date, the Cash Component less the applicable Transaction Fee. The “Contractual Settlement Date” with respect to redemptions is the date upon which all of the required Shares must be delivered to the Trust and the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily on the first Business Day following the Redemption Order Date (T+1) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placed. Except as provided in the next two paragraphs, the Redemption Securities and any cash component will be delivered concurrently with the transfer of good title to the Trust of the required number of Shares through the NSCC’s CNS system.
(2) The Trust reserves the right to permit or require the substitution of an amount of cash (i.e., a “cash in lieu” amount ) to be added to the Cash Component to replace any Redemption Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not be eligible for transfer through the CNS Clearing Process, or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through the CNS Clearing Process (discussed below). Any settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectus.
(3) If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end of the settlement date, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to time, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP to deliver the missing Shares as soon as possible. The parties hereto agree that the delivery of such collateral shall be made in accordance with the Cash Collateral Settlement Procedures, which such procedures shall be provided to the AP by the Transfer Agent upon request.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
Appears in 1 contract
Contractual Settlement. (a) Through the CNS Clearing Process:
(1) Except as provided below, the Shares of any Fund Deposit Securities must be delivered through the NSCC to a DTC an account maintained at the applicable custodian local subcustodian of any the Fund on or before the Contractual Settlement Date (defined below). The Trust will Participant must also make available on or before the Domestic Contractual Settlement Date, by means satisfactory to the Fund, immediately available or same day funds estimated by the Fund to be sufficient to pay the Cash Component less next determined after acceptance of the Purchase Order, together with the applicable Transaction Feepurchase transaction fee (as described in the Prospectus). Any excess funds will be returned following settlement of the issue of the Creation Unit of WEBS. The “"Contractual Settlement Date” with respect to redemptions " is the earlier of (i) the date upon which all of the required Shares must Deposit Securities, the Cash Component and any other cash amounts which may be due are delivered to the Trust Fund and (ii) the Redemption Securities, any cash in lieu amounts and Cash Component less any fees are delivered by the Trust to the AP ordinarily last day for settlement on the first Business Day following customary settlement cycle in the Redemption Order Date (T+1) or as agreed to by jurisdiction where the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance securities of when the Redemption Order is placed provided, however, the Contractual Settlement Date with respect to TAGS is the second Business Day following the Redemption Order Date (T+2) or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance of when the Redemption Order is placedapplicable Index Series are customarily traded. Except as provided in the next two paragraphs, the Redemption Securities and any cash component a Creation Unit of WEBS of an Index Series will not be delivered concurrently with issued until the transfer of good title to the Trust Fund of the portfolio of Deposit Securities and the payment of the Cash Component and the purchase transaction fee have been completed. When the subcustodian confirms to the Custodian that the required number securities included in the Portfolio Deposit (or, when permitted in the sole discretion of Shares through the NSCC’s CNS system.
(2Fund, the cash value thereof) have been delivered to the account of the relevant subcustodian, the Custodian shall notify the Distributor and the Adviser, and the Fund will issue and cause the delivery of the Creation Unit of WEBS. The Trust reserves Distributor will then transmit a confirmation of acceptance to the right to Participant. The Fund may in its sole discretion permit or require the substitution of an amount of cash (i.e., a “"cash in lieu” amount " amount) to be added to the Cash Component to replace any Redemption Deposit Security with respect to a Fund which may not be available in sufficient quantity for delivery or which may not for other similar reasons. If the Adviser notifies the Distributor that a "cash in lieu" amount will be eligible for transfer through accepted, the CNS Clearing ProcessDistributor will notify the Participant and the Participant shall deliver, on behalf of itself or which may not be eligible for transfer through the systems of DTC and hence not eligible for transfer through party on whose behalf it is acting, the CNS Clearing Process (discussed below)"cash in lieu" amount, with any appropriate adjustments as advised by the Fund. Any excess funds will be returned following settlement outside the CNS Clearing Process may be subject to additional requirements and fees as discussed in the Prospectus.
(3) If the Fund’s DTC account has not been credited with all of the Baskets to be redeemed by the end issue of the Creation Unit of WEBS. In the event that a Portfolio Deposit is incomplete on the settlement datedate or a Creation Unit of WEBS because certain Deposit Securities are missing, the redemption distribution is delivered to the extent of whole Baskets received. Any remainder of the redemption distribution is delivered on the next Business Day to the extent of remaining whole Baskets received if the Fund receives the fee applicable to the extension of the Redemption Distribution Date which the Sponsor may, from time to timein its sole discretion, determine and the remaining Redemption Baskets are credited to the Fund’s DTC account on issue a Creation Unit of WEBS notwithstanding such next Business Day. Any further outstanding amount of the Redemption Order shall be cancelled. Pursuant to instruction from the Sponsor, the Trust may deliver the redemption distribution notwithstanding a deficiency in a Redemption Basket in reliance on the undertaking of the AP Participant to deliver the missing Shares Deposit Securities as soon as possible, which undertaking shall be secured by such Participant's delivery and maintenance of collateral consisting of cash or Short-Term Investments (as defined in the Prospectus) having a value at least equal to 105% of the value of the missing Deposit Securities. The parties hereto agree that the delivery Fund may purchase the missing Deposit Securities at any time and the Participant agrees to accept liability for any shortfall between the cost to the Fund of purchasing such collateral shall be made in accordance with securities and the Cash Collateral Settlement Proceduresvalue of the collateral, which such procedures shall may be provided to the AP sold by the Transfer Agent upon requestFund at such time, and in such manner, as the Fund may determine in its sole discretion.
(4) In all cases for a Redemption Order placed with respect to TAGS, contractual settlement must take place through the CNS Clearing Process.
(b) Outside the CNS Clearing Process:
(1) Deliveries of redemption distributions by the Funds generally will be made by the end of the next Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance; provided, however, the delivery of the redemption distributions by TAGS generally will be made by the end of the second Business Day or as agreed to by the Authorized Purchaser, Sponsor, Distributor and Transfer Agent in advance.
(2) Except as provided in the next two paragraphs, the Deposit Securities will not be delivered until the transfer of good title to the Trust of the required Redemption Baskets of Shares has been completed. When the Custodian confirms that the required Shares (or, when permitted in the sole discretion of the Trust, the cash collateral) have been received by the account, the Custodian will cause the delivery of the Redemption Securities.
Appears in 1 contract
Sources: Authorized Participant Agreement (Foreign Fund Inc)