Common use of Establishment of Classes and Sub-Classes Clause in Contracts

Establishment of Classes and Sub-Classes. The division of any series, or Funds, into two or more classes or sub-classes of Shares thereof and the establishment and designation of such classes or sub-classes of Shares shall be effective upon the execution by the Sponsor of an instrument in substantially the form attached hereto as Exhibit C setting forth such division, and the establishment, designation, and relative rights and preferences of such classes of Shares, or as otherwise provided in such instrument. The relative rights and preferences of the classes or sub-classes of Shares of any Fund may differ in such respects as the Sponsor may determine to be appropriate, provided that such differences are set forth in the aforementioned instrument. At any time that there are no Shares outstanding of any particular class or sub-class of Shares previously established and designated, the Sponsor may by an instrument executed by it abolish that class or sub-class of Shares and the establishment and designation thereof. Each instrument referred to in this paragraph shall have the status of an amendment to this Trust Agreement.

Appears in 10 contracts

Samples: Authorized Purchaser Agreement (Tidal Commodities Trust I), Authorized Purchaser Agreement, Authorized Purchaser Agreement (Bitwise ETF Trust)

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Establishment of Classes and Sub-Classes. The division of any series, or Funds, into two or more classes or sub-classes of Shares Units thereof and the establishment and designation of such classes or sub-classes of Shares Units shall be effective upon the execution by the Sponsor of an instrument in substantially the form attached hereto as Exhibit C B setting forth such division, and the establishment, designation, and relative rights and preferences of such classes of SharesUnits, or as otherwise provided in such instrument. The relative rights and preferences of the classes or sub-classes of Shares Units of any Fund may differ in such respects as the Sponsor may determine to be appropriate, provided that such differences are set forth in the aforementioned instrument. At any time that there are no Shares Units outstanding of any particular class or sub-class of Shares Units previously established and designated, the Sponsor may by an instrument executed by it abolish that class or sub-class of Shares Units and the establishment and designation thereof. Each instrument referred to in this paragraph shall have the status of an amendment to this Trust Agreement.

Appears in 7 contracts

Samples: Trust and Trust Agreement (Amplify Commodity Trust), Trust and Trust Agreement (Amplify Commodity Trust), Trust and Trust Agreement (ETF Managers Group Commodity Trust I)

Establishment of Classes and Sub-Classes. The division of any series, or Funds, into two or more classes or sub-classes of Shares Units thereof and the establishment and designation of such classes or sub-classes of Shares Units shall be effective upon the execution by the Sponsor of an instrument in substantially the form attached hereto as Exhibit C a certificate of designation of series setting forth such division, and the establishment, designation, and relative rights and preferences of such classes of SharesUnits, or as otherwise provided in such instrument. The relative rights and preferences of the classes or sub-classes of Shares Units of any Fund may differ in such respects as the Sponsor may determine to be appropriate, provided that such differences are set forth in the aforementioned instrument. At any time that there are no Shares Units outstanding of any particular class or sub-class of Shares Units previously established and designated, the Sponsor may by an instrument executed by it abolish that class or sub-class of Shares Units and the establishment and designation thereof. Each instrument referred to in this paragraph shall have the status of an amendment to this Trust Agreement.

Appears in 4 contracts

Samples: Declaration of Trust and Trust Agreement (ConvexityShares Trust), Declaration of Trust and Trust Agreement (ConvexityShares Trust), And Trust Agreement

Establishment of Classes and Sub-Classes. The division of any series, or Funds, into two or more classes or sub-classes of Shares units thereof and the establishment and designation of such classes or sub-classes of Shares units shall be effective upon the execution by the Sponsor of an instrument in substantially the form attached hereto as Exhibit C B setting forth such division, and the establishment, designation, and relative rights and preferences of such classes of Sharesunits, or as otherwise provided in such instrument. The relative rights and preferences of the classes or sub-classes of Shares units of any Fund may differ in such respects as the Sponsor may determine to be appropriate, provided that such differences are set forth in the aforementioned instrument. At any time that there are no Shares units outstanding of any particular class or sub-class of Shares units previously established and designated, the Sponsor may by an instrument executed by it abolish that class or sub-class of Shares units and the establishment and designation thereof. Each instrument referred to in this paragraph shall have the status of an amendment to this Trust Agreement.

Appears in 3 contracts

Samples: And Trust Agreement (United States Commodity Index Funds Trust), And Trust Agreement (United States Commodity Index Funds Trust), And Trust Agreement (United States Commodity Index Funds Trust)

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Establishment of Classes and Sub-Classes. The division of any seriesSeries, or Funds, into two or more classes Classes or sub-classes of Shares thereof subclasses and the establishment and designation of such classes Classes or sub-classes of Shares subclasses shall be effective upon the execution by the Sponsor of an instrument in substantially the form attached hereto as Exhibit C setting forth such division, whether directly in such instrument or by reference to, or approval of, another document that sets forth such Series including a Registration Statement, and the establishment, designation, and relative rights and preferences of such classes of SharesClasses, or as otherwise provided in such instrument. The relative rights and preferences of the classes Classes or sub-classes of Shares subclasses of any Fund Series may differ in such respects as the Sponsor may determine to be appropriate, provided that such differences are set forth in the aforementioned instrument. At any time that there are no Shares outstanding of any particular class Class or sub-class of Shares subclass previously established and designated, the Sponsor may by an instrument executed by it abolish that class Class or sub-class of Shares subclass and the establishment and designation thereof. Each instrument referred to in this paragraph shall have the status of an amendment to this Trust Agreement. The Shares of each Fund shall initially be a single Class.

Appears in 1 contract

Samples: Trust Agreement (ETFS Collateralized Commodities Trust)

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