Common use of Portfolio Acquisition Clause in Contracts

Portfolio Acquisition. In furtherance of the provisions of Section 2.1 hereof, the Sponsor further specifically authorizes and directs the Trustees: (a) to enter into the Contract with respect to the Shares subject thereto with the Seller on the Commencement Date for settlement on the date or dates provided thereunder and, subject to satisfaction of the conditions set forth in the Contracts, to pay the Firm Purchase Price and the Additional Purchase Price, if any, thereunder with the proceeds of the sale of the TIMES, net of underwriting commissions and other expenses payable in connection with the public offering of the TIMES as described in Section 3.2 hereof and net of the purchase price paid for the Treasury Securities as provided in paragraph (b) below; and, subject to the adjustments and exceptions set forth in the Contract, the Contract shall entitle the Trust to receive from the Seller on the Exchange Date the Shares subject thereto (or, if the Seller elects the Cash Settlement Alternative under the Contract, the amount in cash specified in the Contract in respect thereof) so that the Trust may execute the Exchange with the Holders; and (b) to purchase for settlement at the First Time of Delivery, and at the Second Time of Delivery, as appropriate, with the proceeds of the sale the TIMES, net of underwriting commissions and other expenses payable in connection with the public offering of the TIMES, U.S. Treasury securities from such brokers or dealers as the Trustees shall designate in writing to the Administrator having the terms set forth on Schedule I hereto ("Treasury Securities").

Portfolio Acquisition. In furtherance of the provisions of Section 2.1 hereof, the Sponsor further specifically authorizes and directs the Trustees: (a) to enter into the Contract Contracts with respect to the Shares subject thereto with the Seller Sellers on the Commencement Date for settlement on the date or dates provided thereunder and, subject to satisfaction of the conditions set forth in the Contracts, to pay the Firm Purchase Price and the Additional Purchase Price, if any, thereunder with the proceeds of the sale of the TIMESSecurities, net of underwriting commissions and other expenses payable in connection with the public offering of the TIMES Securities as described in Section 3.2 hereof and net of the purchase price paid for the Treasury Securities as provided in paragraph (b) below; and, subject to the adjustments and exceptions set forth in the ContractContracts, the Contract Contracts shall entitle the Trust to receive from each of the Seller Sellers on the Exchange Date the Shares subject thereto (or, if the Seller elects one or more Sellers elect the Cash Settlement Alternative under the ContractContracts, the amount in cash specified in the Contract such Contracts in respect thereof) so that the Trust may execute the Exchange with the Holders; and (b) to purchase for settlement at the First Time of Delivery, and at the Second Time of Delivery, as appropriate, with the proceeds of the sale the TIMESSecurities, net of underwriting commissions and other expenses payable in connection with the public offering of the TIMESSecurities, U.S. Treasury securities from such brokers or dealers as the Trustees shall designate in writing to the Administrator having the terms set forth on Schedule I hereto ("Treasury Securities").

Portfolio Acquisition. In furtherance of the provisions of Section 2.1 2.4 hereof, the Sponsor Sponsors further specifically authorizes authorize and directs direct the Trustees, acting on behalf of the Trust: (a) to enter into the Contract with respect to the Shares subject thereto Reference Property with the Seller Contracting Stockholder on the Commencement Date for settlement on the date or dates provided thereunder and, subject to satisfaction of the conditions set forth in the ContractsContract, to pay to the Contracting Stockholder the Firm Purchase Price Consideration Amount and the Additional Purchase Price, if any, any Option Consideration Amount thereunder with the proceeds of the sale of the TIMESSTRYPES, net of (1) the underwriting commissions and other expenses payable in connection with the public offering of the TIMES as described in Section 3.2 hereof and net of discount, (2) the purchase price paid for the U.S. Treasury Securities as provided in paragraph (b) below, and (3) an amount in cash equal to the difference between the aggregate amount of all Quarterly Distributions to be made on the STRYPES and the aggregate proceeds to be received from the U.S. Treasury Securities upon maturity; and, subject to the adjustments and exceptions set forth in the Contract, the Contract shall entitle the Trust to receive from the Seller Contracting Stockholder on the Exchange Settlement Date a specified number or amount of each type of Reference Security and other property constituting part of the Shares subject thereto Reference Property (or, if the Seller Contracting Stockholder elects to exercise the Cash Settlement Alternative Option under the Contract, the an amount in of cash specified in the Contract in respect thereofwith an equal value) so that the Trust may execute the Exchange with the Holders; and (b) to purchase for settlement at on the First Time of DeliveryFirm Payment Date, and at the Second Time on any Date of Delivery, as appropriate, with the proceeds of the sale the TIMESSTRYPES, net of the underwriting commissions and other expenses payable in connection with the public offering of the TIMESdiscount, U.S. Treasury securities from such brokers or dealers as the Trustees shall designate in writing to the Administrator having the terms set forth on Schedule I hereto ("U.S. Treasury Securities").

Portfolio Acquisition. In furtherance of the provisions of Section 2.1 hereof, the Sponsor further specifically authorizes and directs the Trustees: (a) to enter into the Contract Contracts with respect to the Shares subject thereto with the Seller Sellers on the Commencement Date for settlement on the date or dates provided thereunder and, subject to satisfaction of the conditions set forth in the Contracts, to pay the Firm Purchase Price and the Additional Purchase Price, if any, thereunder with the proceeds of the sale of the TIMESSecurities, net of underwriting commissions and other expenses payable in connection with the public offering of the TIMES Securities as described in Section 3.2 hereof and net of the purchase price paid for the Treasury Securities as provided in paragraph (b) below; and, subject to the adjustments and exceptions set forth in the ContractContracts, the Contract Contracts shall entitle the Trust to receive from each of the Seller Sellers on the Exchange Date the Shares subject thereto (or, if the Seller elects one or more Sellers elect the Cash Settlement Alternative under the ContractContracts, the amount in cash specified in the Contract such Contracts in respect thereof) so that the Trust may execute the Exchange with the Holders; and (b) to purchase for settlement at the First Time of Delivery, and at the Second Time of Delivery, as appropriate, with the proceeds of the sale of the TIMESSecurities, net of underwriting commissions and other expenses payable in connection with the public offering of the TIMESSecurities, U.S. Treasury securities from such brokers or dealers as the Trustees shall designate in writing to the Administrator having the terms set forth on Schedule I hereto ("Treasury Securities").

Portfolio Acquisition. In furtherance of the provisions of Section 2.1 hereof, the Sponsor further specifically authorizes and directs the Trustees: (a) to enter into the Contract Contracts with respect to the Shares subject thereto with the Seller Sellers on the Commencement Date for settlement on the date or dates provided thereunder and, subject to satisfaction of the conditions set forth in the Contracts, to pay the Firm Purchase Price and the Additional Purchase Price, if any, thereunder with the proceeds of the sale of the TIMESSecurities, net of underwriting commissions and other expenses payable in connection with the public offering of the TIMES Securities as described in Section 3.2 hereof and net of the purchase price paid for the Treasury Securities as provided in paragraph (b) below; and, subject to the adjustments and exceptions set forth in the ContractContracts, the Contract Contracts shall entitle the Trust to receive from each of the Seller Sellers on the Exchange Date the Shares subject thereto (or, if the Seller elects one or more Sellers elect the Cash Settlement Alternative under the Contracttheir respective Contracts, the amount in cash specified in the Contract such Contracts in respect thereof) so that the Trust may execute the Exchange with the Holders; and (b) to purchase for settlement at the First Time of Delivery, and at the Second Time of Delivery, as appropriate, with the proceeds of the sale of the TIMESSecurities, net of underwriting commissions and other expenses payable in connection with the public offering of the TIMESSecurities, U.S. Treasury securities from such brokers or dealers as the Trustees shall designate in writing to the Administrator having the terms set forth on Schedule I hereto ("Treasury Securities").

Portfolio Acquisition. In furtherance of the provisions of Section 2.1 hereof, the Sponsor further specifically authorizes and directs the Trustees: (a) to enter into the Contract with respect to the Shares subject thereto with the Seller on the Commencement Date for settlement on the date or dates provided thereunder and, subject to satisfaction of the conditions set forth in the ContractsContract, to pay the Firm Purchase Price and the Additional Purchase Price, if any, thereunder with the proceeds of the sale of the TIMESSecurities, net of underwriting commissions and other expenses payable in connection with the public offering of the TIMES as described in Section 3.2 hereof and net of the purchase price paid for the Treasury Securities as provided in paragraph (b) below; and, subject to the adjustments and exceptions set forth in the Contract, the Contract shall entitle the Trust to receive from the Seller on the Exchange Date the Shares subject thereto (or, if the Seller elects the Cash Settlement Alternative under the ContractAlternative, the amount in cash specified in the Contract in respect thereofContract) so that the Trust may execute the Exchange with the Holders; and (b) to purchase for settlement at the First Time of Delivery, and at the Second Time of Delivery, as appropriate, with the proceeds of the sale the TIMES, net of underwriting commissions and other expenses payable in connection with the public offering of the TIMESSecurities, U.S. Treasury securities Securities from such brokers or dealers as the Trustees shall designate in writing to the Administrator having the terms set forth on Schedule I hereto ("Treasury Securities")hereto.