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 Contracts with respect to the Shares subject thereto with the 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 Securities, net of underwriting commissions and other expenses payable in connection with the public offering of the 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 Contracts, the Contracts shall entitle the Trust to receive from each of the Sellers on the Exchange Date the Shares subject thereto; 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 Securities, net of underwriting commissions and other expenses payable in connection with the public offering of the Securities, 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 Contracts with respect to the Shares subject thereto with the 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 Priceand, if any, Additional Price, thereunder with the proceeds of the sale of the SecuritiesPEPS, net of underwriting commissions and other expenses payable in connection with the public offering of the Securities PEPS 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 Contracts, the Contracts each Contract shall entitle the Trust to receive from each of the Sellers respective Seller on the Exchange Date the Shares subject theretothereto so that the Trust may execute the Exchange with the Holders; and (b) to purchase for settlement at on the First Time of DeliveryClosing Date, and at on the Second Time of DeliveryOption Closing Date, as appropriate, with the proceeds of the sale of the SecuritiesPEPS, net of underwriting commissions and other expenses payable in connection with the public offering of the SecuritiesPEPS, 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 Contracts Contract with respect to the Shares subject thereto with the Sellers 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 Securities, net of underwriting commissions and other expenses payable in connection with the public offering of the 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 ContractsContract, the Contracts Contract shall entitle the Trust to receive from each of the Sellers Seller on the Exchange Date the Shares subject theretothereto (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 of the Securities, net of underwriting commissions and other expenses payable in connection with the public offering of the Securities, 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 Contracts with respect to the Shares subject thereto with the 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 Securities, net of underwriting commissions and other expenses payable in connection with the public offering of the 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 Contracts, the Contracts shall entitle the Trust to receive from each of the Sellers on the Exchange Date the Shares subject theretothereto 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 Securities, net of underwriting commissions and other expenses payable in connection with the public offering of the Securities, 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").