Common use of Resignation of Sponsor; Successors Clause in Contracts

Resignation of Sponsor; Successors. If at any time the Sponsor desires to resign its position as Sponsor hereunder, it may resign by delivering to the Trustee an instrument of resignation executed by the Sponsor. Such resignation shall become effective upon the earliest of the following: (i) the effective date of the appointment by the Trustee of a successor sponsor and the acceptance by the successor sponsor of that appointment, with such compensation from the Trust as the Trustee may deem reasonable under the circumstances, by an instrument of appointment and assumption executed by the Trustee and the successor sponsor; or (ii) an agreement by the Trustee to act as sponsor hereunder succeeding to all the rights and duties of the resigning Sponsor without appointing a successor sponsor and without terminating this Agreement; or (iii) termination of this Agreement in accordance with its terms and completion of distribution of all remaining assets to Registered Owners. The Trustee shall have no obligation to appoint a successor sponsor or to assume the duties of the Sponsor and shall have no liability to any person because the Trust is terminated by reason of the Sponsor’s resignation. If the Sponsor shall fail to undertake or perform or become incapable of undertaking or performing its duties hereunder or shall become bankrupt or its affairs shall be taken over by public authorities, the effect of that event shall be the same as if the Sponsor had given a notice of resignation as provided in the preceding paragraph. Upon its resignation becoming effective, the resigning Sponsor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring before its resignation became effective, and the successor sponsor shall thereupon undertake and perform all duties and be entitled to all rights and compensation as sponsor under this Agreement. The successor sponsor shall not be under any liability hereunder for acts or omissions occurring prior to the effective date stated in the instrument appointing it successor sponsor. The Trustee shall notify Registered Owners of the appointment of a successor sponsor.

Appears in 15 contracts

Samples: Depositary Trust Agreement (CurrencyShares Hong Kong Dollar Trust), Depositary Trust Agreement (CurrencyShares South African Rand Trust), Trust Agreement (Currencyshares Chinese Renminbi Trust)

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Resignation of Sponsor; Successors. If at any time the Sponsor desires to resign its position as Sponsor hereunder, it may resign by delivering to the Trustee an instrument of resignation executed by the Sponsor. Such resignation shall become effective upon the earliest of the following: (i) the effective date of the appointment by the Trustee of a successor sponsor and the acceptance by the successor sponsor of that appointment, with such compensation from the Trust as the Trustee may deem reasonable under the circumstances, by an instrument of appointment and assumption executed by the Trustee and the successor sponsor; or (ii) an agreement by the Trustee to act as sponsor hereunder succeeding to all the rights and duties of the resigning Sponsor without appointing a successor sponsor and without terminating this Agreement; or (iii) termination of this Agreement in accordance with its terms and completion of distribution of all remaining assets to Registered Owners. The Trustee shall have no obligation to appoint a successor sponsor or to assume the duties of the Sponsor and shall have no liability to any person because the Trust is terminated by reason of the Sponsor’s 's resignation. If the Sponsor shall fail to undertake or perform or become incapable of undertaking or performing its duties hereunder or shall become bankrupt or its affairs shall be taken over by public authorities, the effect of that event shall be the same as if the Sponsor had given a notice of resignation as provided in the preceding paragraph. Upon its resignation becoming effective, the resigning Sponsor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring before its resignation became effective, and the successor sponsor shall thereupon undertake and perform all duties and be entitled to all rights and compensation as sponsor under this Agreement. The successor sponsor shall not be under any liability hereunder for acts or omissions occurring prior to the effective date stated in the instrument appointing it successor sponsor. The Trustee shall notify Registered Owners of the appointment of a successor sponsor.

Appears in 7 contracts

Samples: Trust Agreement (Currencyshares British Pound Sterling Trust), Trust Agreement (Currencyshares Australian Dollar Trust), Trust Agreement (Currencyshares Mexican Peso Trust)

Resignation of Sponsor; Successors. If at any time the Sponsor desires to resign its position as Sponsor hereunder, it may resign by delivering to the Trustee an instrument of resignation executed by the Sponsor. Such resignation shall become effective upon the earliest of the following: (i) the effective date of the appointment by the Trustee of a successor sponsor and the acceptance by the successor sponsor of that appointment, with such compensation from the Trust as the Trustee may deem reasonable under the circumstances, by an instrument of appointment and assumption executed by the Trustee and the successor sponsor; or (ii) an agreement by the Trustee to act as sponsor hereunder succeeding to all the rights and duties of the resigning Sponsor without appointing a successor sponsor and without terminating this Agreement; or (iii) termination of this Agreement in accordance with its terms and completion of distribution of all remaining assets to Registered Owners. The Trustee shall have no obligation to appoint a successor sponsor or to assume the duties of the Sponsor and shall have no liability to any person because the Trust is terminated by reason of the Sponsor’s 's resignation. If the Sponsor shall fail to undertake or perform or become incapable of undertaking or performing its duties hereunder or shall become bankrupt or its affairs shall be taken over by public authorities, the effect of that event shall be the same as if the Sponsor had given a notice of resignation as provided in the preceding paragraph. Upon its resignation becoming effective, the resigning Sponsor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring before its resignation became effective, and the successor sponsor shall thereupon undertake and perform all duties and be entitled to all rights and compensation as sponsor under this Agreement. The successor sponsor shall not be under any liability hereunder for acts or omissions occurring prior to the effective date stated in the instrument appointing it successor sponsor. The Trustee shall notify Registered Owners of the appointment of a successor sponsor.

Appears in 3 contracts

Samples: Depositary Trust Agreement (Euro Currency Trust), Depositary Trust Agreement (Euro Currency Trust), Trust Agreement (Euro Currency Trust)

Resignation of Sponsor; Successors. If at any time the Sponsor desires to resign its position as Sponsor hereunder, it may resign by delivering to the Trustee an instrument of resignation executed by the Sponsor. Such resignation shall not become effective upon until the earliest earlier of the following: (i) the effective date of the appointment by the Trustee of a successor sponsor and the acceptance by the successor sponsor of that appointmentSponsor to assume, with such compensation from the Trust as the Trustee may deem reasonable under the circumstances, the duties and obligations of the resigning Sponsor hereunder by an instrument of appointment and assumption executed by the Trustee and the successor sponsorSponsor; or (ii) an agreement by the date the Trustee shall have agreed to act as sponsor Sponsor hereunder succeeding to all the rights and duties of the resigning Sponsor without appointing a successor sponsor Sponsor and without terminating this Agreement; or (iii) termination of this Agreement in accordance with its terms the date by when the Trustee shall have terminated and completion of distribution of liquidated the Trust and distributed all remaining assets to Registered Ownersthe Depository for distribution to DTC Participants who are then owners of streetTRACKS(R) Gold Shares on the records of the Depository, which action the Trustee shall take if, within sixty (60) days following the date on which a notice of resignation shall have been delivered by the Sponsor, a successor Sponsor has not been appointed and the Trustee has not agreed to act as Sponsor hereunder. The Trustee shall have no obligation to appoint a successor sponsor Sponsor or to assume the duties of the Sponsor and shall have no liability to any person because the Trust is terminated by reason of the Sponsor’s 's resignation. If the Sponsor shall fail to undertake or perform or become incapable of undertaking or performing its duties hereunder or shall become bankrupt or its affairs shall be taken over by public authorities, the effect of that event Trustee shall act in accordance with the provisions set forth in Section 8.01(s). Any successor Sponsor shall be satisfactory to the same as if the Sponsor had given a notice of resignation as provided in the preceding paragraphTrustee. Upon its resignation becoming effective, the resigning Sponsor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring before its resignation became effective, and the successor sponsor Sponsor shall thereupon undertake and perform all duties and be entitled to all rights and compensation as sponsor Sponsor under this Agreement. The successor sponsor Sponsor shall not be under any liability hereunder for acts or omissions occurring prior to the effective date stated in the instrument appointing it successor sponsorSponsor. The Notice of appointment of successor Sponsor shall be mailed promptly after acceptance of appointment by the Trustee shall notify Registered Owners to all DTC Participants who are then owners of streetTRACKS(R) Gold Shares on the records of the appointment of a successor sponsorDepository for distribution to Beneficial Owners as provided in Section 3.10.

Appears in 2 contracts

Samples: Agreement (Equity Gold Trust), streetTRACKS GOLD TRUST

Resignation of Sponsor; Successors. If at any time the Sponsor desires to resign its position as Sponsor hereunder, it may resign by delivering to the Trustee an instrument of resignation executed by the Sponsor. Such resignation shall become effective upon the earliest of the following: (i) the effective date of the appointment by the Trustee of a successor sponsor and the acceptance by the successor sponsor of that appointment, with such compensation from the Trust as the Trustee may deem reasonable under the circumstances, by an instrument of appointment and assumption executed by the Trustee and the successor sponsor; or (ii) an agreement by the Trustee to act as sponsor hereunder succeeding to all the rights and duties of the resigning Sponsor without appointing a successor sponsor and without terminating this Agreement; or (iii) termination of this Agreement in accordance with its terms and completion of distribution of all remaining assets to Registered Owners. The Trustee shall have no obligation to appoint a successor sponsor or to assume the duties of the Sponsor and shall have no liability to any person because the Trust is terminated by reason of the Sponsor’s resignation. If the Sponsor shall fail to undertake or perform or become incapable of undertaking or performing its duties hereunder or shall become bankrupt or its affairs shall be taken over by public authorities, the effect of that event shall be the same as if the Sponsor had given a notice of resignation as provided in the preceding paragraph. Upon its resignation becoming effective, the resigning Sponsor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring before its resignation became effective, and the successor sponsor shall thereupon undertake and perform all duties and be entitled to all rights and compensation as sponsor under this Agreement. The successor sponsor shall not be under any liability hereunder for acts or omissions occurring prior to the effective date stated in the instrument appointing it successor sponsor. The Trustee shall notify Registered Owners of the appointment of a successor sponsor.

Appears in 1 contract

Samples: Depositary Trust Agreement (Currencyshares Euro Trust)

Resignation of Sponsor; Successors. If at any time the Sponsor desires to resign its position as Sponsor hereunder, it may resign by delivering to the Trustee an instrument of resignation executed by the Sponsor. Such resignation shall not become effective upon until the earliest earlier of the following: (i) the effective date of the appointment by the Trustee of a successor sponsor and the acceptance by the successor sponsor of that appointmentSponsor to assume, with such compensation from the Trust as the Trustee may deem reasonable under the circumstances, the duties and obligations of the resigning Sponsor hereunder by an instrument of appointment and assumption executed by the Trustee and the successor sponsorSponsor; or (ii) an agreement by the Trustee shall have agreed to act as sponsor Sponsor hereunder succeeding to all the rights and duties of the resigning Sponsor without appointing a successor sponsor Sponsor and without terminating this Agreement; or (iii) termination of this Agreement in accordance with its terms the Trustee shall have terminated and completion of distribution of liquidated the Trust and distributed all remaining assets to Registered OwnersParticipants, which action the Trustee shall have taken if, within sixty (60) days following the date on which a notice of resignation shall have been delivered by the Sponsor, a successor Sponsor has not been appointed and the Trustee has not agreed to act as Sponsor hereunder. The Trustee shall have no obligation to appoint a successor sponsor Sponsor or to assume the duties of the Sponsor and shall have no liability to any person because the Trust is terminated by reason of the Sponsor’s 's resignation. If the Sponsor shall fail to undertake or perform or become incapable of undertaking or performing its duties hereunder or shall become bankrupt or its affairs shall be taken over by public authorities, the effect of that event Trustee shall act in accordance with the provisions set forth in Section 8.01(s). Any successor Sponsor shall be satisfactory to the same as if the Sponsor had given a notice of resignation as provided in the preceding paragraphTrustee. Upon its resignation becoming effective, the resigning Sponsor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring before its resignation became effective, and the successor sponsor Sponsor shall thereupon undertake and perform all duties and be entitled to all rights and compensation as sponsor Sponsor under this Agreement. The successor sponsor Sponsor shall not be under any liability hereunder for acts or omissions occurring prior to the effective date stated in the instrument appointing it successor sponsorSponsor. The Trustee shall notify Registered Owners Notice of the appointment of a successor sponsorSponsor shall be mailed promptly after acceptance of appointment by the Trustee to all DTC Participants for distribution to Beneficial Owners as provided in Section 3.10.

Appears in 1 contract

Samples: Account Agreement (Equity Gold Trust)

Resignation of Sponsor; Successors. If at any time the ---------------------------------- Sponsor desires to resign its position as Sponsor hereunder, it may resign by delivering to the Trustee an instrument of resignation executed by the Sponsor. Such resignation shall not become effective upon until the earliest earlier of the following: (i) the effective date of the appointment by the Trustee of a successor sponsor and the acceptance by the successor sponsor of that appointmentSponsor to assume, with such compensation from the Trust Fund as the Trustee may deem reasonable under the circumstances, but not exceeding the amounts prescribed by the Securities and Exchange Commission, the duties and obligations of the resigning Sponsor hereunder by an instrument of appointment and assumption executed by the Trustee and the successor sponsorSponsor; or (ii) an agreement by the Trustee shall have agreed to act as sponsor Sponsor hereunder succeeding to all the rights and duties of the resigning Sponsor without appointing a successor sponsor Sponsor and without terminating this AgreementAgreement or the Indenture; or (iii) termination of this Agreement in accordance with its terms and completion of distribution of all remaining assets to Registered Owners. The the Trustee shall have no obligation to appoint terminated this Agreement and liquidated the Trust, which action the Trustee shall have taken if, within sixty (60) days following the date on which a notice of resignation shall have been delivered by the Sponsor, a successor sponsor Xxxxxxx has not been appointed or the Trustee has not agreed to assume the duties of the act as Sponsor and shall have no liability to any person because the Trust is terminated by reason of the Sponsor’s resignationhereunder. If the Sponsor shall fail to undertake or perform or become incapable of undertaking or performing its duties hereunder or shall become bankrupt or its affairs shall be taken over by public authorities, the effect of that event Trustee shall act in accordance with the provisions set forth in Section 8.01(g). Any such successor Sponsor shall be satisfactory to the same as if the Sponsor had given a notice of resignation as provided in the preceding paragraphTrustee. Upon its effective resignation becoming effectivehereunder, the resigning Sponsor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring before its resignation became effectiveprior to such resignation, and the successor sponsor new Sponsor shall thereupon undertake and perform all duties and be entitled to all rights and compensation as sponsor Sponsor under this Agreement. The successor sponsor Sponsor shall not be under any liability hereunder for acts occurrences or omissions occurring prior to the effective date stated in the instrument appointing it successor sponsor. The Trustee shall notify Registered Owners execution of the appointment of a successor sponsorsuch instrument.

Appears in 1 contract

Samples: Diamonds Trust Series I

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Resignation of Sponsor; Successors. If at any time the Sponsor desires to resign its position as Sponsor hereunder, it may resign by delivering to the Trustee an instrument of resignation executed by the Sponsor. Such resignation shall not become effective upon until the earliest earlier of the following: (i) the effective date of the appointment by the Trustee of a successor sponsor and the acceptance by the successor sponsor of that appointmentto assume, with such compensation from the Trust as the Trustee may deem reasonable under the circumstances, the duties and obligations of the resigning Sponsor hereunder by an instrument of appointment and assumption executed by the Trustee and the successor sponsor; or (ii) an agreement by the Trustee shall have agreed to act as sponsor hereunder succeeding to all the rights and duties of the resigning Sponsor without appointing a successor sponsor and without terminating this Agreement; or (iii) termination of this Agreement in accordance with its terms the Trustee shall have terminated and completion of distribution of liquidated the Trust and distributed all remaining assets to Registered Beneficial Owners, which action the Trustee shall have taken if, within sixty (60) days following the date on which a notice of resignation shall have been delivered by the Sponsor, a successor sponsor has not been appointed and the Trustee has not agreed to act as sponsor hereunder. The Trustee shall have no obligation to appoint a successor sponsor or to assume the duties of the Sponsor and shall have no liability to any person because the Trust is terminated by reason of the Sponsor’s 's resignation. If the Sponsor shall fail to undertake or perform or become incapable of undertaking or performing its duties hereunder or shall become bankrupt or its affairs shall be taken over by public authorities, the effect of that event Trustee shall act in accordance with the provisions set forth in Section 8.2(b). Any successor sponsor shall be satisfactory to the same as if the Sponsor had given a notice of resignation as provided in the preceding paragraphTrustee. Upon its resignation becoming effective, the resigning Sponsor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring before its resignation became effective, and the successor sponsor shall thereupon undertake and perform all duties and be entitled to all rights and compensation as sponsor under this Agreement. The successor sponsor shall not be under any liability hereunder for acts or omissions occurring prior to the effective date stated in the instrument appointing it successor sponsor. The Trustee shall notify Registered Owners Notice of the appointment of a successor sponsorsponsor shall be mailed promptly after acceptance of appointment by the Trustee to all DTC Participants for distribution to Beneficial Owners as provided in Section 2.2.

Appears in 1 contract

Samples: Trust Agreement (Euro Currency Trust)

Resignation of Sponsor; Successors. If at any time the Sponsor desires to resign its position as Sponsor hereunder, it may resign by delivering to the Trustee an instrument of resignation executed by the Sponsor. Such resignation shall not become effective upon until the earliest earlier of the following: (i) the effective date of the appointment by the Trustee of a successor sponsor and the acceptance by the successor sponsor of that appointmentSponsor to assume, with such compensation from the Trust as the Trustee may deem reasonable under the circumstances, the duties and obligations of the resigning Sponsor hereunder by an instrument of appointment and assumption executed by the Trustee and the successor sponsorSponsor; or (ii) an agreement by the date the Trustee shall have agreed to act as sponsor Sponsor hereunder succeeding to all the rights and duties of the resigning Sponsor without appointing a successor sponsor Sponsor and without terminating this Agreement; or (iii) termination of this Agreement in accordance with its terms the date by when the Trustee shall have terminated and completion of distribution of liquidated the Trust and distributed all remaining assets to Registered Ownersthe Depository for distribution to DTC Participants who are then owners of Equity Gold Shares on the records of the Depository, which action the Trustee shall take if, within sixty (60) days following the date on which a notice of resignation shall have been delivered by the Sponsor, a successor Sponsor has not been appointed and the Trustee has not agreed to act as Sponsor hereunder. The Trustee shall have no obligation to appoint a successor sponsor Sponsor or to assume the duties of the Sponsor and shall have no liability to any person because the Trust is terminated by reason of the Sponsor’s 's resignation. If the Sponsor shall fail to undertake or perform or become incapable of undertaking or performing its duties hereunder or shall become bankrupt or its affairs shall be taken over by public authorities, the effect of that event Trustee shall act in accordance with the provisions set forth in Section 8.01(s). Any successor Sponsor shall be satisfactory to the same as if the Sponsor had given a notice of resignation as provided in the preceding paragraphTrustee. Upon its resignation becoming effective, the resigning Sponsor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring before its resignation became effective, and the successor sponsor Sponsor shall thereupon undertake and perform all duties and be entitled to all rights and compensation as sponsor Sponsor under this Agreement. The successor sponsor Sponsor shall not be under any liability hereunder for acts or omissions occurring prior to the effective date stated in the instrument appointing it successor sponsorSponsor. The Notice of appointment of successor Sponsor shall be mailed promptly after acceptance of appointment by the Trustee shall notify Registered Owners to all DTC Participants who are then owners of Equity Gold Shares on the records of the appointment of a successor sponsorDepository for distribution to Beneficial Owners as provided in Section 3.10.

Appears in 1 contract

Samples: Agreement (Equity Gold Trust)

Resignation of Sponsor; Successors. If at any time the Sponsor desires to resign its position as Sponsor hereunder, it may resign by delivering to the Trustee an instrument of resignation executed by the Sponsor. Such resignation shall not become effective upon until the earliest earlier of the following: (i) the effective date of the appointment by the Trustee of a successor sponsor and the acceptance by the successor sponsor of that appointmentSponsor to assume, with such compensation from the Trust as the Trustee may deem reasonable under the circumstances, the duties and obligations of the resigning Sponsor hereunder by an instrument of appointment and assumption executed by the Trustee and the successor sponsorSponsor; or (ii) an agreement by the date the Trustee shall have agreed to act as sponsor Sponsor hereunder succeeding to all the rights and duties of the resigning Sponsor without appointing a successor sponsor Sponsor and without terminating this AgreementDeclaration of Trust; or (iii) termination of this Agreement in accordance with its terms the date by when the Trustee shall have terminated and completion of distribution of liquidated the Trust and distributed all remaining assets to Registered Ownersthe Depository for distribution to DTC Participants who are then owners of Shares on the records of the Depository, which action the Trustee shall take if, within sixty (60) days following the date on which a notice of resignation shall have been delivered by the Sponsor, a successor Sponsor has not been appointed and the Trustee has not agreed to act as Sponsor hereunder. The Trustee shall have no obligation to appoint a successor sponsor Sponsor or to assume the duties of the Sponsor and shall have no liability to any person because the Trust is terminated by reason of the Sponsor’s resignation. If the Sponsor shall fail to undertake or perform or shall become incapable of undertaking or performing its any of the duties hereunder which by the terms of this Agreement are required to be undertaken or performed by it, and such failure shall become not be cured within fifteen (15) Business Days following receipt of notice from the Trustee of such failure, or the Sponsor shall be adjudged bankrupt or insolvent, or a receiver of the Sponsor or of its affairs property shall be taken over by appointed, or a trustee or liquidator or any public authoritiesofficer shall take charge or control of the Sponsor or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then in any such case the Sponsor shall be deemed conclusively to have resigned with such resignation being effective immediately upon the occurrence of any of the specified events, and the Trustee may do any one or more of the following: (1) appoint a successor Sponsor to assume, with such compensation from the Trust as the Trustee may deem reasonable under the circumstances, the effect duties and obligations of that event the Sponsor hereunder by an instrument of appointment and assumption executed by the Trustee and the successor Sponsor; or (2) agree to act as Sponsor hereunder without appointing a successor Sponsor and without terminating this Declaration of Trust; or (3) terminate and liquidate the Trust and distribute its remaining assets pursuant to Section 11.01. The Trustee shall have no obligation to appoint a successor Sponsor or to assume the duties of the Sponsor and shall have no liability to any person because the Trust is or is not terminated pursuant to this paragraph. Any successor Sponsor shall be satisfactory to the same as if the Sponsor had given a notice of resignation as provided in the preceding paragraphTrustee. Upon its resignation becoming effective, the resigning Sponsor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring before its resignation became effective, and the successor sponsor Sponsor shall thereupon undertake and perform all duties and be entitled to all rights and compensation as sponsor Sponsor under this AgreementDeclaration of Trust. The successor sponsor Sponsor shall not be under any liability hereunder for acts or omissions occurring prior to the effective date stated in the instrument appointing it successor sponsorSponsor. The Notice of appointment of successor Sponsor shall be mailed promptly after acceptance of appointment by the Trustee shall notify Registered Owners to all DTC Participants who are then owners of Shares on the records of the appointment of a successor sponsorDepository for distribution to Unitholders as provided in Section 3.10.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Global Currency Gold Trust)

Resignation of Sponsor; Successors. If at any time the Sponsor desires to resign its position as Sponsor hereunder, it may resign by delivering to the Trustee an instrument of resignation executed by the Sponsor. Such resignation shall not become effective upon until the earliest earlier of the following: (i) the effective date of the appointment by the Trustee of a successor sponsor and the acceptance by the successor sponsor of that appointmentSponsor to assume, with such compensation from the Trust as the Trustee may deem reasonable under the circumstances, the duties and obligations of the resigning Sponsor hereunder by an instrument of appointment and assumption executed by the Trustee and the successor sponsorSponsor; or (ii) an agreement by the Trustee shall have agreed to act as sponsor Sponsor hereunder succeeding to all the rights and duties of the resigning Sponsor without appointing a successor sponsor Sponsor and without terminating this Agreement; or (iii) termination of this Agreement in accordance with its terms the Trustee shall have terminated and completion of distribution of liquidated the Trust and distributed all remaining assets to Registered Ownersthe Depository for distribution to DTC Participants who are then owners of Equity Gold Shares on the records of the Depository, which action the Trustee shall take if, within sixty (60) days following the date on which a notice of resignation shall have been delivered by the Sponsor, a successor Sponsor has not been appointed and the Trustee has not agreed to act as Sponsor hereunder. The Trustee shall have no obligation to appoint a successor sponsor Sponsor or to assume the duties of the Sponsor and shall have no liability to any person because the Trust is terminated by reason of the Sponsor’s 's resignation. If the Sponsor shall fail to undertake or perform or become incapable of undertaking or performing its duties hereunder or shall become bankrupt or its affairs shall be taken over by public authorities, the effect of that event Trustee shall act in accordance with the provisions set forth in Section 8.01(s). Any successor Sponsor shall be satisfactory to the same as if the Sponsor had given a notice of resignation as provided in the preceding paragraphTrustee. Upon its resignation becoming effective, the resigning Sponsor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring before its resignation became effective, and the successor sponsor Sponsor shall thereupon undertake and perform all duties and be entitled to all rights and compensation as sponsor Sponsor under this Agreement. The successor sponsor Sponsor shall not be under any liability hereunder for acts or omissions occurring prior to the effective date stated in the instrument appointing it successor sponsorSponsor. The Notice of appointment of successor Sponsor shall be mailed promptly after acceptance of appointment by the Trustee shall notify Registered Owners to all DTC Participants who are then owners of Equity Gold Shares on the records of the appointment of a successor sponsorDepository for distribution to Beneficial Owners as provided in Section 3.10.

Appears in 1 contract

Samples: Agreement (Equity Gold Trust)

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