Common use of Suits for Enforcement Clause in Contracts

Suits for Enforcement. If a Termination Trigger or a Trustee Termination Event occurs and is continuing, the Trustee (or the Depositor, in the case of a Trustee Termination Event) in its discretion may proceed to protect and enforce its rights and the rights of the Holders of the Up-MACRO Tradeable Shares under this Trust Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Trust Agreement, in aid of the execution of any power granted in this Trust Agreement or for the enforcement of any other legal, equitable or other remedy as the Trustee (or the Depositor, in the case of a Trustee Termination Event), being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Holders of the Up-MACRO Tradeable Shares.

Appears in 13 contracts

Samples: Trust Agreement (Claymore MACROshares Oil Up Tradeable Trust), And Restated Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Trust Agreement (MACROshares Oil Down Tradeable Trust)

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Suits for Enforcement. If a Termination Trigger or a Trustee Termination Event occurs and is continuing, the Trustee (or the Depositor, in the case of a Trustee Termination Event) in its discretion may proceed to protect and enforce its rights and the rights of the Holders of the Up-MACRO Tradeable Holding Shares under this Trust Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Trust Agreement, in aid of the execution of any power granted in this Trust Agreement or for the enforcement of any other legal, equitable or other remedy as the Trustee (or the Depositor, in the case of a Trustee Termination Event), being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Holders of the Up-MACRO Tradeable Holding Shares.

Appears in 13 contracts

Samples: Trust Agreement (Claymore MACROshares Oil Up Tradeable Trust), Trust Agreement (Claymore MACROshares Oil Up Holding Trust), Trust Agreement (Claymore MACROshares Oil Down Holding Trust)

Suits for Enforcement. If a Termination Trigger or a Trustee Termination Event occurs and is continuing, the Trustee (or the Depositor, in the case of a Trustee Termination Event) in its discretion may proceed to protect and enforce its rights and the rights of the Holders of the UpDown-MACRO Tradeable Shares under this Trust Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Trust Agreement, in aid of the execution of any power granted in this Trust Agreement or for the enforcement of any other legal, equitable or other remedy as the Trustee (or the Depositor, in the case of a Trustee Termination Event), being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Holders of the UpDown-MACRO Tradeable Shares.

Appears in 12 contracts

Samples: Trust Agreement (MACROshares Oil Down Holding Trust), Trust Agreement (MACROshares Oil Up Tradeable Trust), Trust Agreement (Claymore MACROshares Oil Up Holding Trust)

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Suits for Enforcement. If a Termination Trigger or a Trustee Termination Event occurs and is continuing, the Trustee (or the Depositor, in the case of a Trustee Termination Event) in its discretion may proceed to protect and enforce its rights and the rights of the Holders of the UpDown-MACRO Tradeable Holding Shares under this Trust Agreement by a suit, action or proceeding in equity or at law or otherwise, whether for the specific performance of any covenant or agreement contained in this Trust Agreement, in aid of the execution of any power granted in this Trust Agreement or for the enforcement of any other legal, equitable or other remedy as the Trustee (or the Depositor, in the case of a Trustee Termination Event), being advised by counsel, shall deem most effectual to protect and enforce any of the rights of the Holders of the UpDown-MACRO Tradeable Holding Shares.

Appears in 12 contracts

Samples: Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Trust Agreement (MACROshares Oil Up Holding Trust)

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