Common use of Termination Payment Amount Clause in Contracts

Termination Payment Amount. a. If a Related ETF is terminated, the Termination Payment Amount that the Sponsor is obligated to pay the Marketing Agent under Article 11.2(a), 11.2(b)(i) or 11.2(c)(ii) with respect to such Related ETF on each Termination Payment Date is an amount equal to [ ] for such Related ETF calculated in accordance with Article 11.2(f) of the Marketing Agent Agreement, divided by sixty (60) and payable on a monthly basis, provided that – i. If, at two (2) years from the Effective Date of the Product Annex or at any time thereafter, the aggregate AUM of the Related ETFs is (A) less than $[ ] USD, the Sponsor will pay no Termination Payment with respect to such Related ETF, or (B) equal to or greater than $[ ] USD but less than $[ ] USD, the Sponsor will pay [ ] such Related ETF calculated in accordance with Article 11.2(f) of the Marketing Agent Agreement, divided by twelve (12) and payable on a monthly basis. ii. If, at the end of the Initial Term or at any time thereafter, the aggregate AUM of the Related ETFs is (A) [ ], the Sponsor will pay no Termination Payment with respect to such Related ETF, or (B) equal to or greater than $[ ] USD but less than $[ ] USD, the Sponsor will pay [ ] for such Related ETF calculated in accordance with Article 11.2(f) of the Marketing Agent Agreement, divided by twelve (12) and payable on a monthly basis.