Common use of The Trust and the Funds Clause in Contracts

The Trust and the Funds. As of the date of this Agreement, neither the Trust nor any Fund is (i) an investment company under the Investment Company Act of 1940 (the “1940 Act”) and (ii) required to register as such thereunder. As of the date of this Agreement, the Sponsor is not registered as an investment adviser under the Investment Advisers Act of 1940 and is not required to register as such thereunder.

Appears in 2 contracts

Samples: Form of Sponsor Agreement (ETFS Collateralized Commodities Trust), Form of Sponsor Agreement (ETFS Physical Base Metals Trust)

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The Trust and the Funds. As of the date of this Agreement, neither the Trust nor any Fund is (i) an investment company under the Investment Company Act of 1940 (the “1940 Act”) and (ii) required to register as such thereunder. As of the date of this Agreement, the Sponsor is not registered as an investment adviser under the Investment Advisers Act of 1940 and is not required to register as such thereunder.

Appears in 2 contracts

Samples: Form of Sponsor Agreement (AccuShares Commodities Trust I), Sponsor Agreement (AccuShares Commodities Trust I)

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