Common use of TITLE TO SECURITIES; RESTRICTED SHARES Clause in Contracts

TITLE TO SECURITIES; RESTRICTED SHARES. The Participant represents on behalf of itself and any party for which it acts that upon delivery of a portfolio of Deposit Securities to the Trust's custodian, the Trust will acquire good and unencumbered title to such securities, free and clear of all liens, restrictions, charges and encumbrances and not subject to any adverse claims, including, without limitation, any restriction upon the sale or transfer of such securities imposed by (i) any agreement or arrangement entered into by the Participant or any party for which it is acting in connection with a transaction to purchase Shares or (ii) any provision of the 1933 Act, and any regulations thereunder (except that portfolio securities of issuers other than U.S. issuers shall not be required to have been registered under the 1933 Act if exempt from such registration), or of the applicable laws or regulations of any other applicable jurisdiction and (iii) no such securities are "restricted securities" as such term is used in Rule 144(a)(3)(i) promulgated under the 1933 Act.

Appears in 3 contracts

Samples: Participant Agreement (Claymore Exchange-Traded Fund Trust), Participant Agreement (Claymore Exchange-Traded Fund Trust 2), Participant Agreement (Market Vectors Trust)

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TITLE TO SECURITIES; RESTRICTED SHARES. The Participant represents on behalf of itself and any party for which it acts that upon delivery of a portfolio of Deposit Securities to the Trust's custodian’s Custodian, the Trust will acquire good and unencumbered title to such securities, free and clear of all liens, restrictions, charges and encumbrances and not subject to any adverse claims, including, without limitation, any restriction upon the sale or transfer of such securities imposed by (i) any agreement or arrangement entered into by the Participant or any party for which it is acting in connection with a transaction to purchase Shares Purchase Order or (ii) any provision of the 1933 Act, and any regulations thereunder (except that portfolio securities of issuers other than U.S. US issuers shall not be required to have been registered under the 1933 Act if exempt from such registration), or of the applicable laws or regulations of any other applicable jurisdiction and (iii) no such securities are "restricted securities" as such term is used in Rule 144(a)(3)(i) promulgated under the 1933 Act0000 Xxx.

Appears in 1 contract

Samples: Participant Agreement (Powershares Actively Managed Exchange-Traded Fund Trust)

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TITLE TO SECURITIES; RESTRICTED SHARES. The Participant represents on behalf of itself and any party for which it acts that Participant Client that, upon delivery of a portfolio of Deposit Securities to the Trust's custodian’s custodian (“Custodian”), the Trust will acquire good and unencumbered title to such securities, free and clear of all liens, restrictions, charges charges, duties and encumbrances and not subject to any adverse claims, including, without limitation, any restriction upon the sale or transfer of such securities imposed by (i) any agreement or arrangement entered into by the Participant or any party for which it is acting Participant Client in connection with a transaction to purchase Shares or (ii) any provision of the 1933 Act, Act and any regulations thereunder (except that portfolio securities of issuers other than U.S. issuers shall not be required to have been registered under the 1933 Securities Act if exempt from such registration), or of the applicable laws or regulations of any other applicable jurisdiction jurisdiction, and (iii) no such securities are "restricted securities" ,” as such term is used in Rule 144(a)(3)(i) promulgated under of the 1933 Act.

Appears in 1 contract

Samples: Participant Agreement (Principal Exchange-Traded Funds)

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