TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that the Trust as a third party beneficiary to this Agreement is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 38 contracts
Samples: Authorized Participant Agreement (Morgan Stanley ETF Trust), Authorized Participant Agreement (Tidal ETF Trust II), Authorized Participant Agreement
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor parties understand and agree that the Trust Trust, as a third party beneficiary to this Agreement Agreement, is entitled and intends intend to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 16 contracts
Samples: Authorized Participant Agreement (Valkyrie ETF Trust II), Participant Agreement (ALPS ETF Trust), Distribution Agreement (Select Sector SPDR Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant understands and the Distributor understand and agree agrees that the Trust (as a third party beneficiary to this Agreement Agreement) is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 9 contracts
Samples: Authorized Participant Agreement (Manager Directed Portfolios), Authorized Participant Agreement (Listed Funds Trust), Authorized Participant Agreement (Manager Directed Portfolios)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that the Trust as is a third party beneficiary to this Agreement and, as such, is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 7 contracts
Samples: Authorized Participant Agreement (Texas Capital Funds Trust), Authorized Participant Agreement (Capitol Series Trust), Form of Authorized Participant Agreement (Uncommon Investment Funds Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor parties understand and agree that the Trust (including the Trustee acting on its behalf), as a third party beneficiary to this Agreement Agreement, is entitled and intends intend to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 4 contracts
Samples: Participant Agreement (SPDR Dow Jones Industrial Average Etf Trust), Participant Agreement (SPDR S&p 500 Etf Trust), Participant Agreement (SPDR Dow Jones Industrial Average Etf Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor parties understand and agree that the Trust Trust, as a third third-party beneficiary to this Agreement Agreement, is entitled and intends to proceed directly against the Authorized Participant in the event that the Authorized Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 3 contracts
Samples: Authorized Participant Agreement (Investment Managers Series Trust II), Authorized Participant Agreement (Investment Managers Series Trust II), Authorized Participant Agreement (Investment Managers Series Trust II)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor parties understand and agree that the Trust Trust, as a third party beneficiary to this Agreement Agreement, is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 3 contracts
Samples: Participant Agreement (Hartford Funds Exchange-Traded Trust), Participant Agreement (Lattice Strategies Trust), Participant Agreement (Hartford Funds NextShares Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that the Trust as is a third third-party beneficiary to this Agreement and, as such, is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 2 contracts
Samples: Authorized Participant Agreement (Arrow ETF Trust), Authorized Participant Agreement (Arrow Investments Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor parties understand and agree that the Trust each Trust, as a third party beneficiary to this Agreement Agreement, is entitled and intends intend to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the each such Trust.
Appears in 2 contracts
Samples: Participant Agreement (Natixis ETF Trust), Participant Agreement (Natixis ETF Trust II)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor parties understand and agree that the Trust Trusts, as a third party beneficiary beneficiaries to this Agreement is Agreement, are entitled and intends intend to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the applicable Trust.
Appears in 2 contracts
Samples: Participant Agreement (SPDR INDEX SHARES FUNDS (Formerly streetTRACKS Index Shares Funds)), Participant Agreement (SPDR Series Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree understands that the Trust as a third party beneficiary to this Agreement is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 2 contracts
Samples: Authorized Participant Agreement (Strategy Shares), Authorized Participant Agreement (Pointbreak ETF Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that each of the Funds and the Trust as a third party beneficiary beneficiaries to this Agreement is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Funds or Trust.
Appears in 2 contracts
Samples: Authorized Participant Agreement (Forum ETF Trust), Authorized Participant Agreement (Forum ETF Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that the Trust as a third third-party beneficiary to this Agreement is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 2 contracts
Samples: Authorized Participant Agreement (Matthews International Funds), Authorized Participant Agreement (Advisors Series Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Trust shall be a third-party beneficiary of this Agreement and is entitled to enforce directly against the Participant and the Distributor understand and agree that obligations owed to the Trust as a third party beneficiary to this Agreement is entitled and intends to proceed directly by the Participant (including, without limitation, bringing proceedings against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust's name).
Appears in 1 contract
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that the Trust Trust, as a third party beneficiary to this Agreement Agreement, is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust.
Appears in 1 contract
Samples: Authorized Participant Agreement (NuShares ETF Trust)
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor parties understand and agree that the Trust Trust, as a third party beneficiary to this Agreement Agreement, is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this A-12 Agreement that benefit the Trust.
Appears in 1 contract
TRUST AS THIRD PARTY BENEFICIARY. The Participant and the Distributor understand and agree that the Trust as a third party beneficiary to this Agreement is entitled and intends to proceed directly against the Participant in the event that the Participant fails to honor any of its obligations pursuant to this Agreement that benefit the Trust, and the Participant agrees to cooperate with the Trust and the Distributor if a request for information or records is made to the Participant.
Appears in 1 contract
Samples: Authorized Participant Agreement (Bear Stearns Active Etf Trust)
