ETF Managers definition
Examples of ETF Managers in a sentence
Once a Fund is operational, should ETF Managers Group, LLC (the “Adviser”) terminate this service agreement with USBFS prior to the end of the initial five year period, the Adviser will be will be responsible for the balance of the minimum fees for the remainder of the service agreement’s 12-month period beginning with the Fund’s launch or any anniversary of launch.
Sit has provided Part 2 of its current Form ADV to ETF Managers Capital and will provide any revised Part 2 (or equivalent disclosure document) within a reasonable time after the revisions are made.
ETF Managers Capital shall have the option hereunder to use the replacement model portfolio under the terms of this Agreement by notifying Sit within ninety (90) days of receiving written notice from Sit regarding the replacement model portfolio, on the same terms and conditions (including payment of fees as set forth in Article 3 of this Agreement) as ETF Managers Capital or the Fund previously used the discontinued Benchmark.
Sit shall give ETF Managers Capital at least sixty (60) days’ written notice prior to such discontinuance, which notice shall specify whether a replacement or substitute model portfolio will be available.
Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between ETF Managers Capital, on the one hand, and Sit, on the other hand.
Upon termination of this Agreement, ETF Managers Capital shall cease to use the Benchmark except as provided for in this Agreement.
Accordingly, ETF Managers Capital and Sit agree that a breach of this Article 7 shall entitle Sit (in the case of a breach by ETF Managers Capital) or ETF Managers Capital (in the case of a breach by Sit) to seek equitable relief to protect its interest herein, including injunctive relief, as well as money damages.
ETF Managers Capital may not assign this Agreement or any of the rights or obligations granted hereunder without Sit’s prior written consent, and Sit may not assign this Agreement or any of the rights or obligations granted hereunder (except to an affiliate under common control) without ETF Managers Capital’s prior written consent.
Neither ETF Managers Capital nor Sit shall sell, transfer, publish, disclose, or otherwise make available any portion of the Confidential Information of the other party to third parties, except as necessary to perform its obligations under this Agreement or as expressly authorized in this Agreement.
ETF Managers Capital and Sit are independent contractors to one another.