Existing ETF Contract definition

Existing ETF Contract means any existing investment advisory, sponsorship or similar Contract that the ETFs Business has with any ETF Fund (including the Depositary Trust Agreements in the case of the CurrencyShares Funds) as of the Closing or the date of this Agreement, as applicable.
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Examples of Existing ETF Contract in a sentence

  • For any Contingent Account that exists at the Closing Measurement Date, Buyer shall use its reasonable best efforts to cause such Contingent Account not to terminate the applicable Existing ETF Contract prior to the end of the True-Up Period.

  • Each Existing ETF Contract subject to Section 15 of the Investment Company Act has been duly approved, continued and at all times in the past three years has been in compliance with the Investment Company Act, except for such matters that would not, individually or in the aggregate, reasonably be expected to have an ETFs Business Material Adverse Effect.

  • Buyer agrees to use and to cause each of its Subsidiaries to use its reasonable best efforts to cooperate with Seller and its Subsidiaries in their efforts so to satisfy the Assignment Requirements with respect to each Existing ETF Contract (and to obtain the “interim” new advisory contracts described in ‎Section 7.05(b)(i)(B)).

  • Each Existing ETF Contract, whether or not subject to Section 15 of the Investment Company Act, has been performed by the ETFs Business in the past three years in accordance with its terms, except for such matters that would not, individually or in the aggregate, reasonably be expected to have an ETFs Business Material Adverse Effect.

  • For the avoidance of doubt, the Existing ETF Contract of each 40 Act ETF Fund shall be assigned to Buyer or one of its subsidiaries at Closing in the event that the Assignment Requirements with respect to such 40 Act ETF Fund have not been satisfied as of Closing, which purported assignment will have the effect of terminating such Existing ETF Contracts and thereby permit the 40 Act ETF Fund board to appoint interim adviser(s) pursuant to Rule 15a-4(b)(2) of the Investment Company Act.