Licensed Index definition
Examples of Licensed Index in a sentence
The Product shall be a Unit Investment Trust that has the following characteristics: (i) the fund has the investment objective of replicating the performance of the Licensed Index; (ii) is organized under the laws of the Investment Company Act of the United States and (iii) is not traded or listed on an Organized Securities Markets (as defined below) (e.g., is not exchange traded, electronically or otherwise).
On a Daily Basis: § A list of component stocks (the “Components”) for the Licensed Index listed in this Schedule III; § Divisor of the Licensed Index as of the end of each business day; § Closing values of the Licensed Index, on a price return basis, as the end of each business day; and § Closing prices of the Components as of the end of each business day.
Notwithstanding the foregoing, the Advisor shall not have any liability to the Trust arising out of the termination of this Agreement due to the cessation of the Licensed Index.
Advisor shall provide the Trust with advance notice of any material adjustments or changes to the Licensed Index.
Notwithstanding the foregoing, the Trust acknowledges and agrees that Advisor’s Confidential Information includes, without limitation, all of Advisor’s marketing or promotional materials relating to the Licensed Index or any other offering of Advisor, its business policies or practices, financial information, technical information, computer systems, infrastructure designs, data, software output, algorithms, processes, methods, analyses, compilations or studies, and the terms of this Agreement.
In the event that Advisor (or its agent or representative, as applicable) determines to cease to calculate or publish the Licensed Index, and the License Agreement is thereby terminated, then this Agreement shall also terminate.
The Trust shall, at all times, attribute credit for the Licensed Index to IndexIQ and/or the Advisor, as applicable, under such attribution as Advisor specifies in writing from time to time.
In the event of an infringement action against Advisor with respect to a Licensed Index or Licensed M▇▇▇, or in the event Advisor believes such a claim is likely, Advisor shall be entitled at its option to: (i) appropriately modify the Licensed Index or Licensed M▇▇▇; (ii) obtain a license from the third party to allow the Trust to continue using it in accordance with this Agreement; or (iii) if neither (i) nor (ii) is commercially practicable, terminate this Agreement.
The Trust shall submit to Advisor for its review and approval (i) any proposed names of a Trust Offering; and (ii) all advertisements, brochures and promotional and any other similar informational materials (including documents required to be filed with governmental or regulatory agencies) that in any way use or refer to IndexIQ, Advisor, a Licensed Index or a Licensed M▇▇▇ (the “Informational Materials”).
Advisor provides services to the Trust related to investment management and, in connection therewith, Advisor desires to sub-license the Licensed Index (as defined below) to be used by the Trust in accordance with the terms and conditions set forth herein.