Examples of Up MacroShares in a sentence
On each distribution date, the Up Trust will declare a distribution on the Up MacroShares.
The Administrative Agent shall, if required to do so under the federal securities laws of the United States, deliver at the time of issuance of any Up MacroShares in any manner permitted by such laws, a copy of the Prospectus, as most recently furnished to the Administrative Agent by the Depositor, to each person submitting a Creation Order.
The Trustee hereby (i) acknowledges its acceptance on behalf of the Up Trust of all right and title to and interest in the Trust Assets, both now existing and hereafter created, and (ii) declares that it shall maintain such right, title and interest, upon the Up Trust herein set forth, for the benefit of all Holders of the Up MacroShares.
As provided in the Depository Agreement, upon the settlement date for any creation, transfer or redemption of the Up MacroShares, the Depository will credit or debit, on its book-entry registration and transfer system, the amount of Up MacroShares so created, transferred or redeemed to the accounts of the appropriate DTC Participants.
The Marketing Agent is duly qualified to do business and is in good standing as a foreign corporation (or is exempt from such requirements), and has obtained all necessary licenses and approvals in each jurisdiction in which failure to so qualify or to obtain such licenses and approvals would have a material adverse effect on the interests of the Holders of the Up MacroShares hereunder.
The Depositor may use any convention or combination of conventions that it believes is reasonable for U.S. federal income tax purposes regarding the allocation of items of income, gain, loss, deduction and expense with respect to transferred Up MacroShares and redeemed Up MacroShares.
All rights of action and claims under this Trust Agreement or the Up MacroShares may be prosecuted and enforced by the Trustee without the possession of any of the Up MacroShares or the production thereof in any proceeding relating thereto, and any such proceeding instituted by the Trustee shall be brought in its own name as trustee.
The execution, delivery and performance of this Trust Agreement by the Depositor, the execution and delivery to the Trustee of the Up MacroShares by the Depositor and the consummation by the Depositor of the transactions provided for in this Trust Agreement and the performance of its obligations hereunder have been duly authorized by the Depositor by all necessary action on the part of the Depositor and this Trust Agreement will remain, from the time of its execution, an official record of the Depositor.
Except as set forth in Section 3.2, the Trustee makes no representations as to the validity or sufficiency of this Trust Agreement or of the Up MacroShares (other than the certificate of authentication on the Up MacroShares).
If any one or more of the covenants, agreements, provisions or terms of this Trust Agreement is held invalid for any reason whatsoever, then such provision shall be deemed severable from the remaining provisions of this Trust Agreement and shall in no way affect the validity or enforceability of the remaining provisions or of the Up MacroShares or the rights of the Holders of the Up MacroShares.