Common use of Depositor’s Representation Clause in Contracts

Depositor’s Representation. The Depositor represents, warrants, and agrees that it will not make, or permit any of its representatives to make, any representations concerning Trust Certificates other than those contained in or consistent with the Trust’s then current Prospectus or in any promotional materials or sales literature furnished to the Depositor or otherwise made publicly available by the Trust Administrator. The Depositor agrees to provide each purchaser of Trust Certificates, whenever required by Rule 173 under the Securities Act, a notice in compliance with the provisions of Rule 173 under the Securities Act. The Depositor agrees not to furnish or cause to be furnished to any person or display or publish any information or materials relating to Trust Certificates (including, without limitation, promotional materials and sales literature, advertisements, press releases, announcements, statements, posters, signs, or other similar materials), except such information and materials as may be furnished to the Depositor by the Trust Administrator or otherwise made publicly available by the Trust Administrator, and such other information and materials as may be approved in writing by the Trust Administrator. The Depositor understands that the Trust will not be advertised as offering redeemable securities, and that any advertising materials will prominently disclose that the Trust Certificates are not redeemable units of beneficial interest in the Trust. Notwithstanding the foregoing, the Depositor may, without the approval of the Trust Administrator, prepare and circulate in the regular course of its business or for internal use, research reports, institutional communications (as such term is defined in FINRA Rule 2210 as of the date hereof), correspondence (as such term is defined in FINRA Rule 2210 as of the date hereof) and other similar materials that include information, opinions, or recommendations relating to Shares; provided that such materials comply with applicable FINRA rules and are not inconsistent with the Prospectus. Copies of the then current Prospectus of the Trust will be supplied by the Trust Administrator to the Depositor in reasonable quantities upon request and/or made publicly available by the Trust Administrator.