Common use of No Management or Control; Limited Liability; Exercise of Rights through DTC Clause in Contracts

No Management or Control; Limited Liability; Exercise of Rights through DTC. The Shareholders shall not participate in the management or control of the Trust’s business nor shall they transact any business for the Trust or have the power to sign for or bind the Trust, said power being vested solely and exclusively in the Sponsor. Except as provided in Section 7.03, no Shareholder shall be bound by, or be personally liable for, the expenses, liabilities or obligations of the Trust in excess of its Capital Contribution plus its share of any Trust Estate in which such Shareholder owns a Share and the Trust’s remaining profits, if any. Except as provided in Section 7.03, each Share owned by a Shareholder shall be fully paid and no assessment shall be made against any Shareholder. No salary shall be paid to any Shareholder in its capacity as a Shareholder, nor shall any Shareholder have a drawing account or earn interest on its contribution. By the purchase and acceptance or other lawful delivery and acceptance of Shares, each Beneficial Owner shall be deemed to be a Shareholder and beneficiary of the Trust and vested with beneficial undivided interest in the Trust to the extent of the Shares owned beneficially by such Beneficial Owner, subject to the terms and conditions of this Trust Agreement. The rights of Beneficial Owners under this Trust Agreement must be exercised by DTC Participants acting on their behalf in accordance with the rules and procedures of the Depository, as provided in Section 3.03.

Appears in 1 contract

Sources: Trust Agreement (Greenhaven Coal Index Fund)

No Management or Control; Limited Liability; Exercise of Rights through DTC. The Shareholders Limited Owners shall not participate in the management or control of the Trust’s business nor shall they transact any business for the Trust or have the power to sign for or bind the Trust, said power being vested solely and exclusively in the SponsorManaging Owner. Except as provided in Section 7.038.3 hereof, no Shareholder Limited Owner shall be bound by, or be personally liable for, the expenses, liabilities or obligations of the Trust in excess of its Capital Contribution plus its share of any Trust Estate in which such Shareholder Limited Owner owns a Share Unit and the Trust’s remaining profits, if any. Except as provided in Section 7.038.3 hereof, each Share Limited Unit owned by a Shareholder Limited Owner shall be fully paid and no assessment shall be made against any ShareholderLimited Owner. No salary shall be paid to any Shareholder Limited Owner in its capacity as a ShareholderLimited Owner, nor shall any Shareholder Limited Owner have a drawing account or earn interest on its contributioncapital. By the purchase and acceptance or other lawful delivery and acceptance of SharesLimited Units, each Beneficial Owner shall be deemed to be a Shareholder Limited Owner and beneficiary of the Trust and vested with beneficial undivided interest in the Trust to the extent of the Shares Limited Units owned beneficially by such Beneficial Owner, subject to the terms and conditions of this Trust Agreement. The rights of Beneficial Owners under this Trust Agreement must be exercised by DTC Participants acting on their behalf in accordance with the rules and procedures of the Depository, as provided in Section 3.033.4.

Appears in 1 contract

Sources: Trust Agreement (GreenHaven Continuous Commodity Index Fund)

No Management or Control; Limited Liability; Exercise of Rights through DTC. The Shareholders Limited Owners shall not participate in the management or control of the Trust’s or any of the Fund’s business nor shall they transact any business for the Trust or any Fund or have the power to sign for or bind the TrustTrust or any Fund, said power being vested solely and exclusively in the SponsorManaging Owner. Except as provided in Section 7.038.3 hereof, no Shareholder Limited Owner shall be bound by, or be personally liable for, the expenses, liabilities or obligations of the Trust or any Fund in excess of its Capital Contribution plus its share of any the applicable Trust Estate in which such Shareholder owns a Share and the Trust’s remaining profitsprofits remaining, if any. Except as provided in Section 7.038.3 hereof, each Share Unit owned by a Shareholder Limited Owner shall be fully paid and no assessment shall be made against any ShareholderLimited Owner. No salary shall be paid to any Shareholder Limited Owner in its capacity as a ShareholderLimited Owner, nor shall any Shareholder Limited Owner have a drawing account or earn interest on its contributionCapital Contribution. By the purchase and acceptance or other lawful delivery and acceptance of SharesUnits, each Beneficial Owner shall be deemed to be a Shareholder Limited Owner and beneficiary of the Trust applicable Fund and vested with beneficial undivided interest in the Trust such Fund to the extent of the Shares Units owned beneficially by such Beneficial Owner, subject to the terms and conditions of this Trust Agreement. The rights of Beneficial Owners under this Trust Agreement must be exercised by DTC Participants Direct Participants, or Indirect Participants, as applicable, acting on their behalf in accordance with the rules and procedures of the Depository, as provided in Section 3.033.5.

Appears in 1 contract

Sources: Declaration of Trust and Trust Agreement (STREAM S&P Dynamic Roll Global Commodities Fund)

No Management or Control; Limited Liability; Exercise of Rights through DTC. The Shareholders Limited Owners shall not participate in the management or control of the Trust’s 's business nor shall they transact any business for the Trust or have the power to sign for or bind the Trust, said power being vested solely and exclusively in the Sponsor. Except as provided in Section 7.038.3 hereof, no Shareholder Limited Owner shall be bound by, or be personally liable for, the expenses, liabilities or obligations of the Trust in excess of its Capital Contribution plus its share of any the Trust Estate in which such Shareholder owns a Share and the Trust’s remaining Estate, including undistributed profits, if any. Except as provided in Section 7.038.3 hereof, each Limited Share owned by a Shareholder Limited Owner shall be fully paid and no assessment shall be made against any ShareholderLimited Owner. No salary shall be paid to any Shareholder Limited Owner in its capacity as a ShareholderLimited Owner, nor shall any Shareholder Limited Owner have a drawing account or earn interest on its contributionCapital Contribution. By the purchase and acceptance or other lawful delivery and acceptance of Limited Shares, each Beneficial Limited Owner shall be deemed to be a Shareholder and beneficiary of the Trust and vested with a beneficial undivided interest in the Trust to the extent of the Limited Shares owned beneficially by such Beneficial Limited Owner, subject to the terms and conditions of this Trust Agreement. The rights of Beneficial Limited Owners under this Trust Agreement must be exercised by DTC Participants acting on their behalf of its Direct Participants, Indirect Participants and ultimate Beneficial Owners, in accordance with the rules and procedures of the Depository, as provided in Section 3.033.4.

Appears in 1 contract

Sources: Declaration of Trust and Trust Agreement (AirShares(TM) EU Carbon Allowances Fund)