Common use of Rights and Duties Clause in Contracts

Rights and Duties. The Shareholders shall have the following rights, powers, privileges, duties and liabilities: (a) All Shareholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement. (b) Shareholders shall have the right to demand a redemption of their Shares only upon the dissolution and winding up of the Trust and only to the extent of funds available therefor as provided in Section 12.2. In no event shall a Shareholder be entitled to demand or receive property other than cash upon the dissolution and winding up of the Trust. No Shareholder shall have priority over any other Shareholder as to distributions. A Shareholder shall not have any right to bring an action for partition against the Trust. (c) Shareholders holding Shares representing (i) at least a majority (over 50%) of the Shares (not including Shares held by the Sponsor and its Affiliates) may vote to appoint a successor Sponsor as provided in Section 6.8 or to continue the Trust as provided in Section 12.1(a)(vi). Except as set forth in this Section 7.2(d), Shareholders shall have no voting rights with respect to the Trust. For the avoidance of doubt, if the Sponsor is a Shareholder, the provisions of this Article VII shall not limit the rights of the Sponsor in its role as Sponsor.

Appears in 4 contracts

Sources: Trust Agreement (21Shares Ethereum ETF), Trust Agreement (21Shares Core Ethereum ETF), Trust Agreement (Ark 21Shares Bitcoin ETF)

Rights and Duties. The Shareholders shall have the following rights, powers, privileges, duties and liabilities: (a) All Shareholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement. (b) Shareholders shall have the right to demand a redemption of their Shares only upon the dissolution and winding up of the Trust and only to the extent of funds available therefor as provided in Section 12.2. In no event shall a Shareholder be entitled to demand or receive property other than cash upon the dissolution and winding up of the Trust. No Shareholder shall have priority over any other Shareholder as to distributions. A Shareholder shall not have any right to bring an action for partition against the Trust. (c) Shareholders holding Shares representing (i) at least a majority (over 50%) of the Shares (not including Shares held by the Sponsor and its Affiliates) may vote to appoint a successor Sponsor as provided in Section 6.8 or to continue the Trust as provided in Section 12.1(a)(vi). Except as set forth in this Section 7.2(d), Shareholders shall have no voting rights with respect to the Trust. For the avoidance of doubt, if the Sponsor is a Shareholder, the provisions of this Article VII shall not limit the rights of the Sponsor in its role as Sponsor.

Appears in 3 contracts

Sources: Trust Agreement (Hashdex Nasdaq Crypto Index US ETF), Trust Agreement (Hashdex Nasdaq Crypto Index US ETF), Trust Agreement (Hashdex Nasdaq Crypto Index US ETF)

Rights and Duties. The Shareholders shall have the following rights, powers, privileges, duties and liabilities: (a) All The Shareholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement. (b) Shareholders shall have the right to demand a redemption of their Shares only upon the dissolution and winding up of the Trust and only to the extent of funds available therefor therefor, as provided in Section 12.2. In no event shall a Shareholder be entitled to demand or receive property other than cash upon the dissolution and winding up of the Trust. No Shareholder shall have priority over any other Shareholder as to distributions. A The Shareholder shall not have any right to bring an action for dissolution or partition against the Trust. (c) Shareholders holding Shares representing (i) at least a majority (over 50%) of the Shares (not including Shares held by the Sponsor and its Affiliates) may vote to appoint a successor Sponsor as provided solely in the circumstance set forth in Section 6.8 or to continue the Trust as provided in Section 12.1(a)(vi)6.9. Except as set forth in this Section 7.2(d)above, the Shareholders shall have no voting or other rights under this Trust Agreement, the Delaware Trust Statute or otherwise with respect to the Trust. For the avoidance of doubt, if the Sponsor is a Shareholder, the provisions of this Article VII shall not limit the rights of the Sponsor in its role as Sponsor.

Appears in 2 contracts

Sources: Trust Agreement (WisdomTree Bitcoin Fund), Trust Agreement (WisdomTree Bitcoin Fund)

Rights and Duties. The Shareholders shall have the following rights, powers, privileges, duties and liabilities: (a) All Shareholders shall receive the share of the distributions provided for in this Trust Agreement in the manner and at the times provided for in this Trust Agreement. (b) Shareholders shall have the right to demand a redemption of their Shares only upon the dissolution and winding up of the Trust and only to the extent of funds available therefor as provided in Section 12.2. In no event shall a Shareholder be entitled to demand or receive property other than cash upon the dissolution and winding up of the Trust. No Shareholder shall have priority over any other Shareholder as to distributions. A Shareholder shall not have any right to bring an action for partition against the Trust. (c) Shareholders holding Shares representing (i) at least a majority (over 50%) of the Shares (not including Shares held by the Sponsor and its Affiliates) may vote to appoint a successor Sponsor as provided in Section 6.8 or to continue the Trust as provided in Section 12.1(a)(vi12.1(a)(xii). Except as set forth in this Section 7.2(d7.2(c), Shareholders shall have no voting rights with respect to the Trust. For the avoidance of doubt, if the Sponsor is a Shareholder, the provisions of this Article VII shall not limit the rights of the Sponsor in its role as Sponsor.

Appears in 1 contract

Sources: Trust Agreement (21Shares Ethereum ETF)