Trustee Termination Events. Any one of the following events shall constitute a Trustee Termination Event (a "Trustee Termination Event"): (a) to the extent that any Quarterly Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding Shares, a failure by the Trustee to pass through such Quarterly Distribution, which failure continues unremedied for a period of five (5) or more Business Days; (b) to the extent that any Final Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding Shares, a failure by the Trustee to pass through such Final Distribution, which failure continues unremedied for a period of five (5) or more Business Days; (c) any failure by the Trustee to observe or perform in any material respect any of its other covenants or obligations hereunder, which failure continues unremedied for thirty (30) days after the giving of written notice of such failure to the Trustee by the Depositor or by not less than 25% of the Holders, voting by par amount; (d) the Trustee becomes ineligible or incapable of acting as Trustee hereunder; (e) the occurrence of a Trustee Termination Event under the Up-MACRO Holding Trust Agreement, pursuant to the terms of the Up-MACRO Holding Trust Agreement;
Appears in 8 contracts
Sources: Macroshares Oil Up Tradeable Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Trust Agreement (Claymore MACROshares Oil Up Holding Trust), Third Amended and Restated Macroshares Oil Up Tradeable Trust Agreement (Claymore MACROshares Oil Up Tradeable Trust)
Trustee Termination Events. Any one of the following events shall constitute a Trustee Termination Event (a "Trustee Termination Event"):
(a) to the extent that funds are available in the Down Trust to make any Quarterly Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding SharesDistribution, a any failure by the Trustee to pass through make such Quarterly DistributionDistribution in the amount determined in accordance with the calculations required to be made pursuant to Article 4 hereof, which failure continues unremedied for a period of five (5) or more Business Days;
(b) to the extent that any Final Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding Shares, a failure by the Trustee to pass through such distribute the proceeds of all of the Trust Assets on the Final DistributionScheduled Termination Date, which failure continues unremedied for a period of five (5) or more Business Days;
(c) to the extent that funds are available in the Down Trust, any failure by the Trustee to make any payment required to be made under the Income Distribution Agreement or the Settlement Contracts, which failure continues unremedied for a period of five (5) or more Business Days;
(d) any failure by the Trustee to observe or perform in any material respect any of its other covenants or obligations hereunder, which failure continues unremedied for thirty (30) days after the giving of written notice of such failure to the Trustee by the Depositor or by not less than 25% of the Holders, voting by par amount;
(d) the Trustee becomes ineligible or incapable of acting as Trustee hereunder;
(e) the occurrence of a Trustee Termination Event under the Up-MACRO Holding Trust Agreement, pursuant to the terms of the Up-MACRO Holding Trust Agreement;
Appears in 7 contracts
Sources: Macroshares $100 Oil Down Trust Agreement (MacroShares $100 Oil Down Trust), Macroshares Major Metro Housing Down Trust Agreement (MacroShares Major Metro Housing Down Trust), Macroshares Oil Down Trust Agreement (MacroShares $100 Oil Down Trust)
Trustee Termination Events. Any one of the following events shall constitute a Trustee Termination Event (a "Trustee Termination Event"):
(a) to the extent that funds are available in the Up Trust to make any Quarterly Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding SharesDistribution, a any failure by the Trustee to pass through make such Quarterly DistributionDistribution in the amount determined in accordance with the calculations required to be made pursuant to Article 4 hereof, which failure continues unremedied for a period of five (5) or more Business Days;
(b) to the extent that any Final Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding Shares, a failure by the Trustee to pass through such distribute the proceeds of all of the Trust Assets on the Final DistributionScheduled Termination Date, which failure continues unremedied for a period of five (5) or more Business Days;
(c) to the extent that funds are available in the Up Trust, any failure by the Trustee to make any payment required to be made under the Income Distribution Agreement or the Settlement Contracts, which failure continues unremedied for a period of five (5) or more Business Days;
(d) any failure by the Trustee to observe or perform in any material respect any of its other covenants or obligations hereunder, which failure continues unremedied for thirty (30) days after the giving of written notice of such failure to the Trustee by the Depositor or by not less than 25% of the Holders, voting by par amount;
(de) the Trustee becomes ineligible or incapable of acting as Trustee hereunder;; or
(ef) the occurrence of a Trustee Termination Event under the Up-MACRO Holding Trust Agreement, pursuant to the terms of the Up-MACRO Holding Down Trust Agreement;.
Appears in 5 contracts
Sources: Trust Agreement (MACRO Securities Depositor, LLC), Macroshares Major Metro Housing Up Trust Agreement (MacroShares Major Metro Housing Up Trust), Trust Agreement (MacroShares $100 Oil Up Trust)
Trustee Termination Events. Any one of the following events shall constitute a Trustee Termination Event (a "Trustee Termination Event"):
(a) to the extent that any Quarterly Distribution is received by funds are available in the Up-MACRO Tradeable Holding Trust on its Up-MACRO Holding Sharesto make any Quarterly Distribution, a any failure by the Trustee to pass through make such Quarterly DistributionDistribution in the amount determined in accordance with the calculations required to be made pursuant to Article 4 hereof, which failure continues unremedied for a period of five (5) or more Business Days;
(b) to the extent that any Final Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding Shares, a failure by the Trustee to pass through such distribute the proceeds of all of the Trust Assets on the Final DistributionScheduled Termination Date, which failure continues unremedied for a period of five (5) or more Business Days;
(c) to the extent that funds are available in the Up-MACRO Holding Trust, any failure by the Trustee to make any payment required to be made under the Income Distribution Agreement or the Settlement Contracts, which failure continues unremedied for a period of five (5) or more Business Days;
(d) any failure by the Trustee to observe or perform in any material respect any of its other covenants or obligations hereunder, which failure continues unremedied for thirty (30) days after the giving of written notice of such failure to the Trustee by the Depositor or by not less than 25% of the Holders, voting by par amount;
(de) the Trustee becomes ineligible or incapable of acting as Trustee hereunder;
(e) the occurrence of a Trustee Termination Event under the Up-MACRO Holding Trust Agreement, pursuant to the terms of the Up-MACRO Holding Trust Agreement;
Appears in 5 contracts
Sources: Claymore Macroshares Oil Up Holding Trust Agreement (MACRO Securities Depositor, LLC), Claymore Macroshares Oil Up Holding Trust Agreement (MACRO Securities Depositor, LLC), Claymore Macroshares Oil Up Holding Trust Agreement (MACRO Securities Depositor, LLC)
Trustee Termination Events. Any one of the following events shall constitute a Trustee Termination Event (a "Trustee Termination Event"):
(a) to the extent that any Quarterly Distribution is received by the UpDown-MACRO Tradeable Trust on its UpDown-MACRO Holding Shares, a failure by the Trustee to pass through such Quarterly Distribution, which failure continues unremedied for a period of five (5) or more Business Days;
(b) to the extent that any Final Distribution is received by the UpDown-MACRO Tradeable Trust on its UpDown-MACRO Holding Shares, a failure by the Trustee to pass through such Final Distribution, which failure continues unremedied for a period of five (5) or more Business Days;
(c) any failure by the Trustee to observe or perform in any material respect any of its other covenants or obligations hereunder, which failure continues unremedied for thirty (30) days after the giving of written notice of such failure to the Trustee by the Depositor or by not less than 25% of the Holders, voting by par amount;
(d) the Trustee becomes ineligible or incapable of acting as Trustee hereunder;
(e) the occurrence of a Trustee Termination Event under the UpDown-MACRO Holding Trust Agreement, pursuant to the terms of the UpDown-MACRO Holding Trust Agreement;
Appears in 3 contracts
Sources: Second Amended and Restated Macroshares Oil Down Tradeable Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Trust Agreement (Claymore MACROshares Oil Up Holding Trust), Third Amended and Restated Macroshares Oil Down Tradeable Trust Agreement (Claymore MACROshares Oil Down Holding Trust)
Trustee Termination Events. Any one of the following events shall constitute a Trustee Termination Event (a "Trustee Termination Event"):
(a) to the extent that any Quarterly Distribution is received by funds are available in the Up-MACRO Tradeable Holding Trust on its Up-MACRO Holding Sharesto make any Quarterly Distribution, a any failure by the Trustee to pass through make such Quarterly DistributionDistribution in the amount determined in accordance with the calculations required to be made pursuant to Article 4 hereof, which failure continues unremedied for a period of five (5) or more Business Days;
(b) to the extent that any Final Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding Shares, a failure by the Trustee to pass through such distribute the proceeds of all of the Trust Assets on the Final DistributionScheduled Termination Date, which failure continues unremedied for a period of five (5) or more Business Days;
(c) to the extent that funds are available in the Up-MACRO Holding Trust, any failure by the Trustee to make any payment required to be made under the Income Distribution Agreement or the Settlement Contracts, which failure continues unremedied for a period of five (5) or more Business Days;
(d) any failure by the Trustee to observe or perform in any material respect any of its other covenants or obligations hereunder, which failure continues unremedied for thirty (30) days after the giving of written notice of such failure to the Trustee by the Depositor or by not less than 25% of the Holders, voting by par amount;
(d) the Trustee becomes ineligible or incapable of acting as Trustee hereunder;
(e) the occurrence of a Trustee Termination Event under the Up-MACRO Holding Trust Agreement, pursuant to the terms of the Up-MACRO Holding Trust Agreement;
Appears in 3 contracts
Sources: Trust Agreement (MACRO Securities Depositor, LLC), Trust Agreement (MACRO Securities Depositor, LLC), Claymore Macroshares Oil Up Holding Trust Agreement (MACRO Securities Depositor, LLC)
Trustee Termination Events. Any one of the following events shall constitute a Trustee Termination Event (a "Trustee Termination Event"):
(a) to the extent that funds are available in the Up Trust to make any Quarterly Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding SharesDistribution, a any failure by the Trustee to pass through make such Quarterly DistributionDistribution in the amount determined in accordance with the calculations required to be made pursuant to Article 4 hereof, which failure continues unremedied for a period of five (5) or more Business Days;
(b) to the extent that any Final Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding Shares, a failure by the Trustee to pass through such distribute the proceeds of all of the Trust Assets on the Final DistributionScheduled Termination Date, which failure continues unremedied for a period of five (5) or more Business Days;
(c) to the extent that funds are available in the Up Trust, any failure by the Trustee to make any payment required to be made under the Income Distribution Agreement or the Settlement Contracts, which failure continues unremedied for a period of five (5) or more Business Days;
(d) any failure by the Trustee to observe or perform in any material respect any of its other covenants or obligations hereunder, which failure continues unremedied for thirty (30) days after the giving of written notice of such failure to the Trustee by the Depositor or by not less than 25% of the Holders, voting by par amount;
(d) the Trustee becomes ineligible or incapable of acting as Trustee hereunder;
(e) the occurrence of a Trustee Termination Event under the Up-MACRO Holding Trust Agreement, pursuant to the terms of the Up-MACRO Holding Trust Agreement;
Appears in 2 contracts
Sources: Macroshares Major Metro Housing Up Trust Trust Agreement (MacroShares Major Metro Housing Up Trust), Trust Agreement (MacroShares $100 Oil Up Trust)
Trustee Termination Events. Any one of the following events shall constitute a Trustee Termination Event (a "Trustee Termination Event"):
(a) to the extent that funds are available in the Up Trust to make any Quarterly Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding SharesDistribution, a any failure by the Trustee to pass through make such Quarterly DistributionDistribution in the amount determined in accordance with the calculations required to be made pursuant to Article 4 hereof, which failure continues unremedied for a period of five (5) or more Business Days;
(b) to the extent that any Final Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding Shares, a failure by the Trustee to pass through such distribute the proceeds of all of the Trust Assets on the Final DistributionScheduled Termination Date, which failure continues unremedied for a period of five (5) or more Business Days;
(c) to the extent that funds are available in the Up Trust, any failure by the Trustee to make any payment required to be made under the Income Distribution Agreement or the Settlement Contracts, which failure continues unremedied for a period of five (5) or more Business Days;
(d) any failure by the Trustee to observe or perform in any material respect any of its other covenants or obligations hereunder, which failure continues unremedied for thirty (30) days after the giving of written notice of such failure to the Trustee by the Depositor or by not less than 25% of the Holders, voting by par amount;
(de) the Trustee becomes ineligible or incapable of acting as Trustee hereunder;; or
(ef) the occurrence of a Trustee Termination Event under the Up-MACRO Holding Down Trust Agreement, pursuant to the terms of the Up-MACRO Holding Down Trust Agreement;.
Appears in 2 contracts
Sources: Trust Agreement, Trust Agreement (MACRO Securities Depositor, LLC)
Trustee Termination Events. Any one of the following events shall constitute a Trustee Termination Event (a "Trustee Termination Event"):
(a) to the extent that any Quarterly Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding Shares, a failure by the Trustee to pass through such Quarterly Distribution, which failure continues unremedied for a period of five (5) or more Business Days;
(b) to the extent that any Final Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding Shares, a failure by the Trustee to pass through such Final Distribution, which failure continues unremedied for a period of five (5) or more Business Days;
(c) any failure by the Trustee to observe or perform in any material respect any of its other covenants or obligations hereunder, which failure continues unremedied for thirty (30) days after the giving of written notice of such failure to the Trustee by the Depositor or by not less than 25% of the Holders, voting by par amount;
(d) the Trustee becomes ineligible or incapable of acting as Trustee hereunder;
(e) the occurrence of a Trustee Termination Event under the Up-MACRO Holding Trust Agreement, pursuant to the terms of the Up-MACRO Holding Trust Agreement;
Appears in 2 contracts
Sources: Claymore Macroshares Oil Up Tradeable Trust Agreement (MACRO Securities Depositor, LLC), Claymore Macroshares Oil Up Tradeable Trust Agreement (MACRO Securities Depositor, LLC)
Trustee Termination Events. Any one of the following events shall constitute a Trustee Termination Event (a "Trustee Termination Event"):
(a) to the extent that funds are available in the Up Trust to make any Quarterly Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding SharesDistribution, a any failure by the Trustee to pass through make such Quarterly DistributionDistribution in the amount determined in accordance with the calculations required to be made pursuant to Articles 4 and 8 hereof, which failure continues unremedied for a period of five (5) or more Business Days;
(b) to the extent that any Final Distribution is received by the Up-MACRO Tradeable Trust on its Up-MACRO Holding Shares, a failure by the Trustee to pass through such distribute the proceeds of all of the Trust Assets on the Final DistributionScheduled Termination Date, which failure continues unremedied for a period of five (5) or more Business Days;
(c) to the extent that funds are available in the Up Trust, any failure by the Trustee to make any payment required to be made under the Income Distribution Agreement or the Settlement Contracts, which failure continues unremedied for a period of five (5) or more Business Days;
(d) any failure by the Trustee to observe or perform in any material respect any of its other covenants or obligations hereunder, which failure continues unremedied for thirty (30) days after the giving of written notice of such failure to the Trustee by the Depositor or by not less than 25% of the Holders, voting by par amount;
(de) the Trustee becomes ineligible or incapable of acting as Trustee hereunder;; or
(ef) the occurrence of a Trustee Termination Event under the Up-MACRO Holding Down Trust Agreement, pursuant to the terms of the Up-MACRO Holding Trust Agreement;.
Appears in 1 contract