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-MACRO Holding Trust to make any Quarterly Distribution, any failure by the Trustee to make such Quarterly Distribution 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) any failure by the Trustee to distribute the proceeds of all of the Trust Assets on the Final Scheduled 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-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; (e) the Trustee becomes ineligible or incapable of acting as Trustee hereunder; (f) 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; (g) the occurrence of a Trustee Termination Event under the Down-MACRO Tradeable Trust Agreement, pursuant to the terms of the Down-MACRO Tradeable Trust Agreement; or (h) the occurrence of a Trustee Termination Event under the Up-MACRO Tradeable Trust Agreement, pursuant to the terms of the Up-MACRO Tradeable Trust Agreement.
Appears in 12 contracts
Sources: Third Amended and Restated Macroshares Oil Down Holding Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Macroshares Oil Down Holding Trust Agreement (Claymore MACROshares Oil Up Holding Trust), Macroshares Oil Down Holding 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 funds are available in any Quarterly Distribution is received by the Down-MACRO Tradeable Trust on its Down-MACRO Holding Trust to make any Quarterly DistributionShares, any a failure by the Trustee to make pass through such Quarterly Distribution in the amount determined in accordance with the calculations required to be made pursuant to ARTICLE 4 hereofDistribution, 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 Down-MACRO Tradeable Trust on its Down-MACRO Holding Shares, a failure by the Trustee to distribute the proceeds of all of the Trust Assets on the pass through such Final Scheduled Termination DateDistribution, 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-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;
(ed) the Trustee becomes ineligible or incapable of acting as Trustee hereunder;
(e) the occurrence of a Trustee Termination Event under the Down-MACRO Holding Trust Agreement, pursuant to the terms of the Down-MACRO Holding Trust Agreement;
(f) 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;
(g) the occurrence of a Trustee Termination Event under the Down-MACRO Tradeable Trust Agreement, pursuant to the terms of the Down-MACRO Tradeable Trust Agreement; or
(hg) the occurrence of a Trustee Termination Event under the Up-MACRO Tradeable Trust Agreement, pursuant to the terms of the Up-MACRO Tradeable Trust Agreement.
Appears in 7 contracts
Sources: Third Amended and Restated Macroshares Oil Down Tradeable Trust Agreement (MACROshares Oil Down Holding Trust), Third Amended and Restated Macroshares Oil Down Tradeable Trust Agreement (MACROshares Oil Up Tradeable Trust), Claymore Macroshares Oil Down 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 DownUp-MACRO Holding Trust to make any Quarterly Distribution, any failure by the Trustee to make such Quarterly Distribution in the amount determined in accordance with the calculations required to be made pursuant to ARTICLE Article 4 hereof, which failure continues unremedied for a period of five (5) or more Business Days;
(b) any failure by the Trustee to distribute the proceeds of all of the Trust Assets on the Final Scheduled 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 DownUp-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;
(e) the Trustee becomes ineligible or incapable of acting as Trustee hereunder;
(f) 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;
(g) the occurrence of a Trustee Termination Event under the Up-MACRO Tradeable Trust Agreement, pursuant to the terms of the Up-MACRO Tradeable Trust Agreement; or
(h) the occurrence of a Trustee Termination Event under the Down-MACRO Tradeable Trust Agreement, pursuant to the terms of the Down-MACRO Tradeable Trust Agreement; or
(h) the occurrence of a Trustee Termination Event under the Up-MACRO Tradeable Trust Agreement, pursuant to the terms of the Up-MACRO Tradeable Trust Agreement.
Appears in 5 contracts
Sources: Third Amended and Restated Macroshares Oil Up Holding Trust Agreement (Claymore MACROshares Oil Down Holding Trust), Third Amended and Restated Macroshares Oil Up Holding Trust Agreement (Claymore MACROshares Oil Up Holding Trust), Macroshares Oil Up Holding 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 funds are available in any Quarterly Distribution is received by the DownUp-MACRO Tradeable Trust on its Up-MACRO Holding Trust to make any Quarterly DistributionShares, any a failure by the Trustee to make pass through such Quarterly Distribution in the amount determined in accordance with the calculations required to be made pursuant to ARTICLE 4 hereofDistribution, 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 distribute the proceeds of all of the Trust Assets on the pass through such Final Scheduled Termination DateDistribution, 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-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;
(ed) the Trustee becomes ineligible or incapable of acting as Trustee hereunder;
(fe) 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;
(f) the occurrence of a Trustee Termination Event under the Down-MACRO Holding Trust Agreement, pursuant to the terms of the Down-MACRO Holding Trust Agreement; or
(g) the occurrence of a Trustee Termination Event under the Down-MACRO Tradeable Trust Agreement, pursuant to the terms of the Down-MACRO Tradeable Trust Agreement; or
(h) the occurrence of a Trustee Termination Event under the Up-MACRO Tradeable Trust Agreement, pursuant to the terms of the Up-MACRO Tradeable Trust Agreement.
Appears in 3 contracts
Sources: Trust Agreement (MACROshares Oil Up Tradeable Trust), Third Amended and Restated Macroshares Oil Up Tradeable Trust Agreement (MACROshares Oil Down Tradeable Trust), Trust Agreement (MACRO Securities Depositor, LLC)