Common use of Use of Names; Publicity Clause in Contracts

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the names [insert Trust name] in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 4 contracts

Sources: Distribution Agreement (Renaissance Capital Greenwich Funds), Distribution Agreement (Strategy Shares), Distribution Agreement (Renaissance Capital Greenwich Funds)

Use of Names; Publicity. The Trust Funds shall not use the Distributor’s name name, or any trade or service ▇▇▇▇ owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the CommissionSEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the names [insert Trust name] name of any Fund or the name of the Managing Owner, or any trade or service ▇▇▇▇ owned by or licensed to the Managing Owner or any Fund in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust Funds hereunder, in a manner not approved by the Trust Managing Owner in writing prior to such use; provided, however, provided that the Trust in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the CommissionSEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the TrustManaging Owner. Neither None of the Trust nor Managing Owner, the Funds or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 4 contracts

Sources: Distribution Services Agreement (FactorShares 2X: S&P500 Bull/Usd Bear), Distribution Services Agreement (FactorShares 2X: Gold Bull/S&p500 Bear), Distribution Services Agreement (FactorShares 2X: S&P500 Bull/TBond Bear)

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the CommissionSEC, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the names [insert Trust name] name “Tidal ETF Trust” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust as a client of Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the CommissionSEC, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 4 contracts

Sources: Etf Distribution Agreement (Tidal ETF Trust), Etf Distribution Agreement (Tidal ETF Trust), Distribution Agreement (Tidal ETF Trust)

Use of Names; Publicity. The Trust Funds shall not use the Distributor’s name name, or any trade or service ▇▇▇▇ owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunderhereunder and under any Distribution Consulting and Marketing Services Agreement among the Sponsor, the Trust and the Distibutor, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the CommissionSEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the names [insert name of the Trust name] or the Sponsor in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust Funds hereunder, in a manner not approved by the Trust Sponsor in writing prior to such use; provided, however, provided that in no case shall such approval be unreasonably withheld. The Sponsor and the Trust shall hereby consent to all uses of its name their names required by FINRA, the CommissionSEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding Sponsor and the existence of this Agreement without Trust also hereby consent to the express written consent inclusion of the Sponsor’s and/or Trust’s names on the Distributor’s website noting such parties as clients of the Distributor. Neither None of the Sponsor, the Trust nor or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 3 contracts

Sources: Distribution Services Agreement (Teucrium Commodity Trust), Distribution Services Agreement (Teucrium Commodity Trust), Distribution Services Agreement (Teucrium Commodity Trust)

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the CommissionSEC, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the names [insert Trust name] name of the Trust, a Fund, or any investment adviser to a Fund in any offering material, shareholder report, advertisement or other material materials relating to the Distributor, whether produced for marketing, regulatory compliance or other than for the purpose of merely identifying and describing the functions of the Trust hereunderpurposes, in a manner not approved by the Trust referenced party in writing prior to such use; provided, howeversuch approval not to be unreasonably withheld. The Trust, that the Trust shall consent on behalf of itself and each Fund, hereby approves of and consents to all uses of its name required by the CommissionSEC, any state securities commission, or any federal or state regulatory authorityauthority with jurisdiction over the Trust; and provided, furtherhowever, that in no case shall the Distributor notifies the Trust prior to such approval be unreasonably withhelduse to the extent permitted by applicable law. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 3 contracts

Sources: Distribution Agreement (Thrive Series Trust), Distribution Agreement (Thrive Series Trust), Distribution Agreement (Listed Funds Trust)

Use of Names; Publicity. The Trust Funds shall not use the Distributor’s name name, or any trade or service m▇▇▇ owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the CommissionSEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the names [insert name of the Trust name] or the Sponsor in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust Funds hereunder, in a manner not approved by the Trust Sponsor in writing prior to such use; provided, however, provided that in no case shall such approval be unreasonably withheld. The Sponsor and the Trust shall hereby consent to all uses of its name their names required by FINRA, the CommissionSEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding Sponsor and the existence of this Agreement without Trust also hereby consent to the express written consent inclusion of the Sponsor’s and/or Trust’s names on the Distributor’s website noting such parties as clients of the Distributor. Neither None of the Sponsor, the Trust nor or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 2 contracts

Sources: Distribution Services Agreement (WisdomTree Continuous Commodity Index Master Fund), Distribution Services Agreement (WisdomTree Coal Fund)

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the names [insert name of the Trust name] or any of the Funds or Investment Advisers in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 2 contracts

Sources: Distribution Agreement (Montage Managers Trust), Distribution Agreement (Montage Managers Trust)

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the names [insert Trust name] name “WisdomTree” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by lawlaw and to the Trust’s Investment Adviser, professional advisers and Board of Trustees.

Appears in 2 contracts

Sources: Etf Distribution Agreement (WisdomTree Trust), Etf Distribution Agreement (WisdomTree Trust)

Use of Names; Publicity. The Trust Funds shall not use the Distributor’s name 's name, or any trade or service ▇▇▇▇ owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the CommissionSEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the names [insert Trust name] name of any Fund or the name of the Managing Owner, or any trade or service ▇▇▇▇ owned by or licensed to the Managing Owner or any Fund in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust Funds hereunder, in a manner not approved by the Trust Managing Owner in writing prior to such use; provided, however, provided that the Trust in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the CommissionSEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the TrustManaging Owner. Neither None of the Trust nor Managing Owner, the Funds or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 2 contracts

Sources: Distribution Services Agreement (FactorShares 2X: Gold Bull/S&p500 Bear), Distribution Services Agreement (FactorShares 2X: S&P500 Bull/Usd Bear)

Use of Names; Publicity. The Trust Funds shall not use the Distributor’s name name, or any trade or service ▇▇▇▇ owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the CommissionSEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the names [insert name of the Trust name] or the Sponsor in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust Funds hereunder, in a manner not approved by the Trust Sponsor in writing prior to such use; provided, however, provided that in no case shall such approval be unreasonably withheld. The Sponsor and the Trust shall hereby consent to all uses of its name their names required by FINRA, the CommissionSEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding Sponsor and the existence of this Agreement without Trust also hereby consent to the express written consent inclusion of the Sponsor’s and/or Trust’s names on the Distributor’s website noting such parties as clients of the Distributor. Neither None of the Sponsor, the Trust nor or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 2 contracts

Sources: Distribution Services Agreement (Direxion Shares ETF Trust II), Distribution Services Agreement (Direxion Shares ETF Trust II)

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the CommissionSEC, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the names [insert Trust name] name “Vert Asset Management LLC” or “Vert Global Sustainable Real Estate ETF” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions Fund as a client of the Trust Distributor hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the CommissionSEC, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 2 contracts

Sources: Etf Distribution Agreement (Manager Directed Portfolios), Etf Distribution Agreement (Manager Directed Portfolios)

Use of Names; Publicity. The Trust Managing Owner and the Funds shall not use the Distributor’s name name, or any trade or service ▇▇▇▇ owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the CommissionSEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the names [insert Trust name] name of any Fund or the name of the Managing Owner, or any trade or service ▇▇▇▇ owned by or licensed to the Managing Owner or any Fund in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust Funds hereunder, in a manner not approved by the Trust Managing Owner in writing prior to such use; provided, however, provided that the Trust in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the CommissionSEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the TrustManaging Owner. Neither None of the Trust nor Managing Owner, the Funds or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 1 contract

Sources: Distribution Services Agreement (ETF Managers Group Commodity Trust I)

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the names [insert Trust name] name “Javelin” or “JETS” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall not unreasonably withhold consent to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law. Notwithstanding the foregoing, the Trust hereby consents to the placement of an announcement on Distributor’s website stating that the Trust is a new client of Distributor’s for ETF services.

Appears in 1 contract

Sources: Etf Distribution Agreement (Javelin Exchange-Traded Trust)

Use of Names; Publicity. The Trust shall not use the DistributorBank’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor Bank hereunder, in a manner not approved by the Distributor Bank in writing prior to such use; provided, such approval not to be unreasonably withheld. The Distributor hereby consents however, that Bank shall consent to all uses of its name required by the CommissionSEC, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor Bank shall not use the names [insert Trust name] “NETS” or “Northern” in any offering material, shareholder report, advertisement or other material relating to the DistributorBank, other than for the purpose of merely identifying and describing the functions of the Trust hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the CommissionSEC, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor Bank will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor Bank will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 1 contract

Sources: Agency Services Agreement (NETS Trust)

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the names [insert Trust nameETC or Exchange Traded Concepts,] in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 1 contract

Sources: Distribution Agreement (Exchange Traded Concepts Trust II)

Use of Names; Publicity. The Trust shall not use the DistributorService Provider’s name in any offering material, shareholder report, advertisement or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor Service Provider hereunder, in a manner not approved by the Distributor Service Provider in writing prior to such use, such approval not to be unreasonably withheld. The Distributor Service Provider hereby consents to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority. The Distributor Service Provider shall not use the names [insert Trust name] name “SolidX” in any offering material, shareholder report, advertisement or other material relating to the DistributorService Provider, other than for the purpose of merely identifying and describing the functions of the Trust hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall consent to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor Service Provider will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express written consent of the Trust. Neither the Trust nor the Distributor Service Provider will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 1 contract

Sources: Administrative Services Agreement (SolidX Bitcoin Trust)

Use of Names; Publicity. The Trust Managing Owner and the Funds shall not use the Distributor’s name 's name, or any trade or service ▇▇▇▇ owned by or licensed to the Distributor, in any offering material, shareholder report, advertisement or other material relating to the TrustFunds, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, such approval not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by FINRA, the CommissionSEC, the CFTC, any state securities commission, or any federal or state regulatory authority. The Distributor or its affiliates shall not use the names [insert Trust name] name of any Fund or the name of the Managing Owner, or any trade or service ▇▇▇▇ owned by or licensed to the Managing Owner or any Fund in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust Funds hereunder, in a manner not approved by the Trust Managing Owner in writing prior to such use; provided, however, provided that the Trust in no case shall such approval be unreasonably withheld. The Managing Owner and each Fund hereby consent to all uses of its name required by FINRA, the CommissionSEC, the CFTC or any state securities commission, or any federal or state regulatory authority; and provided, further, that in no case shall such approval be unreasonably withheld. The Distributor will not issue any press releases or make any public announcements regarding the existence of this Agreement without the express prior written consent of the TrustManaging Owner. Neither None of the Trust nor Managing Owner, the Funds or the Distributor will disclose any of the economic terms of this Agreement, except as may be required by law.

Appears in 1 contract

Sources: Distribution Services Agreement (ETF Managers Group Commodity Trust I)