Item 3. Legal Proceedings
Item 3. Legal Proceedings
Although the Funds may, from time to time, be involved
in litigation arising out of their operations in the normal course of business or otherwise, the Funds are currently not a party to any pending
legal proceedings.
Mr. Masucci, a principal of the Sponsor, and certain
affiliates of the Sponsor have entered into a settlement agreement with the Securities and Exchange Commission (“SEC”) regarding
certain alleged conflicts of interest arising in connection with ETFMG Alternative Harvest ETF’s (MJ) participation in the securities
lending program administered by its prior custodian. Without admitting or denying the SEC’s findings, Mr. Masucci agreed to a cease-and-desist
order, to pay a $400,000 penalty, and to an associational bar under the Investment Advisers Act of 1940, as amended, and a prohibition
under the Investment Company Act of 1940, as amended, with a right to reapply after three years. Certain affiliates of the Sponsor agreed
to censures, to a cease-and-desist order, and to pay, jointly and severally, a civil penalty of $4 million. The settlement resolves the
SEC’s investigation of Mr. Masucci and affiliates of the Sponsor.
Item 4. Mine Safety Disclosures.
Not applicable.
17
Part II
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.