−Removed: VS Trust (the “Trust”) is a Delaware
−Removed: statutory trust formed on October 24, 2019 and is currently organized into separate series (each, a “Fund” and collectively,
−Removed: the “Funds”).
−Removed: As of September 30, 2022, the following two series of the Trust have commenced investment operations:
−Removed: VIX Futures ETF (“SVIX”) and 2x Long VIX Futures ETF (“UVIX”).
−Removed: Each of the Funds listed above issues common units
−Removed: of beneficial interest (“Shares”), which represent units of fractional undivided beneficial interest in and ownership of
−Removed: only that Fund.
−Removed: The Shares of each Fund are listed on the Cboe BZX Exchange (“Cboe BZX”).
−Removed: The Trust had no operations prior to March 28,
−Removed: 2022, other than matters relating to its organization, the registration of each series under the Securities Act of 1933, as amended.
−Removed: Each Fund’s investment exposure to VIX
−Removed: futures contracts will cause each to be deemed a commodity pool, thereby subjecting each Fund to regulation under the Commodity Exchange
−Removed: Act of 1934 (“CEA”) and Commodity Futures Trading Commission (“CFTC”) rules.
−Removed: The Sponsor is registered as a Commodity
−Removed: Pool Operator (“CPO”) and the Fund will be operated in accordance with applicable CFTC rules.
−Removed: Registration as a CPO imposes
−Removed: additional compliance obligations on the Sponsor and the Funds related to additional laws, regulations and enforcement policies, which
−Removed: could increase compliance costs and may affect the operations and financial performance of the Funds.
−Removed: Volatility Shares LLC (the “Sponsor”)
−Removed: is the sponsor of the Trust and the Funds.
−Removed: The Sponsor also will serve as the Trust’s commodity pool operator.
−Removed: The Funds are commodity
−Removed: pools, as defined under the Commodity Exchange Act (the “CEA”), and the applicable regulations of the CFTC and are operated
−Removed: by the Sponsor, which is registered as a commodity pool operator with the CFTC.
−Removed: The Trust is not an investment company registered under
−Removed: the Investment Company Act of 1940.
−Removed: Volatility Shares LLC also serves as the Funds’
−Removed: sub-adviser (the “Commodity Sub-Adviser”) and provides day-to-day portfolio management services to the Funds.
−Removed: Prior to September
−Removed: 16, 2024, Penserra Capital Management, LLC (the “Commodity Sub-Adviser”) served as the Funds’ commodity sub-adviser.
−Removed: Prior to November 1, 2022, Milliman FRM served as the Funds’ commodity sub-adviser.
−Removed: SVIX seeks daily investment results, before fees
−Removed: and expenses, that correspond to the performance of the Short VIX Futures Index (the “Short Index”) for a single day, not
−Removed: for any other period.
−Removed: UVIX seeks daily investment results, before fees and expenses, that correspond to twice the performance of the
−Removed: Long VIX Futures Index (the “Long Index”).
−Removed: A “single day” is measured from the time a Fund calculates its net
−Removed: asset value (“NAV”) to the time of the Fund’s next NAV calculation.
−Removed: The NAV calculation time for a Fund typically is
+Added: Trust (the “Trust”) is a Delaware statutory trust formed on October 24, 2019 and is currently organized into separate series
+Added: (each, a “Fund” and collectively, the “Funds”).
+Added: As of September 30, 2022, the following two series of the Trust
+Added: have commenced investment operations:
+Added: -1x Short VIX Futures ETF (“SVIX”) and 2x Long VIX Futures ETF (“UVIX”).
+Added: Each of the Funds listed above issues common units of beneficial interest (“Shares”), which represent units of fractional
+Added: undivided beneficial interest in and ownership of only that Fund.
+Added: The Shares of each Fund are listed on the Cboe BZX Exchange (“Cboe
+Added: Trust had no operations prior to March 28, 2022, other than matters relating to its organization, the registration of each series under
+Added: the Securities Act of 1933, as amended.
+Added: Fund’s investment exposure to VIX futures contracts will cause each to be deemed a commodity pool, thereby subjecting each Fund
+Added: to regulation under the Commodity Exchange Act of 1934 (“CEA”) and Commodity Futures Trading Commission (“CFTC”)
+Added: The Sponsor is registered as a Commodity Pool Operator (“CPO”) and the Fund will be operated in accordance with applicable
+Added: Registration as a CPO imposes additional compliance obligations on the Sponsor and the Funds related to additional laws,
+Added: regulations and enforcement policies, which could increase compliance costs and may affect the operations and financial performance of
+Added: Shares LLC (the “Sponsor”) is the sponsor of the Trust and the Funds.
+Added: The Funds are commodity pools, as defined under the
+Added: Commodity Exchange Act (the “CEA”), and the applicable regulations of the CFTC and are operated by the Sponsor, which is
+Added: registered as a commodity pool operator with the CFTC.
+Added: The Trust is not an investment company registered under the Investment Company
+Added: From November 1, 2022 through September 16,
+Added: 2024, Penserra Capital Management, LLC served as
+Added: the Funds’ commodity sub-adviser.
+Added: Prior to November 1, 2022, Milliman FRM served as the Funds’ commodity
+Added: seeks daily investment results, before fees and expenses, that correspond to the performance of the Short VIX Futures Index (the “Short
+Added: Index”) for a single day, not for any other period.
+Added: UVIX seeks daily investment results, before fees and expenses, that correspond
+Added: to twice the performance of the Long VIX Futures Index (the “Long Index”).
+Added: A “single day” is measured from the
+Added: time a Fund calculates its net asset value (“NAV”) to the time of the Fund’s next NAV calculation.
+Added: The NAV calculation
+Added: time for a Fund typically is 4:00 p.m.
(Eastern Time).
−Removed: The Short Index measures the daily inverse (i.e., opposite) performance of a portfolio of first- and second-month
−Removed: futures contracts on the CBOE Volatility Index, commonly known as the “VIX.” The Long Index measures the performance of a
−Removed: portfolio of first- and second-month futures contracts on the VIX.
−Removed: Because the Funds’ portfolios are rebalanced daily to meet their
−Removed: leveraged (or inverse) investment objective, the Funds may not be suitable for investors who plan to hold them for periods longer than
−Removed: one day, particularly in volatile markets.
−Removed: The Funds seek to achieve their investment objective
−Removed: through the appropriate amount of exposure to the VIX futures contracts included in their respective index.
−Removed: The Funds also have the ability
−Removed: to engage in options transactions, swaps, forward contracts and other instruments in order to achieve their investment objective, in
−Removed: the manner and to the extent described herein.
−Removed: SVIX is not benchmarked to the inverse of, and
−Removed: UVIX is not benchmarked to twice, the widely referenced VIX.
−Removed: The Short Index and the inverse of the VIX are separate measurements and
−Removed: can be expected to perform very differently.
−Removed: The Long Index and twice the VIX also are separate measurements and can be expected to perform
−Removed: very differently.
−Removed: As such, SVIX can be expected to perform very differently from the inverse (-1x) of the performance of the VIX over
−Removed: any period, and UVIX can be expected to perform very differently from twice (2x) of the performance of the VIX over any period.
−Removed: continuously offer and redeem Shares in blocks of at least 10,000 Shares (each such block, a “Creation Unit”) at current
−Removed: per Share market prices.
−Removed: Only Authorized Participants (as defined herein) may purchase and redeem Shares from a Fund and then only in
−Removed: Creation Units.
−Removed: An Authorized Participant is an entity that has entered into an Authorized Participant Agreement with the Trust and Volatility
−Removed: Shares LLC (the “Sponsor”).
−Removed: Shares are offered on a continuous basis to Authorized Participants in Creation Units at NAV.
−Removed: Authorized Participants may then offer to the public, from time to time, Shares from any Creation Unit they create at a per-Share market
−Removed: The form of Authorized Participant Agreement and the related Authorized Participant Procedures Handbook set forth the terms and
−Removed: conditions under which an Authorized Participant may purchase or redeem a Creation Unit.
−Removed: Authorized Participants will not receive from
−Removed: a Fund, the Sponsor, or any of their affiliates, any fee or other compensation in connection with their sale of Shares to the public.
−Removed: An Authorized Participant may receive commissions or fees from investors who purchase Shares through their commission or fee-based brokerage
−Removed: The Sponsor maintains a website at www.volatilityshares.com,
−Removed: through which monthly account statements and the Trust’s Annual Report on Form 10- K, Quarterly Reports on Form 10-Q, Current Reports
−Removed: on Form 8-K and amendments to those reports filed or furnished pursuant to Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
−Removed: as amended (the “1934 Act”), can be accessed free of charge, as soon as reasonably practicable after such material is electronically
−Removed: file with, or furnished to, the U.S.
−Removed: Securities and Exchange Commission (the “SEC”).
−Removed: Additional information regarding the
−Removed: Trust may also be found on the SEC’s EDGAR database at www.sec.gov.
−Removed: Investment Objectives and Principal Investment Strategies
−Removed: Investment Objectives
−Removed: SVIX seeks daily investment results, before fees
−Removed: and expenses, that correspond to the performance of the Short Index for a single day.
−Removed: The Fund does not seek to achieve its stated
−Removed: objective over a period greater than a single day.
−Removed: A “single day” is measured from the time the Fund calculates its NAV
−Removed: to the time of the Fund’s next NAV calculation.
−Removed: The Index measures the daily inverse performance
−Removed: of a portfolio of first and second month VIX futures contracts.
−Removed: This theoretical portfolio is rolled each day to maintain a consistent
−Removed: time to maturity of the futures contracts.
+Added: The Short Index measures the daily inverse (i.e., opposite) performance of a portfolio
+Added: of first- and second-month futures contracts on the CBOE Volatility Index, commonly known as the “VIX.” The Long Index measures
+Added: the performance of a portfolio of first- and second-month futures contracts on the VIX.
+Added: Because the Funds’ portfolios are rebalanced
+Added: daily to meet their leveraged (or inverse) investment objective, the Funds may not be suitable for investors who plan to hold them for
+Added: periods longer than one day, particularly in volatile markets.
+Added: Funds seek to achieve their investment objective through the appropriate amount of exposure to the VIX futures contracts included in
+Added: their respective index.
+Added: The Funds also have the ability to engage in options transactions, swaps, forward contracts and other instruments
+Added: in order to achieve their investment objective, in the manner and to the extent described herein.
+Added: is not benchmarked to the inverse of, and UVIX is not benchmarked to twice, the widely referenced VIX.
+Added: The Short Index and the inverse
+Added: of the VIX are separate measurements and can be expected to perform very differently.
+Added: The Long Index and twice the VIX also are separate
+Added: measurements and can be expected to perform very differently.
+Added: As such, SVIX can be expected to perform very differently from the inverse
+Added: (-1x) of the performance of the VIX over any period, and UVIX can be expected to perform very differently from twice (2x) of the performance
+Added: of the VIX over any period.
+Added: The Funds continuously offer and redeem Shares in blocks of at least 10,000 Shares (each such block, a “Creation
+Added: Unit”) at current per Share market prices.
+Added: Only Authorized Participants (as defined herein) may purchase and redeem Shares from
+Added: a Fund and then only in Creation Units.
+Added: An Authorized Participant is an entity that has entered into an Authorized Participant Agreement
+Added: with the Trust and Volatility Shares LLC (the “Sponsor”).
+Added: Shares are offered on a continuous basis to Authorized Participants
+Added: in Creation Units at NAV.
+Added: Authorized Participants may then offer to the public, from time to time, Shares from any Creation Unit they
+Added: create at a per-Share market price.
+Added: The form of Authorized Participant Agreement and the related Authorized Participant Procedures Handbook
+Added: set forth the terms and conditions under which an Authorized Participant may purchase or redeem a Creation Unit.
+Added: Authorized Participants
+Added: will not receive from a Fund, the Sponsor, or any of their affiliates, any fee or other compensation in connection with their sale of
+Added: Shares to the public.
+Added: An Authorized Participant may receive commissions or fees from investors who purchase Shares through their commission
+Added: or fee-based brokerage accounts.
+Added: Sponsor maintains a website at www.volatilityshares.com, through which monthly account statements and the Trust’s Annual Report
+Added: on Form 10- K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and amendments to those reports filed or furnished pursuant
+Added: to Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (the “1934 Act”), can be accessed free of charge,
+Added: as soon as reasonably practicable after such material is electronically file with, or furnished to, the U.S.
+Added: Securities and Exchange
+Added: Commission (the “SEC”).
+Added: Additional information regarding the Trust may also be found on the SEC’s EDGAR database at
+Added: Objectives and Principal Investment Strategies
+Added: seeks daily investment results, before fees and expenses, that correspond to the performance of the Short Index for a single day.
+Added: Fund does not seek to achieve its stated objective over a period greater than a single day.
+Added: A “single day” is measured
+Added: from the time the Fund calculates its NAV to the time of the Fund’s next NAV calculation.
+Added: Index measures the daily inverse performance of a portfolio of first and second month VIX futures contracts.
+Added: This theoretical portfolio
+Added: is rolled each day to maintain a consistent time to maturity of the futures contracts.
The Index is calculated daily at 4:00 p.m.
−Removed: (Eastern time) and at a value calculated from the
−Removed: average price for the futures contracts between 3:45 p.m.
+Added: time) and at a value calculated from the average price for the futures contracts between 3:45 p.m.
(Eastern time) and 4:00 p.m.
−Removed: (Eastern time).
−Removed: Through this price averaging process
−Removed: — known as the Time Weighted Average Price (or TWAP).
−Removed: The Short Index inception date was November 22, 2019.
+Added: Through this price averaging process — known as the Time Weighted Average Price (or TWAP).
+Added: The Short Index inception date
+Added: was November 22, 2019.
Its ticker symbol is:
−Removed: If SVIX is successful in meeting its objective,
−Removed: its value on a given day, before fees and expenses, should gain approximately as much on a percentage basis as the level of the Short
−Removed: Conversely, its value on a given day, before fees and expenses, should lose approximately as much on a percentage basis as the
−Removed: level of the Short Index.
−Removed: Although the Fund seeks to track the performance of the Short Index each day, the Fund may not perfectly track
−Removed: the Short Index’s performance over the same period, which is known as tracking error.
−Removed: UVIX seeks daily investment results, before fees
−Removed: and expenses, that correspond to twice (2x) the performance of the Long Index for a single day.
−Removed: The Fund does not seek to achieve
−Removed: its stated objective over a period greater than a single day.
−Removed: A “single day” is measured from the time the Fund calculates
−Removed: its NAV to the time of the Fund’s next NAV calculation.
−Removed: The Long Index measures the daily performance
−Removed: of a portfolio of long positions in first and second month VIX futures contracts.
−Removed: This theoretical portfolio is rolled each day to maintain
−Removed: a consistent time to maturity of the futures contracts.
−Removed: The Index is calculated daily at 4:00 p.m.
−Removed: (Eastern time) and at a value calculated
−Removed: from the average price for the futures contracts between 3:45 p.m.
−Removed: (Eastern time) and 4:00 p.m.
+Added: SVIX is successful in meeting its objective, its value on a given day, before fees and expenses, should gain approximately as much on
+Added: a percentage basis as the level of the Short Index.
+Added: Conversely, its value on a given day, before fees and expenses, should lose approximately
+Added: as much on a percentage basis as the level of the Short Index.
+Added: Although the Fund seeks to track the performance of the Short Index each
+Added: day, the Fund may not perfectly track the Short Index’s performance over the same period, which is known as tracking error.
+Added: seeks daily investment results, before fees and expenses, that correspond to twice (2x) the performance of the Long Index for a single
+Added: The Fund does not seek to achieve its stated objective over a period greater than a single day.
+Added: A “single day”
+Added: is measured from the time the Fund calculates its NAV to the time of the Fund’s next NAV calculation.
+Added: Long Index measures the daily performance of a portfolio of long positions in first and second month VIX futures contracts.
+Added: This theoretical
+Added: portfolio is rolled each day to maintain a consistent time to maturity of the futures contracts.
+Added: The Index is calculated daily at 4:00
+Added: (Eastern time) and at a value calculated from the average price for the futures contracts between 3:45 p.m.
+Added: (Eastern time) and 4:00
(Eastern time).
−Removed: Through this price averaging
−Removed: process — known as the Time Weighted Average Price (or TWAP).
−Removed: The Long Index inception date is October 8, 2021.
−Removed: Its ticker symbol
−Removed: If the Fund is successful in meeting its objective, its value on a given day, before fees and expenses, should gain or lose
−Removed: approximately as much on a percentage basis as twice (2x) the level of the Index.
−Removed: Although the Fund seeks to track twice (2x) the performance
−Removed: of the Index each day, the Fund may not perfectly achieve its objective over the same period, which is known as tracking error.
−Removed: information, see Correlation Risk on page 10.
−Removed: The Fund is not designed to meet its investment
−Removed: objective over periods longer than one day.
−Removed: Notwithstanding, the table below shows a performance example of the how compounding impacts
−Removed: a 2x daily rebalanced investment referencing an index over periods longer than one day.
−Removed: Areas shaded lighter represent those scenarios
−Removed: where a hypothetical fund that seeks 2x daily returns of an index will return the same or outperform (i.e., return more than) 2x of the
−Removed: index performance;
−Removed: conversely, areas shaded darker represent those scenarios where the hypothetical fund will underperform (i.e., return
−Removed: less than) 2x of the index performance.
−Removed: Principal Investment Strategies
−Removed: In seeking to achieve each Fund’s investment
−Removed: objective, the Commodity Sub-Adviser uses a mathematical approach to investing.
−Removed: Using this approach, the Commodity Sub-Adviser determines
−Removed: the type, quantity and mix of investment positions that it believes, in combination, should produce daily returns consistent with each
−Removed: Fund’s objective.
−Removed: Each Fund intends to meet its investment objective
−Removed: by investing all or substantially all of its assets in positions in first and second month VIX futures contracts, though it may invest
−Removed: in any one of, or combinations of, Financial Instruments (e.g., futures contracts, options contracts and swap transactions), such that
−Removed: a Fund typically has exposure intended to approximate the Index at the time of its NAV calculation.
−Removed: Under normal market conditions, SVIX’s
−Removed: portfolio will comprise short positions, and UVIX’s portfolio will comprise long positions, on first- and second-month VIX futures
−Removed: The number and type of these contracts will naturally change day-to-day as each Fund takes a daily rolling position in such
−Removed: In the event that accountability rules, price
−Removed: limits, position limits, margin limits or other exposure limits are reached with respect to VIX futures contracts, the Sponsor may cause
−Removed: a Fund to obtain exposure to the Index through the use of options contracts or swap transactions referencing the VIX futures contracts.
−Removed: Each Fund may also invest in swaps if the market for a specific futures contract experiences emergencies ( e.g.
−Removed: , natural disaster,
−Removed: terrorist attack or an act of God) or disruptions ( e.g.
−Removed: , a trading halt or a flash crash) or in situations where the Sponsor deems
−Removed: it impractical or inadvisable to buy or sell futures contracts (such as during periods of market volatility or illiquidity).
−Removed: Each Fund also may hold cash or cash equivalents
−Removed: Treasury securities or other high credit quality, short-term fixed-income or similar securities (such as shares of money
−Removed: market funds) as collateral for Financial Instruments and pending investment in Financial Instruments.
−Removed: Neither Fund is actively managed by traditional
−Removed: methods ( e.g., by effecting changes in the composition of a portfolio on the basis of judgments relating to economic, financial
−Removed: and market conditions with a view toward obtaining positive results under all market conditions).
−Removed: Each Fund seeks to remain fully invested
−Removed: at all times in Financial Instruments and money market instruments that, in combination, provide exposure to the Index consistent with
−Removed: its investment objective without regard to market conditions, trends or direction.
−Removed: Each Fund seeks to position its portfolio so
−Removed: that its exposure to its Benchmark is consistent with its investment objective.
−Removed: The time and manner in which the Fund rebalances its
−Removed: portfolio is defined by the Index methodology but may vary from day to day depending upon market conditions and other circumstances,
−Removed: deemed at the discretion of the Commodity Sub-Adviser, beneficial at tracking the Benchmark, or beneficial to the Fund holders.
−Removed: The amount of exposure a Fund has to a specific
−Removed: combination of Financial Instruments may differ and may be changed without shareholder approval at any given time.
−Removed: Currently, SVIX seeks
−Removed: to be, under normal market conditions and absent any unforeseen circumstances, fully exposed to short positions in short-term VIX futures
−Removed: contracts, and UVIX seeks to be, under normal market conditions and absent any unforeseen circumstances, fully exposed to long positions
−Removed: in short-term VIX futures contracts.
−Removed: To the extent that any options or swap transaction entered into by a Fund are believed by the Fund
−Removed: to be “securities” under the Investment Company Act of 1940, the Fund will limit its investments in such transactions so
−Removed: that such investments, in combination, will not exceed 40 percent of the Fund’s assets (other than cash and government securities)
−Removed: and thereby avoid potentially being deemed an unregistered investment company.”
−Removed: The amount of a Fund’s exposure should
−Removed: be expected to change from time to time at the discretion of the Sponsor based on market conditions and other factors.
−Removed: In addition, the Sponsor has the power to change
−Removed: the Fund’s investment objective, Benchmark or investment strategy at any time, without shareholder approval, subject to applicable
−Removed: regulatory requirements.
−Removed: Mitigating Price Impacts to VIX Futures Contract
−Removed: Prices at Times of Fund Rebalancing
−Removed: The Sponsor will seek to minimize the market
−Removed: impact of rebalances across all exchange traded products based on VIX Futures Contracts that it sponsors (the “VIX ETPs”)
−Removed: on the price of VIX futures contracts by limiting VIX ETP participation, on any given day, in VIX futures contracts to no more than ten
−Removed: percent (10%) of the contracts traded on Cboe Futures Exchange, Inc.
−Removed: (“CFE”) during any “Rebalance Period,” defined
−Removed: as any fifteen minute period of continuous market trading.
−Removed: In the event that any VIX ETP (including each Fund) expects to hit the ten
−Removed: percent threshold during the primary Rebalance Period from 3:45 p.m.
−Removed: (Eastern time), the VIX ETPs would extend participation
−Removed: during periods of market illiquidity, the Sponsor, on any given day, may vary the manner and period over which all funds it sponsors
−Removed: are rebalanced, and as such, the manner and period over which a Fund is rebalanced.
−Removed: The Short Index
−Removed: The Short Index measures the daily inverse performance
−Removed: of a portfolio of first and second month VIX futures contracts.
−Removed: This theoretical portfolio is rolled each day to maintain a consistent
−Removed: time to maturity of the futures contracts.
−Removed: The Short Index is calculated daily at 4:00 p.m.
+Added: Through this price averaging process — known as the Time Weighted Average Price (or TWAP).
+Added: The Long Index
+Added: inception date is October 8, 2021.
+Added: Its ticker symbol is:
+Added: If the Fund is successful in meeting its objective, its value on a
+Added: given day, before fees and expenses, should gain or lose approximately as much on a percentage basis as twice (2x) the level of the Index.
+Added: Although the Fund seeks to track twice (2x) the performance of the Index each day, the Fund may not perfectly achieve its objective over
+Added: the same period, which is known as tracking error.
+Added: For more information, see Correlation Risk on page 10.
+Added: Fund is not designed to meet its investment objective over periods longer than one day.
+Added: Notwithstanding, the table below shows a performance
+Added: example of the how compounding impacts a 2x daily rebalanced investment referencing an index over periods longer than one day.
+Added: shaded lighter represent those scenarios where a hypothetical fund that seeks 2x daily returns of an index will return the same or outperform
+Added: (i.e., return more than) 2x of the index performance;
+Added: conversely, areas shaded darker represent those scenarios where the hypothetical
+Added: fund will underperform (i.e., return less than) 2x of the index performance.
+Added: Investment Strategies
+Added: seeking to achieve each Fund’s investment objective, the Sponsor uses a mathematical approach to investing.
+Added: this approach, the Sponsor determines the type, quantity and mix of investment positions that it believes, in combination,
+Added: should produce daily returns consistent with each Fund’s objective.
+Added: Fund intends to meet its investment objective by investing all or substantially all of its assets in positions in first and second month
+Added: VIX futures contracts, though it may invest in any one of, or combinations of, Financial Instruments (e.g., futures contracts, options
+Added: contracts and swap transactions), such that a Fund typically has exposure intended to approximate the Index at the time of its NAV calculation.
+Added: Under normal market conditions, SVIX’s portfolio will comprise short positions, and UVIX’s portfolio will comprise long positions,
+Added: on first- and second-month VIX futures contracts.
+Added: The number and type of these contracts will naturally change day-to-day as each Fund
+Added: takes a daily rolling position in such contracts.
+Added: the event that accountability rules, price limits, position limits, margin limits or other exposure limits are reached with respect to
+Added: VIX futures contracts, the Sponsor may cause a Fund to obtain exposure to the Index through the use of options contracts or swap transactions
+Added: referencing the VIX futures contracts.
+Added: Each Fund may also invest in swaps if the market for a specific futures contract experiences emergencies
+Added: , natural disaster, terrorist attack or an act of God) or disruptions ( e.g.
+Added: , a trading halt or a flash crash) or in
+Added: situations where the Sponsor deems it impractical or inadvisable to buy or sell futures contracts (such as during periods of market volatility
+Added: or illiquidity).
+Added: Fund also may hold cash or cash equivalents such as U.S.
+Added: Treasury securities or other high credit quality, short-term fixed-income or
+Added: similar securities (such as shares of money market funds) as collateral for Financial Instruments and pending investment in Financial
+Added: Fund is actively managed by traditional methods ( e.g., by effecting changes in the composition of a portfolio on the basis of
+Added: judgments relating to economic, financial and market conditions with a view toward obtaining positive results under all market conditions).
+Added: Each Fund seeks to remain fully invested at all times in Financial Instruments and money market instruments that, in combination, provide
+Added: exposure to the Index consistent with its investment objective without regard to market conditions, trends or direction.
+Added: Fund seeks to position its portfolio so that its exposure to its Benchmark is consistent with its investment objective.
+Added: manner in which the Fund rebalances its portfolio is defined by the Index methodology but may vary from day to day depending upon market
+Added: conditions and other circumstances, deemed at the discretion of the Sponsor, beneficial at tracking the Benchmark, or beneficial
+Added: to the Fund holders.
+Added: amount of exposure a Fund has to a specific combination of Financial Instruments may differ and may be changed without shareholder approval
+Added: at any given time.
+Added: Currently, SVIX seeks to be, under normal market conditions and absent any unforeseen circumstances, fully exposed
+Added: to short positions in short-term VIX futures contracts, and UVIX seeks to be, under normal market conditions and absent any unforeseen
+Added: circumstances, fully exposed to long positions in short-term VIX futures contracts.
+Added: To the extent that any options or swap transaction
+Added: entered into by a Fund are believed by the Fund to be “securities” under the Investment Company Act of 1940, the Fund will
+Added: limit its investments in such transactions so that such investments, in combination, will not exceed 40 percent of the Fund’s assets
+Added: (other than cash and government securities) and thereby avoid potentially being deemed an unregistered investment company.”
+Added: amount of a Fund’s exposure should be expected to change from time to time at the discretion of the Sponsor based on market conditions
+Added: and other factors.
+Added: addition, the Sponsor has the power to change the Fund’s investment objective, Benchmark or investment strategy at any time, without
+Added: shareholder approval, subject to applicable regulatory requirements.
+Added: Price Impacts to VIX Futures Contract Prices at Times of Fund Rebalancing
+Added: Sponsor will seek to minimize the market impact of rebalances across all exchange traded products based on VIX Futures Contracts that
+Added: it sponsors (the “VIX ETPs”) on the price of VIX futures contracts by limiting VIX ETP participation, on any given day, in
+Added: VIX futures contracts to no more than ten percent (10%) of the contracts traded on Cboe Futures Exchange, Inc.
+Added: (“CFE”) during
+Added: any “Rebalance Period,” defined as any fifteen minute period of continuous market trading.
+Added: In the event that any VIX ETP
+Added: (including each Fund) expects to hit the ten percent threshold during the primary Rebalance Period from 3:45 p.m.
+Added: time), the VIX ETPs would extend participation during periods of market illiquidity, the Sponsor, on any given day, may vary the manner
+Added: and period over which all funds it sponsors are rebalanced, and as such, the manner and period over which a Fund is rebalanced.
+Added: Short Index measures the daily inverse performance of a portfolio of first and second month VIX futures contracts.
+Added: This theoretical portfolio
+Added: is rolled each day to maintain a consistent time to maturity of the futures contracts.
+Added: Short Index is calculated daily at 4:00 p.m.
(Eastern time) from the average price of the VIX futures contracts between 3:45 p.m.
−Removed: and 4:00 p.m.
(Eastern time).
−Removed: The Short Index has an inception date of November
−Removed: The Long Index
−Removed: The Long Index measures the daily performance
−Removed: of long positions in a portfolio of first and second month VIX futures contracts.
−Removed: This theoretical portfolio is rolled each day to maintain
−Removed: a consistent time to maturity of the futures contracts.
−Removed: The Long Index is calculated daily at 4:00 p.m.
+Added: Short Index has an inception date of November 22, 2019.
+Added: Long Index measures the daily performance of long positions in a portfolio of first and second month VIX futures contracts.
+Added: This theoretical
+Added: portfolio is rolled each day to maintain a consistent time to maturity of the futures contracts.
+Added: Long Index is calculated daily at 4:00 p.m.
(Eastern time) from the average price of the VIX futures contracts between 3:45 p.m.
−Removed: and 4:00 p.m.
(Eastern time).
−Removed: The Long Index has an inception date of October
−Removed: VIX Futures Contracts
−Removed: Each Index is comprised of VIX futures contracts.
+Added: Long Index has an inception date of October 8, 2021.
+Added: Futures Contracts
+Added: Index is comprised of VIX futures contracts.
VIX futures contracts were first launched for trading by the CBOE in 2004.
−Removed: VIX futures contracts allow investors to invest based on their
−Removed: view of the forward implied market volatility of the S&P 500.
−Removed: Investors that believe the forward implied market volatility of the
−Removed: S&P 500 will increase may buy VIX futures contracts.
−Removed: Conversely, investors that believe that the forward implied market volatility
−Removed: of the S&P 500 will decline may sell VIX futures contracts.
−Removed: While the VIX represents a measure of the current
−Removed: expected volatility of the S&P 500 over the next 30 days, the prices of VIX futures contracts are based on the current expectation
−Removed: of the expected 30-day volatility of the S&P 500 on the expiration date of the futures contract.
−Removed: Since the VIX and VIX futures contracts
−Removed: are two distinctly different measures, the VIX and VIX futures contracts generally behave quite differently.
−Removed: An important consequence of the spot/forward
−Removed: relationship between the VIX and VIX futures contracts (and therefore between the VIX and A Fund) that investors should understand is
−Removed: that the price of a VIX futures contract can be lower, equal to or higher than the VIX, depending on whether the market expects volatility
−Removed: to be lower, equal to or higher in the 30-day forward period covered by the VIX futures contract than in the 30- day spot period covered
−Removed: Therefore the performance of VIX Futures contracts should be expected to be very different than the performance of the VIX
−Removed: as there is no direct relationship between the two measures.
−Removed: As a result, since the performance of a Fund is linked to the performance
−Removed: of the VIX futures contracts included in the Index, a Fund should be expected to perform very differently from the VIX (or -1x or 2x
−Removed: The VIX is an index designed to measure the implied
−Removed: volatility of the S&P 500 over 30 days in the future.
−Removed: The VIX is calculated based on the prices of certain put and call options on
−Removed: The VIX is reflective of the premium paid by investors for certain options linked to the level of the S&P 500.
−Removed: periods of rising investor uncertainty, including periods of market instability, the implied level of volatility of the S&P 500 typically
−Removed: increases and, consequently, the prices of options linked to the S&P 500 typically increase (assuming all other relevant factors
−Removed: remain constant or have negligible changes).
+Added: VIX futures contracts
+Added: allow investors to invest based on their view of the forward implied market volatility of the S&P 500.
+Added: Investors that believe the
+Added: forward implied market volatility of the S&P 500 will increase may buy VIX futures contracts.
+Added: Conversely, investors that believe
+Added: that the forward implied market volatility of the S&P 500 will decline may sell VIX futures contracts.
+Added: the VIX represents a measure of the current expected volatility of the S&P 500 over the next 30 days, the prices of VIX futures contracts
+Added: are based on the current expectation of the expected 30-day volatility of the S&P 500 on the expiration date of the futures contract.
+Added: Since the VIX and VIX futures contracts are two distinctly different measures, the VIX and VIX futures contracts generally behave quite
+Added: important consequence of the spot/forward relationship between the VIX and VIX futures contracts (and therefore between the VIX and A
+Added: Fund) that investors should understand is that the price of a VIX futures contract can be lower, equal to or higher than the VIX, depending
+Added: on whether the market expects volatility to be lower, equal to or higher in the 30-day forward period covered by the VIX futures contract
+Added: than in the 30- day spot period covered by the VIX.
+Added: Therefore the performance of VIX Futures contracts should be expected to be very
+Added: different than the performance of the VIX as there is no direct relationship between the two measures.
+Added: As a result, since the performance
+Added: of a Fund is linked to the performance of the VIX futures contracts included in the Index, a Fund should be expected to perform very
+Added: differently from the VIX (or -1x or 2x thereof).
+Added: VIX is an index designed to measure the implied volatility of the S&P 500 over 30 days in the future.
+Added: The VIX is calculated based
+Added: on the prices of certain put and call options on the S&P 500.
+Added: The VIX is reflective of the premium paid by investors for certain
+Added: options linked to the level of the S&P 500.
+Added: During periods of rising
+Added: investor uncertainty, including periods of market instability, the implied level of volatility of the S&P 500 typically increases
+Added: and, consequently, the prices of options linked to the S&P 500 typically increase (assuming all other relevant factors remain
+Added: constant or have negligible changes).
This, in turn, causes the level of the VIX to increase.
−Removed: periods of declining investor uncertainty, the implied level of volatility of the S&P 500 typically decreases and, consequently,
−Removed: the prices of options linked to the S&P 500 typically decrease (assuming all other relevant factors remain constant or have negligible
−Removed: This, in turn, causes the level of the VIX to decrease.
−Removed: Volatility, and the level of the VIX, can increase
−Removed: (or decrease) without warning.
−Removed: The VIX was developed by the CBOE and is calculated, maintained and published by the CBOE.
−Removed: change the methodology used to determine the VIX and has no obligation to continue to publish, and may discontinue the publication of,
+Added: During periods of declining
+Added: investor uncertainty, the implied level of volatility of the S&P 500 typically decreases and, consequently, the prices of options
+Added: linked to the S&P 500 typically decrease (assuming all other relevant factors remain constant or have negligible changes).
+Added: in turn, causes the level of the VIX to decrease.
+Added: and the level of the VIX, can increase (or decrease) without warning.
+Added: The VIX was developed by the CBOE and is calculated, maintained
+Added: and published by the CBOE.
+Added: The CBOE may change the methodology used to determine the VIX and has no obligation to continue to publish,
+Added: and may discontinue the publication of, the VIX.
The VIX is reported by Bloomberg Finance L.P.
under the ticker symbol “VIX.”
−Removed: The S&P 500 is an index that measures large-cap
+Added: S&P 500 is an index that measures large-cap U.S.
stock market performance.
−Removed: It is a float-adjusted market capitalization weighted index of 500 U.S.
−Removed: operating companies and real estate
−Removed: investment trusts selected by the S&P U.S.
−Removed: Index Committee through a non-mechanical process that factors in criteria such as liquidity,
−Removed: price, market capitalization and financial viability.
−Removed: Reconstitution occurs both on a quarterly and ongoing basis.
−Removed: S&P publishes
−Removed: The daily calculation of the current value of the S&P 500 is based on the relative value of the aggregate market
−Removed: value of the common stocks of 500 companies as of a particular time compared to the aggregate average initial market value of the common
−Removed: stocks of 500 similar companies at the time of the inception of the S&P 500.
−Removed: The 500 companies are not the 500 largest publicly traded
−Removed: companies and not all 500 companies are listed on the Exchange.
−Removed: S&P chooses companies for inclusion in the S&P 500 with the objective
−Removed: of achieving a distribution by broad industry groupings that approximates the distribution of these groupings in the common stock population
+Added: It is a float-adjusted market capitalization weighted
+Added: index of 500 U.S.
+Added: operating companies and real estate investment trusts selected by the S&P U.S.
+Added: Index Committee through a non-mechanical
+Added: process that factors in criteria such as liquidity, price, market capitalization and financial viability.
+Added: Reconstitution occurs both
+Added: on a quarterly and ongoing basis.
+Added: S&P publishes the S&P 500.
+Added: The daily calculation of the current value of the S&P 500 is
+Added: based on the relative value of the aggregate market value of the common stocks of 500 companies as of a particular time compared to the
+Added: aggregate average initial market value of the common stocks of 500 similar companies at the time of the inception of the S&P 500.
+Added: The 500 companies are not the 500 largest publicly traded companies and not all 500 companies are listed on the Exchange.
+Added: companies for inclusion in the S&P 500 with the objective of achieving a distribution by broad industry groupings that approximates
+Added: the distribution of these groupings in the common stock population of the U.S.
equity market.
−Removed: S&P may from time to time, in its sole discretion, add companies to, or delete companies from, the S&P
−Removed: 500 to achieve the objectives stated above.
−Removed: Relevant criteria employed by S&P include the viability of the particular company, the
−Removed: extent to which that company represents the industry group to which it is assigned, the extent to which the company’s common stock
−Removed: is widely held and the market value and trading activity of the common stock of that company.
−Removed: Information about the Index Provider
−Removed: EACH FUND IS NOT SPONSORED, ENDORSED, SOLD OR
−Removed: PROMOTED BY S&P AND ITS AFFILIATES OR CBOE.
−Removed: S&P AND CBOE MAKE NO REPRESENTATION, CONDITION OR WARRANTY, EXPRESS OR IMPLIED, TO
−Removed: THE OWNERS OF A FUND OR ANY MEMBER OF THE PUBLIC REGARDING THE ADVISABILITY OF INVESTING IN SECURITIES GENERALLY OR IN THE FUND PARTICULARLY
−Removed: OR THE ABILITY OF THE INDEX TO TRACK MARKET PERFORMANCE AND/OR OF GROUPS OF ASSETS OR ASSET CLASSES AND/OR TO ACHIEVE ITS STATED OBJECTIVE
−Removed: AND/OR TO FORM THE BASIS OF A SUCCESSFUL INVESTMENT STRATEGY, AS APPLICABLE.
−Removed: S&P’S AND CBOE’S ONLY RELATIONSHIP TO VS
−Removed: TRUST ON BEHALF OF ITS APPLICABLE SERIES AND VOLATILITY SHARES LLC IS THE LICENSING OF CERTAIN TRADEMARKS AND TRADE NAMES AND OF EACH
−Removed: INDEX WHICH ARE DETERMINED, COMPOSED AND CALCULATED BY S&P AND CBOE WITHOUT REGARD TO VS TRUST ON BEHALF OF ITS APPLICABLE SERIES
−Removed: AND VOLATILITY SHARES LLC OR THE FUNDS.
−Removed: S&P AND CBOE HAVE NO OBLIGATION TO TAKE THE NEEDS OF VS TRUST ON BEHALF OF ITS APPLICABLE
−Removed: SERIES AND VOLATILITY SHARES LLC OR THE OWNERS OF THE FUNDS INTO CONSIDERATION IN DETERMINING, COMPOSING OR CALCULATING THE INDEX.
−Removed: AND CBOE ARE NOT ADVISORS TO THE FUNDS AND ARE NOT RESPONSIBLE FOR AND HAVE NOT PARTICIPATED IN THE DETERMINATION OF THE PRICES AND AMOUNT
−Removed: OF THE FUNDS OR THE TIMING OF THE ISSUANCE OR SALE OF A FUND OR IN THE DETERMINATION OR CALCULATION OF THE EQUATION BY WHICH FUND SHARES
−Removed: ARE TO BE CONVERTED INTO CASH.
−Removed: S&P AND CBOE HAVE NO OBLIGATION OR LIABILITY IN CONNECTION WITH THE ADMINISTRATION, MARKETING, OR
−Removed: TRADING OF THE FUNDS.
−Removed: NEITHER S&P, ITS AFFILIATES NOR THIRD PARTY
−Removed: LICENSORS, INCLUDING CBOE, GUARANTEES THE ACCURACY AND/OR THE COMPLETENESS OF AN INDEX OR ANY DATA INCLUDED THEREIN AND S&P, ITS
−Removed: AFFILIATES AND THEIR THIRD PARTY LICENSORS, INCLUDING CBOE, SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN.
−Removed: S&P AND CBOE MAKE NO WARRANTY, CONDITION OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY VS TRUST ON BEHALF
−Removed: OF ITS APPLICABLE SERIES AND VOLATILITY SHARES LLC, SHAREHOLDERS OF THE FUNDS, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF AN INDEX
−Removed: OR ANY DATA INCLUDED THEREIN.
−Removed: S&P AND CBOE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS, AND EXPRESSLY DISCLAIM
−Removed: ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY OTHER EXPRESS OR IMPLIED WARRANTY
−Removed: OR CONDITION WITH RESPECT TO THE INDEX OR ANY DATA INCLUDED THEREIN.
−Removed: WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL S&P,
−Removed: ITS AFFILIATES OR THEIR THIRD PARTY LICENSORS, INCLUDING CBOE, HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL
−Removed: DAMAGES (INCLUDING LOST PROFITS) RESULTING FROM THE USE OF THE INDEX OR ANY DATA INCLUDED THEREIN, EVEN IF NOTIFIED OF THE POSSIBILITY
−Removed: OF SUCH DAMAGES.
−Removed: Information about Financial Instruments and Commodities Markets
−Removed: Futures Contracts
−Removed: A futures contract is a standardized contract
−Removed: traded on, or subject to the rules of, an exchange that calls for the future delivery of a specified quantity and type of a particular
−Removed: underlying asset at a specified time and place or alternatively may call for cash settlement.
−Removed: Futures contracts are traded on a wide
−Removed: variety of underlying assets, including bonds, interest rates, agricultural products, stock indexes, currencies, energy, metals, economic
−Removed: indicators and statistical measures.
−Removed: The notional size and calendar term futures contracts on a particular underlying asset are identical
−Removed: and are not subject to any negotiation, other than with respect to price and the number of contracts traded between the buyer and seller.
−Removed: A Fund generally deposits cash and/or securities with an FCM for its open positions in futures contracts, which may, in turn, transfer
−Removed: such deposits to the clearinghouse to protect the clearing house against non-payment by the Fund.
−Removed: The clearing house becomes substituted
−Removed: for each counterparty to a futures contract, and, in effect, guarantees performance.
−Removed: In addition, the FCM may require a Fund to deposit
−Removed: collateral in excess of the clearing house’s margin requirements for the FCM’s own protection.
−Removed: Certain futures contracts, including stock index
−Removed: contracts, VIX futures contracts and certain commodity futures contracts settle in cash.
−Removed: The cash settlement amount reflects the difference
−Removed: between the contract purchase/sale price and the contract settlement price.
−Removed: The cash settlement mechanism avoids the potential for either
−Removed: side to have to deliver the underlying asset.
−Removed: For other futures contracts, the contractual obligations of a buyer or seller may generally
−Removed: be satisfied by taking or making physical delivery of the underlying asset or by making an offsetting sale or purchase of an identical
−Removed: futures contract on the same or linked exchange before the designated date of delivery.
−Removed: The difference between the price at which the
−Removed: futures contract is purchased or sold and the price paid for the offsetting sale or purchase, after allowance for brokerage commissions
−Removed: and exchange fees, constitutes the profit or loss to the trader.
−Removed: Futures contracts involve, to varying degrees,
−Removed: elements of market risk and exposure to loss in excess of the amounts of variation margin, which are the amounts of cash that a Fund
−Removed: agrees to pay to or receive from FCMs equal to the daily fluctuation in the value of a futures contract.
−Removed: Additional risks associated
−Removed: with the use of futures contracts are imperfect correlation between movements in the price of the futures contracts and the level of
−Removed: the underlying benchmark and the possibility of an illiquid market for a futures contract.
−Removed: With futures contracts, there is minimal but
−Removed: some counterparty risk to a Fund since futures contracts are exchange traded and the exchange’s clearing house, as counterparty
−Removed: to all exchange-traded futures contracts, effectively guarantees futures contracts against default.
−Removed: Many futures exchanges and boards
−Removed: of trade limit the amount of fluctuation permitted in futures contract prices during a single trading day.
−Removed: Once the daily limit has been
−Removed: reached in a particular contract, no trades may be made that day at a price beyond that limit or trading may be suspended for specified
−Removed: times during the trading day.
−Removed: Futures contracts prices could move to the limit for several consecutive trading days with little or no
−Removed: trading, thereby preventing prompt liquidation of futures positions and potentially subjecting a Fund to substantial losses.
−Removed: is not possible or if a Fund determines not to close a futures position in anticipation of adverse price movements, the Fund may be required
−Removed: to make daily cash payments of variation margin.
−Removed: Futures Account Agreements
−Removed: Each Fund has entered into a written agreement
−Removed: (each, a “Futures Account Agreement”) with one or more FCMs governing the terms of futures transactions of a Fund cleared
−Removed: Each FCM has its own agreement and other documentation used for establishing customer relationships.
−Removed: As such, the terms
−Removed: of the Futures Account Agreement and other documentation that a Fund has with a particular FCM may differ in material respects from that
−Removed: with another FCM.
−Removed: Most Futures Account Agreements do not require
−Removed: the FCM to enter into new transactions or maintain existing transactions with a Fund.
−Removed: In general, each FCM is permitted to terminate
−Removed: its agreement with a Fund at any time in its sole discretion.
−Removed: In addition, an FCM generally will have the discretion to set margin requirements
−Removed: and/or position limits that would be in addition to any margin requirements and/or position limits required by applicable law, set by
−Removed: the exchange, or set by the clearing house that clears the futures contracts in which a Fund transacts.
−Removed: As a result, a Fund’s ability
−Removed: to engage in futures transactions or maintain open positions in such contracts will be dependent on the willingness of its FCMs to continue
−Removed: to accept or maintain such transactions on terms that are economically appropriate for a Fund’s investment strategy.
−Removed: When a Fund has an open futures contract position,
−Removed: it is subject to at least daily variation margin calls by an FCM that could be substantial in the event of adverse price movements.
−Removed: futures contracts may require only a small initial investment in the form of a deposit or margin, they may involve a high degree of leverage.
−Removed: A Fund with open positions is subject to maintenance or variance margin on its open positions.
−Removed: If a Fund has insufficient cash to meet
−Removed: daily variation margin requirements, it may need to sell Financial Instruments at a time when such sales are disadvantageous.
−Removed: markets are highly volatile and the use of or exposure to futures contracts may increase volatility of a Fund’s NAV.
−Removed: Margin posted by a Fund to an FCM typically will
−Removed: be held by relevant exchange’s clearing house (in the case of clearing house-required margin) or the FCM (in the case of “house”
−Removed: margin requirements of the FCM).
−Removed: In the event that market movements favorable to a Fund result in the Fund having posted more margin
−Removed: than is required, the Fund typically would have a right to return of margin from the FCM.
+Added: S&P may from time to time, in its sole
+Added: discretion, add companies to, or delete companies from, the S&P 500 to achieve the objectives stated above.
+Added: Relevant criteria employed
+Added: by S&P include the viability of the particular company, the extent to which that company represents the industry group to which it
+Added: is assigned, the extent to which the company’s common stock is widely held and the market value and trading activity of the common
+Added: stock of that company.
+Added: about the Index Provider
+Added: FUND IS NOT SPONSORED, ENDORSED, SOLD OR PROMOTED BY S&P AND ITS AFFILIATES OR CBOE.
+Added: S&P AND CBOE MAKE NO REPRESENTATION, CONDITION
+Added: OR WARRANTY, EXPRESS OR IMPLIED, TO THE OWNERS OF A FUND OR ANY MEMBER OF THE PUBLIC REGARDING THE ADVISABILITY OF INVESTING IN SECURITIES
+Added: GENERALLY OR IN THE FUND PARTICULARLY OR THE ABILITY OF THE INDEX TO TRACK MARKET PERFORMANCE AND/OR OF GROUPS OF ASSETS OR ASSET CLASSES
+Added: AND/OR TO ACHIEVE ITS STATED OBJECTIVE AND/OR TO FORM THE BASIS OF A SUCCESSFUL INVESTMENT STRATEGY, AS APPLICABLE.
+Added: CBOE’S ONLY RELATIONSHIP TO VS TRUST ON BEHALF OF ITS APPLICABLE SERIES AND VOLATILITY SHARES LLC IS THE LICENSING OF CERTAIN TRADEMARKS
+Added: AND TRADE NAMES AND OF EACH INDEX WHICH ARE DETERMINED, COMPOSED AND CALCULATED BY S&P AND CBOE WITHOUT REGARD TO VS TRUST ON BEHALF
+Added: OF ITS APPLICABLE SERIES AND VOLATILITY SHARES LLC OR THE FUNDS.
+Added: S&P AND CBOE HAVE NO OBLIGATION TO TAKE THE NEEDS OF VS TRUST ON
+Added: BEHALF OF ITS APPLICABLE SERIES AND VOLATILITY SHARES LLC OR THE OWNERS OF THE FUNDS INTO CONSIDERATION IN DETERMINING, COMPOSING OR
+Added: CALCULATING THE INDEX.
+Added: S&P AND CBOE ARE NOT ADVISORS TO THE FUNDS AND ARE NOT RESPONSIBLE FOR AND HAVE NOT PARTICIPATED IN THE DETERMINATION
+Added: OF THE PRICES AND AMOUNT OF THE FUNDS OR THE TIMING OF THE ISSUANCE OR SALE OF A FUND OR IN THE DETERMINATION OR CALCULATION OF THE EQUATION
+Added: BY WHICH FUND SHARES ARE TO BE CONVERTED INTO CASH.
+Added: S&P AND CBOE HAVE NO OBLIGATION OR LIABILITY IN CONNECTION WITH THE ADMINISTRATION,
+Added: MARKETING, OR TRADING OF THE FUNDS.
+Added: S&P, ITS AFFILIATES NOR THIRD PARTY LICENSORS, INCLUDING CBOE, GUARANTEES THE ACCURACY AND/OR THE COMPLETENESS OF AN INDEX OR ANY
+Added: DATA INCLUDED THEREIN AND S&P, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS, INCLUDING CBOE, SHALL HAVE NO LIABILITY FOR ANY ERRORS,
+Added: OMISSIONS, OR INTERRUPTIONS THEREIN.
+Added: S&P AND CBOE MAKE NO WARRANTY, CONDITION OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO RESULTS
+Added: TO BE OBTAINED BY VS TRUST ON BEHALF OF ITS APPLICABLE SERIES AND VOLATILITY SHARES LLC, SHAREHOLDERS OF THE FUNDS, OR ANY OTHER PERSON
+Added: OR ENTITY FROM THE USE OF AN INDEX OR ANY DATA INCLUDED THEREIN.
+Added: S&P AND CBOE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
+Added: OR CONDITIONS, AND EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND
+Added: ANY OTHER EXPRESS OR IMPLIED WARRANTY OR CONDITION WITH RESPECT TO THE INDEX OR ANY DATA INCLUDED THEREIN.
+Added: WITHOUT LIMITING ANY OF THE
+Added: FOREGOING, IN NO EVENT SHALL S&P, ITS AFFILIATES OR THEIR THIRD PARTY LICENSORS, INCLUDING CBOE, HAVE ANY LIABILITY FOR ANY SPECIAL,
+Added: PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) RESULTING FROM THE USE OF THE INDEX OR ANY DATA INCLUDED THEREIN,
+Added: EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
+Added: about Financial Instruments and Commodities Markets
+Added: futures contract is a standardized contract traded on, or subject to the rules of, an exchange that calls for the future delivery of
+Added: a specified quantity and type of a particular underlying asset at a specified time and place or alternatively may call for cash settlement.
+Added: Futures contracts are traded on a wide variety of underlying assets, including bonds, interest rates, agricultural products, stock indexes,
+Added: currencies, energy, metals, economic indicators and statistical measures.
+Added: The notional size and calendar term futures contracts on a
+Added: particular underlying asset are identical and are not subject to any negotiation, other than with respect to price and the number of
+Added: contracts traded between the buyer and seller.
+Added: A Fund generally deposits cash and/or securities with an FCM for its open positions in
+Added: futures contracts, which may, in turn, transfer such deposits to the clearinghouse to protect the clearing house against non-payment
+Added: The clearing house becomes substituted for each counterparty to a futures contract, and, in effect, guarantees performance.
+Added: In addition, the FCM may require a Fund to deposit collateral in excess of the clearing house’s margin requirements for the FCM’s
+Added: own protection.
+Added: futures contracts, including stock index contracts, VIX futures contracts and certain commodity futures contracts settle in cash.
+Added: cash settlement amount reflects the difference between the contract purchase/sale price and the contract settlement price.
+Added: The cash settlement
+Added: mechanism avoids the potential for either side to have to deliver the underlying asset.
+Added: For other futures contracts, the contractual
+Added: obligations of a buyer or seller may generally be satisfied by taking or making physical delivery of the underlying asset or by making
+Added: an offsetting sale or purchase of an identical futures contract on the same or linked exchange before the designated date of delivery.
+Added: The difference between the price at which the futures contract is purchased or sold and the price paid for the offsetting sale or purchase,
+Added: after allowance for brokerage commissions and exchange fees, constitutes the profit or loss to the trader.
+Added: contracts involve, to varying degrees, elements of market risk and exposure to loss in excess of the amounts of variation margin, which
+Added: are the amounts of cash that a Fund agrees to pay to or receive from FCMs equal to the daily fluctuation in the value of a futures contract.
+Added: Additional risks associated with the use of futures contracts are imperfect correlation between movements in the price of the futures
+Added: contracts and the level of the underlying benchmark and the possibility of an illiquid market for a futures contract.
+Added: With futures contracts,
+Added: there is minimal but some counterparty risk to a Fund since futures contracts are exchange traded and the exchange’s clearing house,
+Added: as counterparty to all exchange-traded futures contracts, effectively guarantees futures contracts against default.
+Added: Many futures exchanges
+Added: and boards of trade limit the amount of fluctuation permitted in futures contract prices during a single trading day.
+Added: Once the daily
+Added: limit has been reached in a particular contract, no trades may be made that day at a price beyond that limit or trading may be suspended
+Added: for specified times during the trading day.
+Added: Futures contracts prices could move to the limit for several consecutive trading days with
+Added: little or no trading, thereby preventing prompt liquidation of futures positions and potentially subjecting a Fund to substantial losses.
+Added: If trading is not possible or if a Fund determines not to close a futures position in anticipation of adverse price movements, the Fund
+Added: may be required to make daily cash payments of variation margin.
+Added: Account Agreements
+Added: Fund has entered into a written agreement (each, a “Futures Account Agreement”) with one or more FCMs governing the terms
+Added: of futures transactions of a Fund cleared by such FCM.
+Added: Each FCM has its own agreement and other documentation used for establishing customer
+Added: relationships.
+Added: As such, the terms of the Futures Account Agreement and other documentation that a Fund has with a particular FCM may
+Added: differ in material respects from that with another FCM.
+Added: Futures Account Agreements do not require the FCM to enter into new transactions or maintain existing transactions with a Fund.
+Added: each FCM is permitted to terminate its agreement with a Fund at any time in its sole discretion.
+Added: In addition, an FCM generally will have
+Added: the discretion to set margin requirements and/or position limits that would be in addition to any margin requirements and/or position
+Added: limits required by applicable law, set by the exchange, or set by the clearing house that clears the futures contracts in which a Fund
+Added: As a result, a Fund’s ability to engage in futures transactions or maintain open positions in such contracts will be
+Added: dependent on the willingness of its FCMs to continue to accept or maintain such transactions on terms that are economically appropriate
+Added: for a Fund’s investment strategy.
+Added: a Fund has an open futures contract position, it is subject to at least daily variation margin calls by an FCM that could be substantial
+Added: in the event of adverse price movements.
+Added: Because futures contracts may require only a small initial investment in the form of a deposit
+Added: or margin, they may involve a high degree of leverage.
+Added: A Fund with open positions is subject to maintenance or variance margin on its
+Added: open positions.
+Added: If a Fund has insufficient cash to meet daily variation margin requirements, it may need to sell Financial Instruments
+Added: at a time when such sales are disadvantageous.
+Added: Futures markets are highly volatile and the use of or exposure to futures contracts may
+Added: increase volatility of a Fund’s NAV.
+Added: posted by a Fund to an FCM typically will be held by relevant exchange’s clearing house (in the case of clearing house-required
+Added: margin) or the FCM (in the case of “house” margin requirements of the FCM).
+Added: In the event that market movements favorable
+Added: to a Fund result in the Fund having posted more margin than is required, the Fund typically would have a right to return of margin from
However, the timing of such return may be uncertain.
−Removed: As a result, it is possible that a Fund may face liquidity constraints including potential delays in its ability to pay redemption proceeds,
−Removed: where margin is not immediately returned by an FCM.
−Removed: In the event that a Fund fails to comply with
−Removed: its obligations under a Futures Account Agreement (including, for example, failing to deliver the margin required by an FCM on a timely
−Removed: basis), the Futures Account Agreement typically will provide the FCM with broad discretion to take remedial action against the Fund.
−Removed: Among other things, the FCM typically will have the right, upon the occurrence of such a failure by a Fund, to terminate any or all futures
−Removed: contracts in the Fund’s account with that FCM, to sell the collateral posted as margin by the Fund, to close out any open positions
−Removed: of the Fund in whole or in part, and to cancel any or all pending transactions with the Fund.
−Removed: Futures Account Agreements typically provide
−Removed: that the Fund will remain liable for paying to the relevant FCM, on demand, the amount of any deficiency in a Fund’s account with
−Removed: The Futures Account Agreement between the Fund
−Removed: and an FCM generally requires the Fund to indemnify and hold harmless the FCM, its directors, officers, employees, agents and affiliates
−Removed: (collectively, “indemnified persons”) from and against all claims, damages, losses and costs (including reasonable attorneys’
−Removed: fees) incurred by the indemnified persons, in connection with:
−Removed: (1) any failure by the Fund to perform its obligations under the Futures
−Removed: Account Agreement and the FCM’s exercise of its rights and remedies thereunder;
−Removed: (2) any failure by the Fund to comply with applicable
−Removed: (3) any action reasonably taken by the indemnified persons pursuant to the Futures Account Agreement to comply with applicable law;
−Removed: and (4) any actions taken by the FCM in reliance on instructions, notices and other communications that the FCM and its relevant personnel,
−Removed: as applicable, reasonably believes to originate from a person authorized to act on behalf of the Fund.
−Removed: To the extent that the Fund
−Removed: trades in futures contracts on U.S.
−Removed: exchanges, the assets deposited by the Fund with the FCMs (or another eligible financial institution,
−Removed: as applicable) as margin must be segregated pursuant to the regulations of the CFTC.
−Removed: Such segregated funds may be invested only in a
−Removed: limited range of instruments — principally U.S.
−Removed: government obligations to margin futures and forward contract positions.
−Removed: Each Fund currently uses each of the following
−Removed: firms as an FCM:
+Added: As a result, it is possible that a Fund may face liquidity constraints
+Added: including potential delays in its ability to pay redemption proceeds, where margin is not immediately returned by an FCM.
+Added: the event that a Fund fails to comply with its obligations under a Futures Account Agreement (including, for example, failing to deliver
+Added: the margin required by an FCM on a timely basis), the Futures Account Agreement typically will provide the FCM with broad discretion
+Added: to take remedial action against the Fund.
+Added: Among other things, the FCM typically will have the right, upon the occurrence of such a failure
+Added: by a Fund, to terminate any or all futures contracts in the Fund’s account with that FCM, to sell the collateral posted as margin
+Added: by the Fund, to close out any open positions of the Fund in whole or in part, and to cancel any or all pending transactions with the
+Added: Futures Account Agreements typically provide that the Fund will remain liable for paying to the relevant FCM, on demand, the amount
+Added: of any deficiency in a Fund’s account with that FCM.
+Added: Futures Account Agreement between the Fund and an FCM generally requires the Fund to indemnify and hold harmless the FCM, its directors,
+Added: officers, employees, agents and affiliates (collectively, “indemnified persons”) from and against all claims, damages, losses
+Added: and costs (including reasonable attorneys’ fees) incurred by the indemnified persons, in connection with:
+Added: (1) any failure by the
+Added: Fund to perform its obligations under the Futures Account Agreement and the FCM’s exercise of its rights and remedies thereunder;
+Added: (2) any failure by the Fund to comply with applicable law;
+Added: (3) any action reasonably taken by the indemnified persons pursuant to the
+Added: Futures Account Agreement to comply with applicable law;
+Added: and (4) any actions taken by the FCM in reliance on instructions, notices and
+Added: other communications that the FCM and its relevant personnel, as applicable, reasonably believes to originate from a person authorized
+Added: to act on behalf of the Fund.
+Added: the extent that the Fund trades in futures contracts on U.S.
+Added: exchanges, the assets deposited by the Fund with the FCMs (or another eligible
+Added: financial institution, as applicable) as margin must be segregated pursuant to the regulations of the CFTC.
+Added: Such segregated funds may
+Added: be invested only in a limited range of instruments — principally U.S.
+Added: government obligations to margin futures and forward contract
+Added: Fund currently uses each of the following firms as an FCM:
ADM Investor Services, Inc.,
−Removed: (“ADMIS”), Advantage Futures LLC (“Advantage”), Marex North America
−Removed: LLC (“Marex”), StoneX Financial Inc.
−Removed: — FCM, Straits Financial LLC, E D& F Man Capital Markets Inc.
−Removed: and RBC Capital
−Removed: Markets, LLC (“RBC Capital”).
+Added: Clear Street LLC, Marex North America LLC, StoneX Financial Inc.
+Added: — FCM, Straits Financial LLC, RBC Capital Markets, LLC.
The FCMs used by a Fund may change from time to time.
−Removed: The above discussion relating to an FCM
−Removed: also would apply to other firms that serve as an FCM to a Fund in the future.
−Removed: Each FCM in its capacity as a registered FCM, serves as
−Removed: a clearing broker to the Trust and a Fund and certain other funds of the Trust and as such arranges for the execution and clearing of
−Removed: a Fund’s futures transactions.
+Added: The above discussion
+Added: relating to an FCM also would apply to other firms that serve as an FCM to a Fund in the future.
+Added: Each FCM in its capacity as a registered
+Added: FCM, serves as a clearing broker to the Trust and a Fund and certain other funds of the Trust and as such arranges for the execution
+Added: and clearing of a Fund’s futures transactions.
Each FCM acts as clearing broker for many other funds and individuals.
−Removed: A variety of executing brokers
−Removed: may execute futures transactions on behalf of the Funds.
−Removed: The executing brokers will give-up all such transactions to an FCM as applicable.
−Removed: Each FCM is registered as an FCM with the CFTC, is a member of the NFA and a clearing member of the CBOT, CME, NYMEX, or another major
+Added: of executing brokers may execute futures transactions on behalf of the Funds.
+Added: The executing brokers will give-up all such transactions
+Added: to an FCM as applicable.
+Added: Each FCM is registered as an FCM with the CFTC, is a member of the NFA and a clearing member of the CBOT, CME,
+Added: NYMEX, or another major U.S.
commodity exchange.
−Removed: No FCM is affiliated with or acts as a supervisor of the Trust, the Funds, the Sponsor, the Commodity Sub-Adviser,
−Removed: the Trustee, the Administrator, Sub-Administrator, Transfer Agent, or the Custodian.
−Removed: No FCM acts as an underwriter or sponsor of the
−Removed: offering of the Shares, or has passed upon the merits of participating in this offering or has passed upon the adequacy of this Prospectus
−Removed: or on the accuracy of the information contained herein.
−Removed: No FCM provides any commodity trading advice regarding a Fund’s trading
−Removed: Investors should investors should also note that the Sponsor may select additional clearing brokers or replace any FCM as
−Removed: a Fund’s clearing broker.
−Removed: An option is a contract that gives the purchaser
−Removed: of the option, in return for the premium paid, the right to buy an underlying reference instrument, such as a specified security, currency,
−Removed: index, or other instrument, from the writer of the option (in the case of a call option), or to sell a specified reference instrument
−Removed: to the writer of the option (in the case of a put option) at a designated price during the term of the option.
−Removed: The premium paid by the
−Removed: buyer of an option will reflect, among other things, the relationship of the exercise price to the market price and the volatility of
−Removed: the underlying reference instrument, the remaining term of the option, supply, demand, interest rates and/or currency exchange rates.
−Removed: An American style put or call option may be exercised at any time during the option period while a European style put or call option
−Removed: may be exercised only upon expiration or during a fixed period prior thereto.
−Removed: Put and call options are traded on national securities
−Removed: exchanges and in the OTC market.
−Removed: Options traded on national securities exchanges are within the jurisdiction of the SEC or other appropriate
−Removed: national securities regulator, as are securities traded on such exchanges.
−Removed: As a result, many of the protections provided to traders on
−Removed: organized exchanges will be available with respect to such transactions.
−Removed: In particular, all option positions entered into on a national
−Removed: securities exchange in the United States are cleared and guaranteed by the Options Clearing Corporation, thereby reducing the risk of
−Removed: counterparty default.
−Removed: Furthermore, a liquid secondary market in options traded on a national securities exchange may be more readily
−Removed: available than in the OTC market, potentially permitting a Fund to liquidate open positions at a profit prior to exercise or expiration,
−Removed: or to limit losses in the event of adverse market movements.
−Removed: There is no assurance, however, that higher than anticipated trading activity
−Removed: or other unforeseen events might not temporarily render the capabilities of the Options Clearing Corporation inadequate, and thereby
−Removed: result in the exchange instituting special procedures which may interfere with the timely execution of a Fund’s orders to close
−Removed: out open options positions.
−Removed: Swap Agreements
−Removed: Swaps are contracts that have traditionally been
−Removed: entered into primarily by institutional investors in OTC markets for a specified period ranging from a day to many years.
−Removed: Certain types
−Removed: of swaps may be cleared, and certain types are, in fact, required to be cleared.
−Removed: The types of swaps that may be cleared are generally
−Removed: limited to only swaps where the most liquidity exists and a clearing organization is willing to clear the trade on standardized terms.
−Removed: Swaps with customized terms or those for which significant market liquidity does not exist are generally not able to be cleared.
−Removed: In a standard swap transaction, the parties agree
−Removed: to exchange the returns on, among other things, a particular predetermined security, commodity, interest rate, or index for a fixed or
−Removed: floating rate of return (the “interest rate leg,” which will also include the cost of borrowing for short swaps) in respect
−Removed: of a predetermined notional amount.
−Removed: The notional amount of the swap reflects the extent of a Fund’s total investment exposure under
−Removed: In the case of futures contracts-based indexes,
−Removed: such as those used by a Fund, the reference interest rate typically is zero, although a financing spread or fee is generally still applied.
−Removed: Transaction or commission costs are reflected in the benchmark level at which the transaction is entered into.
−Removed: The gross returns to be
−Removed: exchanged are calculated with respect to the notional amount and the benchmark returns to which the swap is linked.
−Removed: Swaps are usually
−Removed: closed out on a net basis, i.e.
−Removed: , the two payment streams are netted out in a cash settlement on the payment date specified in
−Removed: the agreement, with the parties receiving or paying, as the case may be, only the net amount of the two payments.
−Removed: Thus, while the notional
−Removed: amount reflects a Fund’s total investment exposure under the swap ( i.e.
−Removed: , the entire face amount or principal of a swap),
−Removed: the net amount is the Fund’s current obligations (or rights) under the swap.
−Removed: That is the amount to be paid or received under the
−Removed: agreement based on the relative values of the positions held by each party to the agreement on any given termination date.
−Removed: Swaps may also expose a Fund to liquidity risk.
−Removed: Although a Fund may have the ability to terminate a swap at any time, doing so may subject the Fund to certain early termination charges.
−Removed: In addition, there may not be a liquid market within which to dispose of an outstanding swap even if a permitted disposal might avoid
−Removed: an early termination charge.
−Removed: Uncleared swaps generally are not assignable except by agreement between the parties to the swap, and generally
−Removed: no party or purchaser has any obligation to permit such assignments.
−Removed: Swaps involve, to varying degrees, elements of
−Removed: market risk and exposure to loss in excess of the amount which would be reflected on a Fund’s Statement of Financial Condition.
−Removed: In addition to market risk and other risks, the use of swaps also comes with counterparty credit risk — i.e.
−Removed: , the inability
−Removed: of a counterparty to a swap to perform its obligations.
−Removed: A Fund that invests in swaps bears the risk of loss of the net amount, if any,
−Removed: expected to be received under a swap agreement in the event of the default or bankruptcy of a swap counterparty.
−Removed: A Fund enters or intends
−Removed: to enter into swaps only with major, global financial institutions.
−Removed: However, there are no limitations on the percentage of its assets
−Removed: a Fund may invest in swaps with a particular counterparty.
−Removed: A Fund that invests in swaps may use various
−Removed: techniques to minimize counterparty credit risk.
−Removed: A Fund that invests in swaps generally enters into arrangements with its counterparties
−Removed: whereby both sides exchange collateral on a mark-to-market basis.
−Removed: In addition, the Fund may post “initial margin” or “independent
−Removed: amount” to counterparties in swaps.
−Removed: Such collateral serves as protection for the counterparty in the event of a failure by the
−Removed: Fund and is in addition to any mark-to-market collateral that ( i.e.
−Removed: , the Fund may post initial margin to the counterparty even
−Removed: where the counterparty would owe money to the Fund if the swap were to be terminated).
−Removed: The amount of initial margin posted by the Fund
−Removed: may vary depending on the risk profile of the swap.
−Removed: The collateral, whether for mark-to-market or for initial margin, generally consists
−Removed: of cash and/or securities.
−Removed: Collateral posted by a Fund to a counterparty
−Removed: in connection with uncleared derivatives transactions is generally held for the benefit of the counterparty in a segregated tri-party
−Removed: account at a third-party custodian to protect the counterparty against non-payment by the Fund.
−Removed: In the event of a default by a Fund where
−Removed: the counterparty is owed money in the uncleared swap transaction, such counterparty will seek withdrawal of this collateral from the
−Removed: segregated account.
−Removed: Collateral posted by the
−Removed: counterparty to a Fund is typically held for the benefit of the Fund in a segregated tri-party account at a third-party custodian.
−Removed: the event of a default by the counterparty where the Fund is owed money in the uncleared swap transaction, the Fund will seek withdrawal
+Added: No FCM is affiliated with or acts as a supervisor of the Trust, the Funds, the Sponsor, the Trustee, the Administrator, Sub-Administrator, Transfer Agent, or the Custodian.
+Added: No FCM acts as an underwriter
+Added: or sponsor of the offering of the Shares, or has passed upon the merits of participating in this offering or has passed upon the adequacy
+Added: of this Prospectus or on the accuracy of the information contained herein.
+Added: No FCM provides any commodity trading advice regarding a Fund’s
+Added: trading activities.
+Added: Investors should investors should also note that the Sponsor may select additional clearing brokers or replace any
+Added: FCM as a Fund’s clearing broker.
+Added: option is a contract that gives the purchaser of the option, in return for the premium paid, the right to buy an underlying reference
+Added: instrument, such as a specified security, currency, index, or other instrument, from the writer of the option (in the case of a call
+Added: option), or to sell a specified reference instrument to the writer of the option (in the case of a put option) at a designated price
+Added: during the term of the option.
+Added: The premium paid by the buyer of an option will reflect, among other things, the relationship of the exercise
+Added: price to the market price and the volatility of the underlying reference instrument, the remaining term of the option, supply, demand,
+Added: interest rates and/or currency exchange rates.
+Added: An American style put or call option may be exercised at any time during the option period
+Added: while a European style put or call option may be exercised only upon expiration or during a fixed period prior thereto.
+Added: options are traded on national securities exchanges and in the OTC market.
+Added: Options traded on national securities exchanges are within
+Added: the jurisdiction of the SEC or other appropriate national securities regulator, as are securities traded on such exchanges.
+Added: many of the protections provided to traders on organized exchanges will be available with respect to such transactions.
+Added: In particular,
+Added: all option positions entered into on a national securities exchange in the United States are cleared and guaranteed by the Options Clearing
+Added: Corporation, thereby reducing the risk of counterparty default.
+Added: Furthermore, a liquid secondary market in options traded on a national
+Added: securities exchange may be more readily available than in the OTC market, potentially permitting a Fund to liquidate open positions at
+Added: a profit prior to exercise or expiration, or to limit losses in the event of adverse market movements.
+Added: There is no assurance, however,
+Added: that higher than anticipated trading activity or other unforeseen events might not temporarily render the capabilities of the Options
+Added: Clearing Corporation inadequate, and thereby result in the exchange instituting special procedures which may interfere with the timely
+Added: execution of a Fund’s orders to close out open options positions.
+Added: are contracts that have traditionally been entered into primarily by institutional investors in OTC markets for a specified period ranging
+Added: from a day to many years.
+Added: Certain types of swaps may be cleared, and certain types are, in fact, required to be cleared.
+Added: swaps that may be cleared are generally limited to only swaps where the most liquidity exists and a clearing organization is willing
+Added: to clear the trade on standardized terms.
+Added: Swaps with customized terms or those for which significant market liquidity does not exist
+Added: are generally not able to be cleared.
+Added: a standard swap transaction, the parties agree to exchange the returns on, among other things, a particular predetermined security, commodity,
+Added: interest rate, or index for a fixed or floating rate of return (the “interest rate leg,” which will also include the cost
+Added: of borrowing for short swaps) in respect of a predetermined notional amount.
+Added: The notional amount of the swap reflects the extent of a
+Added: Fund’s total investment exposure under the swap.
+Added: the case of futures contracts-based indexes, such as those used by a Fund, the reference interest rate typically is zero, although a
+Added: financing spread or fee is generally still applied.
+Added: Transaction or commission costs are reflected in the benchmark level at which the
+Added: transaction is entered into.
+Added: The gross returns to be exchanged are calculated with respect to the notional amount and the benchmark returns
+Added: to which the swap is linked.
+Added: Swaps are usually closed out on a net basis, i.e.
+Added: , the two payment streams are netted out in a cash
+Added: settlement on the payment date specified in the agreement, with the parties receiving or paying, as the case may be, only the net amount
+Added: of the two payments.
+Added: Thus, while the notional amount reflects a Fund’s total investment exposure under the swap ( i.e.
+Added: entire face amount or principal of a swap), the net amount is the Fund’s current obligations (or rights) under the swap.
+Added: the amount to be paid or received under the agreement based on the relative values of the positions held by each party to the agreement
+Added: on any given termination date.
+Added: may also expose a Fund to liquidity risk.
+Added: Although a Fund may have the ability to terminate a swap at any time, doing so may subject
+Added: the Fund to certain early termination charges.
+Added: In addition, there may not be a liquid market within which to dispose of an outstanding
+Added: swap even if a permitted disposal might avoid an early termination charge.
+Added: Uncleared swaps generally are not assignable except by agreement
+Added: between the parties to the swap, and generally no party or purchaser has any obligation to permit such assignments.
+Added: involve, to varying degrees, elements of market risk and exposure to loss in excess of the amount which would be reflected on a Fund’s
+Added: Statement of Financial Condition.
+Added: In addition to market risk and other risks, the use of swaps also comes with counterparty credit risk
+Added: , the inability of a counterparty to a swap to perform its obligations.
+Added: A Fund that invests in swaps bears the risk
+Added: of loss of the net amount, if any, expected to be received under a swap agreement in the event of the default or bankruptcy of a swap
+Added: counterparty.
+Added: A Fund enters or intends to enter into swaps only with major, global financial institutions.
+Added: However, there are no limitations
+Added: on the percentage of its assets a Fund may invest in swaps with a particular counterparty.
+Added: Fund that invests in swaps may use various techniques to minimize counterparty credit risk.
+Added: A Fund that invests in swaps generally enters
+Added: into arrangements with its counterparties whereby both sides exchange collateral on a mark-to-market basis.
+Added: In addition, the Fund may
+Added: post “initial margin” or “independent amount” to counterparties in swaps.
+Added: Such collateral serves as protection
+Added: for the counterparty in the event of a failure by the Fund and is in addition to any mark-to-market collateral that ( i.e.
+Added: Fund may post initial margin to the counterparty even where the counterparty would owe money to the Fund if the swap were to be terminated).
+Added: The amount of initial margin posted by the Fund may vary depending on the risk profile of the swap.
+Added: The collateral, whether for mark-to-market
+Added: or for initial margin, generally consists of cash and/or securities.
+Added: posted by a Fund to a counterparty in connection with uncleared derivatives transactions is generally held for the benefit of the counterparty
+Added: in a segregated tri-party account at a third-party custodian to protect the counterparty against non-payment by the Fund.
+Added: of a default by a Fund where the counterparty is owed money in the uncleared swap transaction, such counterparty will seek withdrawal
of this collateral from the segregated account.
−Removed: The Fund may incur certain costs exercising its right with respect to the collateral.
−Removed: Notwithstanding the use of collateral arrangements,
−Removed: to the extent any collateral provided to a Fund is insufficient or there are delays in accessing the collateral, a Fund will be exposed
−Removed: to counterparty risk as described above, including possible delays in recovering amounts as a result of bankruptcy proceedings.
−Removed: Money Market Instruments
−Removed: Money market instruments are short-term debt
−Removed: instruments that have a remaining maturity of 397 days or less and exhibit high quality credit profiles.
−Removed: Money market instruments may
−Removed: government securities, securities issued by governments of other developed countries and repurchase agreements.
+Added: posted by the counterparty to a Fund is typically held for the benefit of the Fund in a segregated tri-party account at a third-party
+Added: In the event of a default by the counterparty where the Fund is owed money in the uncleared swap transaction, the Fund will
+Added: seek withdrawal of this collateral from the segregated account.
+Added: The Fund may incur certain costs exercising its right with respect to
+Added: the collateral.
+Added: Notwithstanding
+Added: the use of collateral arrangements, to the extent any collateral provided to a Fund is insufficient or there are delays in accessing
+Added: the collateral, a Fund will be exposed to counterparty risk as described above, including possible delays in recovering amounts as a
+Added: result of bankruptcy proceedings.
+Added: Market Instruments
+Added: market instruments are short-term debt instruments that have a remaining maturity of 397 days or less and exhibit high quality credit
+Added: Money market instruments may include U.S.
+Added: government securities, securities issued by governments of other developed countries
+Added: and repurchase agreements.
Derivatives Exchanges
−Removed: Derivatives exchanges, including swap execution
−Removed: facilities that are required under the Dodd-Frank Act, provide centralized market facilities for trading derivatives in which multiple
−Removed: persons have the ability to execute or trade contracts by accepting bids and offers from multiple participants.
−Removed: Members of, and trades
−Removed: executed on, a particular exchange are subject to the rules of that exchange.
−Removed: Among the principal exchanges in the United States are
−Removed: the CBOE (which includes the CBOE Futures Exchange (the “CFE”)), the Chicago Mercantile Exchange (“CME”) (which
−Removed: includes, among others, the Chicago Board of Trade (“CBOT”) and the New York Mercantile Exchange (the “NYMEX”)
−Removed: and the Intercontinental Exchange (“ICE”)).
−Removed: Each derivatives exchange in the United States
−Removed: has an associated “clearing house.” Clearing houses provide services designed to transfer credit risk and ensure the integrity
−Removed: Once trades between members of an exchange have been confirmed and/or cleared, the clearing house becomes substituted for
−Removed: each buyer and each seller of contracts traded on the exchange and, in effect, becomes the other party to each trader’s open position
−Removed: in the market.
−Removed: Thereafter, each party to a trade looks only to the clearing house for performance.
−Removed: The clearing house generally establishes
−Removed: some sort of security or guarantee fund to which all clearing members of the exchange must contribute.
−Removed: This fund acts as an emergency
−Removed: buffer which is intended to enable the clearing house to meet its obligations with regard to the other side of an insolvent clearing
−Removed: member’s contracts.
−Removed: Furthermore, clearing houses require margin deposits and continuously mark positions to market to provide some
−Removed: assurance that their members will be able to fulfil their contractual obligations.
−Removed: Thus, members effecting derivatives transactions on
−Removed: an organized exchange or clearing an OTC derivatives transaction through a clearing house do not bear the risk of the insolvency of the
−Removed: party on the opposite side of the trade;
−Removed: their credit risk is limited to the respective solvencies of their commodity broker and the
−Removed: clearing house.
−Removed: The clearing house “guarantee” of performance on open positions does not run to customers.
−Removed: If a member firm
−Removed: goes bankrupt, customers could lose money.
−Removed: If a Fund decides to execute derivatives transactions
−Removed: through such derivatives exchanges — and especially if it decides to become a direct member of one or more exchanges or swap execution
−Removed: facilities — the Fund would be subject to the rules of the exchange or swap executive facility, which would bring additional risks
−Removed: and liabilities, and potential additional regulatory requirements.
−Removed: Derivatives exchanges in the United States are
−Removed: subject to regulation under the CEA, by the CFTC, the governmental agency having responsibility for regulation of derivatives exchanges
−Removed: and trading on those exchanges.
−Removed: Following the adoption of the Dodd-Frank Act, the CFTC also has authority to regulate OTC derivatives
−Removed: markets, including certain OTC foreign exchange markets.
−Removed: The CFTC has exclusive authority to designate
−Removed: exchanges for the trading of specific futures contracts and to prescribe rules and regulations of the marketing of each.
−Removed: The CFTC also
−Removed: regulates the activities of “commodity pool operators” and the CFTC has adopted regulations with respect to certain of such
−Removed: persons’ activities.
−Removed: Pursuant to its authority, the CFTC requires a commodity pool operator, such as the Sponsor, to keep accurate,
−Removed: current and orderly records with respect to each pool it operates.
−Removed: The CFTC may suspend, modify or terminate the registration of any
−Removed: registrant for failure to comply with CFTC rules or regulations.
−Removed: Suspension, restriction or termination of the Sponsor’s registration
−Removed: as a commodity pool operator would prevent it, until such time (if any) as such registration were to be reinstated, from managing, and
−Removed: might result in the termination of the Fund.
−Removed: If the Sponsor were unable to provide services and/or advice to the Fund, the Fund would
−Removed: be unable to pursue its investment objective unless and until the Sponsor’s ability to provide services and advice to the Fund
−Removed: was reinstated or a replacement for the Sponsor as commodity pool operator could be found.
−Removed: Such an event could result in termination
−Removed: The CEA requires all FCMs to meet and maintain
−Removed: specified fitness and financial requirements, segregate customer funds from proprietary funds and account separately for all customers’
−Removed: funds and positions, and to maintain specified books and records open to inspection by the staff of the CFTC.
−Removed: The CEA also gives the states certain powers
−Removed: to enforce its provisions and the regulations of the CFTC.
−Removed: Under certain circumstances, the CEA grants shareholders
−Removed: the right to institute a reparations proceeding before the CFTC against the Sponsor (as a registered commodity pool operator), an FCM,
−Removed: as well as those of their respective employees who are required to be registered under the CEA.
−Removed: Shareholders may also be able to maintain
−Removed: a private right of action for certain violations of the CEA.
−Removed: Pursuant to authority in the CEA, the NFA has
−Removed: been formed and registered with the CFTC as a registered futures association.
−Removed: At the present time, the NFA is the only self-regulatory
−Removed: organization for commodities professionals other than exchanges.
−Removed: As such, the NFA promulgates rules governing the conduct of commodity
−Removed: professionals and disciplines those professionals that do not comply with such standards.
−Removed: The CFTC has delegated to the NFA responsibility
−Removed: for the registration of commodity pool operators, FCMs, swap dealers, commodity trading advisors, introducing brokers and their respective
−Removed: associated persons and floor brokers.
−Removed: The Sponsor is a member of the NFA (each Fund itself is not required to become members of the NFA).
−Removed: As an NFA member, the Sponsor is subject to NFA standards relating to fair trade practices, financial condition, and consumer protection.
−Removed: The CEA and CFTC regulations prohibit market
−Removed: abuse and generally require that all futures exchange-based trading be conducted in compliance with rules designed to ensure the integrity
−Removed: of market prices and without any intent to manipulate prices.
−Removed: CFTC regulations and futures exchange rules also impose limits on the size
−Removed: of the positions that a person may hold or control as well as standards for aggregating certain positions.
−Removed: The rules of the CFTC and
−Removed: the futures exchanges also authorize special emergency actions to halt, suspend or limit trading overall or to restrict, halt, suspend
−Removed: or limit the trading of an individual trader or to otherwise impose special reporting or margin requirements.
−Removed: Each Fund’s investments in Financial Instruments
−Removed: will be subject to regulation under the CEA and traded pursuant to CFTC and applicable exchange regulations.
−Removed: futures exchanges (but generally not
−Removed: foreign exchanges or banks or dealers in the cases of swap agreements) limit the amount of fluctuation in some futures contract or options
−Removed: contract prices during a single day by regulations.
−Removed: These regulations specify what are referred to as “daily price fluctuation
−Removed: limits” or more commonly “daily limits.” Once the daily limit has been reached in a particular futures contract, no
−Removed: trades may be made at a price beyond that limit.
−Removed: Currently, CBOE limits daily VIX futures contracts to no more than 50,000 per entity.
−Removed: “Initial” or “original”
−Removed: margin is the minimum dollar amount that a counterparty to a cleared derivatives contract must deposit with its commodity broker in order
−Removed: to establish an open position.
−Removed: “Maintenance” or “variation” margin is the amount (generally less than initial
−Removed: margin) to which a trader’s account may decline before he must deliver additional margin so as to maintain open positions.
−Removed: deposit is like a cash performance bond.
−Removed: It helps assure the futures trader’s performance of the futures contracts he purchases
−Removed: The minimum amount of margin required in connection
−Removed: with a particular futures contract is set by the exchange on which such contract is traded and is subject to change at any time during
−Removed: the term of the contract.
−Removed: Futures contracts are customarily bought and sold on margins that represent a percentage of the aggregate purchase
−Removed: or sales price of the contract.
−Removed: Brokerage firms may require higher amounts of
−Removed: margin than exchange minimums.
+Added: exchanges, including swap execution facilities that are required under the Dodd-Frank Act, provide centralized market facilities for
+Added: trading derivatives in which multiple persons have the ability to execute or trade contracts by accepting bids and offers from multiple
+Added: participants.
+Added: Members of, and trades executed on, a particular exchange are subject to the rules of that exchange.
+Added: Among the principal
+Added: exchanges in the United States are the CBOE (which includes the CBOE Futures Exchange (the “CFE”)), the Chicago Mercantile
+Added: Exchange (“CME”) (which includes, among others, the Chicago Board of Trade (“CBOT”) and the New York Mercantile
+Added: Exchange (the “NYMEX”) and the Intercontinental Exchange (“ICE”)).
+Added: derivatives exchange in the United States has an associated “clearing house.” Clearing houses provide services designed to
+Added: transfer credit risk and ensure the integrity of trades.
+Added: Once trades between members of an exchange have been confirmed and/or cleared,
+Added: the clearing house becomes substituted for each buyer and each seller of contracts traded on the exchange and, in effect, becomes the
+Added: other party to each trader’s open position in the market.
+Added: Thereafter, each party to a trade looks only to the clearing house for
+Added: The clearing house generally establishes some sort of security or guarantee fund to which all clearing members of the exchange
+Added: must contribute.
+Added: This fund acts as an emergency buffer which is intended to enable the clearing house to meet its obligations with regard
+Added: to the other side of an insolvent clearing member’s contracts.
+Added: Furthermore, clearing houses require margin deposits and continuously
+Added: mark positions to market to provide some assurance that their members will be able to fulfil their contractual obligations.
+Added: Thus, members
+Added: effecting derivatives transactions on an organized exchange or clearing an OTC derivatives transaction through a clearing house do not
+Added: bear the risk of the insolvency of the party on the opposite side of the trade;
+Added: their credit risk is limited to the respective solvencies
+Added: of their commodity broker and the clearing house.
+Added: The clearing house “guarantee” of performance on open positions does not
+Added: run to customers.
+Added: If a member firm goes bankrupt, customers could lose money.
+Added: a Fund decides to execute derivatives transactions through such derivatives exchanges — and especially if it decides to become
+Added: a direct member of one or more exchanges or swap execution facilities — the Fund would be subject to the rules of the exchange
+Added: or swap executive facility, which would bring additional risks and liabilities, and potential additional regulatory requirements.
+Added: exchanges in the United States are subject to regulation under the CEA, by the CFTC, the governmental agency having responsibility for
+Added: regulation of derivatives exchanges and trading on those exchanges.
+Added: Following the adoption of the Dodd-Frank Act, the CFTC also has authority
+Added: to regulate OTC derivatives markets, including certain OTC foreign exchange markets.
+Added: CFTC has exclusive authority to designate exchanges for the trading of specific futures contracts and to prescribe rules and regulations
+Added: of the marketing of each.
+Added: The CFTC also regulates the activities of “commodity pool operators” and the CFTC has adopted regulations
+Added: with respect to certain of such persons’ activities.
+Added: Pursuant to its authority, the CFTC requires a commodity pool operator, such
+Added: as the Sponsor, to keep accurate, current and orderly records with respect to each pool it operates.
+Added: The CFTC may suspend, modify or
+Added: terminate the registration of any registrant for failure to comply with CFTC rules or regulations.
+Added: Suspension, restriction or termination
+Added: of the Sponsor’s registration as a commodity pool operator would prevent it, until such time (if any) as such registration were
+Added: to be reinstated, from managing, and might result in the termination of the Fund.
+Added: If the Sponsor were unable to provide services and/or
+Added: advice to the Fund, the Fund would be unable to pursue its investment objective unless and until the Sponsor’s ability to provide
+Added: services and advice to the Fund was reinstated or a replacement for the Sponsor as commodity pool operator could be found.
+Added: Such an event
+Added: could result in termination of the Fund.
+Added: CEA requires all FCMs to meet and maintain specified fitness and financial requirements, segregate customer funds from proprietary funds
+Added: and account separately for all customers’ funds and positions, and to maintain specified books and records open to inspection by
+Added: the staff of the CFTC.
+Added: CEA also gives the states certain powers to enforce its provisions and the regulations of the CFTC.
+Added: certain circumstances, the CEA grants shareholders the right to institute a reparations proceeding before the CFTC against the Sponsor
+Added: (as a registered commodity pool operator), an FCM, as well as those of their respective employees who are required to be registered under
+Added: Shareholders may also be able to maintain a private right of action for certain violations of the CEA.
+Added: to authority in the CEA, the NFA has been formed and registered with the CFTC as a registered futures association.
+Added: At the present time,
+Added: the NFA is the only self-regulatory organization for commodities professionals other than exchanges.
+Added: As such, the NFA promulgates rules
+Added: governing the conduct of commodity professionals and disciplines those professionals that do not comply with such standards.
+Added: has delegated to the NFA responsibility for the registration of commodity pool operators, FCMs, swap dealers, commodity trading advisors,
+Added: introducing brokers and their respective associated persons and floor brokers.
+Added: The Sponsor is a member of the NFA (each Fund itself is
+Added: not required to become members of the NFA).
+Added: As an NFA member, the Sponsor is subject to NFA standards relating to fair trade practices,
+Added: financial condition, and consumer protection.
+Added: CEA and CFTC regulations prohibit market abuse and generally require that all futures exchange-based trading be conducted in compliance
+Added: with rules designed to ensure the integrity of market prices and without any intent to manipulate prices.
+Added: CFTC regulations and futures
+Added: exchange rules also impose limits on the size of the positions that a person may hold or control as well as standards for aggregating
+Added: certain positions.
+Added: The rules of the CFTC and the futures exchanges also authorize special emergency actions to halt, suspend or limit
+Added: trading overall or to restrict, halt, suspend or limit the trading of an individual trader or to otherwise impose special reporting or
+Added: margin requirements.
+Added: Fund’s investments in Financial Instruments will be subject to regulation under the CEA and traded pursuant to CFTC and applicable
+Added: exchange regulations.
+Added: futures exchanges (but generally not foreign exchanges or banks or dealers in the cases of swap agreements) limit the amount of
+Added: fluctuation in some futures contract or options contract prices during a single day by regulations.
+Added: These regulations specify what are
+Added: referred to as “daily price fluctuation limits” or more commonly “daily limits.” Once the daily limit has been
+Added: reached in a particular futures contract, no trades may be made at a price beyond that limit.
+Added: Currently, CBOE limits daily VIX futures
+Added: contracts to no more than 50,000 per entity.
+Added: or “original” margin is the minimum dollar amount that a counterparty to a cleared derivatives contract must deposit with
+Added: its commodity broker in order to establish an open position.
+Added: “Maintenance” or “variation” margin is the amount
+Added: (generally less than initial margin) to which a trader’s account may decline before he must deliver additional margin so as to
+Added: maintain open positions.
+Added: A margin deposit is like a cash performance bond.
+Added: It helps assure the futures trader’s performance of
+Added: the futures contracts he purchases or sells.
+Added: minimum amount of margin required in connection with a particular futures contract is set by the exchange on which such contract is traded
+Added: and is subject to change at any time during the term of the contract.
+Added: Futures contracts are customarily bought and sold on margins that
+Added: represent a percentage of the aggregate purchase or sales price of the contract.
+Added: firms may require higher amounts of margin than exchange minimums.
These requirements may change without warning.
−Removed: Margin requirements are computed each day or
−Removed: intraday by a commodity broker and the relevant exchange.
−Removed: At the close of each trading day or intraday, each open futures contract is
−Removed: marked to market, that is, the gain or loss on the position is calculated from the prior day’s close.
−Removed: When the market value of
−Removed: a particular open futures contract position changes to a point where the margin on deposit does not satisfy maintenance margin requirements,
−Removed: a margin call is made by the commodity broker.
−Removed: If the margin call is not met within a reasonable time, the broker may close out the customer’s
−Removed: Creation and Redemption of Shares
−Removed: Each Fund creates and redeems Shares from time
−Removed: to time, but only in one or more Creation Units.
−Removed: A Creation Unit is a block of at least 10,000 Shares.
−Removed: Except when aggregated in Creation
−Removed: Units, the Shares are not redeemable securities.
−Removed: The manner by which Creation Units are purchased
−Removed: and redeemed is governed by the terms of the Authorized Participant Agreement and Authorized Participant Procedures Handbook, and all
−Removed: such procedures are at the discretion of the Sponsor.
−Removed: By placing a purchase order, an Authorized Participant agrees to deposit cash or
−Removed: Financial Instruments with the Custodian of a Fund (unless as provided otherwise by this Prospectus).
−Removed: Purchases and redemptions made
−Removed: by Authorized Participants primarily in cash rather than through in-kind delivery of Financial Instruments, if not offset by a transaction
−Removed: fee (as described below), may cause a Fund to incur certain costs, including brokerage costs or taxable capital gains or losses, that
−Removed: may decrease the Fund’s net asset value.
−Removed: If permitted by the Sponsor in its sole discretion
−Removed: with respect to a Fund, an Authorized Participant may also agree to enter into or arrange for an exchange of a futures contract for related
−Removed: position (“EFCRP”) or block trade with the Fund whereby the Authorized Participant would also transfer to the Fund a number
−Removed: and type of exchange-traded futures contracts at or near the closing settlement price for such contracts on the purchase order date.
−Removed: Similarly, the Sponsor in its sole discretion may agree with an Authorized Participant to use an EFCRP to effect an order to redeem Creation
−Removed: An EFCRP is a technique permitted by the rules
−Removed: of certain futures exchanges that, as utilized by a Fund in the Sponsor’s discretion, would allow the Fund to take a position in
−Removed: a futures contract from an Authorized Participant, or give futures contracts to an Authorized Participant, in the case of a redemption,
−Removed: rather than to enter the futures exchange markets to obtain such a position.
−Removed: An EFCRP by itself will not change either party’s
−Removed: net risk position materially.
−Removed: Because the futures position that a Fund would otherwise need to take in order to meet its investment objective
−Removed: can be obtained without unnecessarily impacting the financial or futures markets or their pricing, EFCRPs can generally be viewed as
−Removed: transactions beneficial to the Fund.
−Removed: A block trade is a technique that permits a Fund to obtain a futures position without going through
−Removed: the market auction system and can generally be viewed as a transaction beneficial to the Fund.
−Removed: Authorized Participants pay a fixed transaction
−Removed: fee of up to $500 in connection with each order to create or redeem a Creation Unit in order to compensate the Administrator, Sub-Administrator,
−Removed: the Custodian and the Transfer Agent of a Fund and its Shares, for services in processing the creation and redemption of Creation Units
−Removed: and to offset the costs of increasing or decreasing derivative positions.
−Removed: Authorized Participants also may pay a variable transaction
−Removed: fee to the Fund of up to 0.20% of the value of the Creation Unit that is purchased or redeemed unless the transaction fee is waived or
−Removed: otherwise adjusted by the Sponsor.
−Removed: The Sponsor provides such Authorized Participant with prompt notice in advance of any such waiver
−Removed: or adjustment of the transaction fee.
−Removed: The Sponsor may waive a fixed or variable transaction fee for any number of reasons, including
−Removed: to maintain similar costs structures as competitive investment vehicles.
−Removed: Authorized Participants may sell the Shares included in the
−Removed: Creation Units they purchase from a Fund to other investors.
−Removed: The form of Authorized Participant Agreement
−Removed: and the related Authorized Participant Procedures Handbook set forth the procedures for the creation and redemption of Creation Units
−Removed: and for the payment of cash or Financial Instruments required for such creations and redemptions.
−Removed: The Sponsor may delegate its duties
−Removed: and obligations under the form of Authorized Participant Agreement to the Administrator, Sub-Administrator, the Custodian and the Transfer
−Removed: Agent without consent from any shareholder or Authorized Participant.
−Removed: The form of Authorized Participant Agreement, the related procedures
−Removed: attached thereto and the Authorized Participant Procedures Handbook may be amended by the Sponsor without the consent of any shareholder
−Removed: or Authorized Participant.
−Removed: Authorized Participants who purchase Creation Units from a Fund receive no fees, commissions or other form
−Removed: of compensation or inducement of any kind from either the Sponsor or the Fund, and no such person has any obligation or responsibility
−Removed: to the Sponsor or the Fund to effect any sale or resale of Shares.
−Removed: Each Authorized Participant must be registered
−Removed: as a broker-dealer under the 1934 Act and regulated by the Financial Industry Regulatory Authority, Inc.
−Removed: (“FINRA”), or exempt
−Removed: from being, or otherwise not required to be, so regulated or registered, and must be qualified to act as a broker or dealer in the states
−Removed: or other jurisdictions where the nature of its business so requires.
−Removed: Certain Authorized Participants may be regulated under federal and
−Removed: state banking laws and regulations.
−Removed: Each Authorized Participant must have its own set of rules and procedures, internal controls and
−Removed: information barriers as it determines is appropriate in light of its own regulatory regime.
−Removed: Authorized Participants may act for their own
−Removed: accounts or as agents for broker-dealers, custodians and other securities market participants that wish to create or redeem Creation
−Removed: Persons interested in purchasing Creation Units
−Removed: should contact the Sponsor or the Administrator to obtain the contact information for the Authorized Participants.
−Removed: Shareholders who are
−Removed: not Authorized Participants are only able to redeem their Shares through an Authorized Participant.
−Removed: Pursuant to the Authorized Participant Agreement,
−Removed: the Sponsor agreed to indemnify the Authorized Participants against certain liabilities, including liabilities under the 1933 Act, and
−Removed: to contribute to the payments the Authorized Participants may be required to make in respect of those liabilities.
−Removed: The following description of the procedures for
−Removed: the creation and redemption of Creation Units is only a summary and an investor should refer to the relevant provisions of the Trust
−Removed: Agreement and the form of Authorized Participant Agreement for more detail.
−Removed: The Trust Agreement and the form of Authorized Participant
−Removed: Agreement are filed as exhibits to the Registration Statement of which this Prospectus is a part.
−Removed: Creation Procedures
−Removed: On any Business Day, an Authorized Participant
−Removed: may place an order with the Marketing Agent to create one or more Creation Units.
−Removed: Purchase orders must be placed by 2:00 p.m.
−Removed: The cut-off time may be earlier if, for example, the Exchange or other exchange material to the valuation or operation of the
−Removed: Fund closes before the cut-off time.
−Removed: If a purchase order is received prior to the applicable cut-off time, the day on which the Marketing
−Removed: Agent receives a valid purchase order is the purchase order date.
−Removed: If the purchase order is received after the applicable cut-off time,
−Removed: the purchase order date will be the next Business Day.
+Added: requirements are computed each day or intraday by a commodity broker and the relevant exchange.
+Added: At the close of each trading day or intraday,
+Added: each open futures contract is marked to market, that is, the gain or loss on the position is calculated from the prior day’s close.
+Added: When the market value of a particular open futures contract position changes to a point where the margin on deposit does not satisfy
+Added: maintenance margin requirements, a margin call is made by the commodity broker.
+Added: If the margin call is not met within a reasonable time,
+Added: the broker may close out the customer’s position.
+Added: and Redemption of Shares
+Added: Fund creates and redeems Shares from time to time, but only in one or more Creation Units.
+Added: A Creation Unit is a block of at least 10,000
+Added: Except when aggregated in Creation Units, the Shares are not redeemable securities.
+Added: manner by which Creation Units are purchased and redeemed is governed by the terms of the Authorized Participant Agreement and Authorized
+Added: Participant Procedures Handbook, and all such procedures are at the discretion of the Sponsor.
+Added: By placing a purchase order, an Authorized
+Added: Participant agrees to deposit cash or Financial Instruments with the Custodian of a Fund (unless as provided otherwise by this Prospectus).
+Added: Purchases and redemptions made by Authorized Participants primarily in cash rather than through in-kind delivery of Financial Instruments,
+Added: if not offset by a transaction fee (as described below), may cause a Fund to incur certain costs, including brokerage costs or taxable
+Added: capital gains or losses, that may decrease the Fund’s net asset value.
+Added: permitted by the Sponsor in its sole discretion with respect to a Fund, an Authorized Participant may also agree to enter into or arrange
+Added: for an exchange of a futures contract for related position (“EFCRP”) or block trade with the Fund whereby the Authorized
+Added: Participant would also transfer to the Fund a number and type of exchange-traded futures contracts at or near the closing settlement
+Added: price for such contracts on the purchase order date.
+Added: Similarly, the Sponsor in its sole discretion may agree with an Authorized Participant
+Added: to use an EFCRP to effect an order to redeem Creation Units.
+Added: EFCRP is a technique permitted by the rules of certain futures exchanges that, as utilized by a Fund in the Sponsor’s discretion,
+Added: would allow the Fund to take a position in a futures contract from an Authorized Participant, or give futures contracts to an Authorized
+Added: Participant, in the case of a redemption, rather than to enter the futures exchange markets to obtain such a position.
+Added: An EFCRP by itself
+Added: will not change either party’s net risk position materially.
+Added: Because the futures position that a Fund would otherwise need to take
+Added: in order to meet its investment objective can be obtained without unnecessarily impacting the financial or futures markets or their pricing,
+Added: EFCRPs can generally be viewed as transactions beneficial to the Fund.
+Added: A block trade is a technique that permits a Fund to obtain a futures
+Added: position without going through the market auction system and can generally be viewed as a transaction beneficial to the Fund.
+Added: Participants pay a fixed transaction fee of up to $500 in connection with each order to create or redeem a Creation Unit in order to
+Added: compensate the Administrator, Sub-Administrator, the Custodian and the Transfer Agent of a Fund and its Shares, for services in processing
+Added: the creation and redemption of Creation Units and to offset the costs of increasing or decreasing derivative positions.
+Added: Authorized Participants
+Added: also may pay a variable transaction fee to the Fund of up to 0.20% of the value of the Creation Unit that is purchased or redeemed unless
+Added: the transaction fee is waived or otherwise adjusted by the Sponsor.
+Added: The Sponsor provides such Authorized Participant with prompt notice
+Added: in advance of any such waiver or adjustment of the transaction fee.
+Added: The Sponsor may waive a fixed or variable transaction fee for any
+Added: number of reasons, including to maintain similar costs structures as competitive investment vehicles.
+Added: Authorized Participants may sell
+Added: the Shares included in the Creation Units they purchase from a Fund to other investors.
+Added: form of Authorized Participant Agreement and the related Authorized Participant Procedures Handbook set forth the procedures for the
+Added: creation and redemption of Creation Units and for the payment of cash or Financial Instruments required for such creations and redemptions.
+Added: The Sponsor may delegate its duties and obligations under the form of Authorized Participant Agreement to the Administrator, Sub-Administrator,
+Added: the Custodian and the Transfer Agent without consent from any shareholder or Authorized Participant.
+Added: The form of Authorized Participant
+Added: Agreement, the related procedures attached thereto and the Authorized Participant Procedures Handbook may be amended by the Sponsor without
+Added: the consent of any shareholder or Authorized Participant.
+Added: Authorized Participants who purchase Creation Units from a Fund receive no
+Added: fees, commissions or other form of compensation or inducement of any kind from either the Sponsor or the Fund, and no such person has
+Added: any obligation or responsibility to the Sponsor or the Fund to effect any sale or resale of Shares.
+Added: Authorized Participant must be registered as a broker-dealer under the 1934 Act and regulated by the Financial Industry Regulatory Authority,
+Added: (“FINRA”), or exempt from being, or otherwise not required to be, so regulated or registered, and must be qualified
+Added: to act as a broker or dealer in the states or other jurisdictions where the nature of its business so requires.
+Added: Certain Authorized Participants
+Added: may be regulated under federal and state banking laws and regulations.
+Added: Each Authorized Participant must have its own set of rules and
+Added: procedures, internal controls and information barriers as it determines is appropriate in light of its own regulatory regime.
+Added: Participants may act for their own accounts or as agents for broker-dealers, custodians and other securities market participants that
+Added: wish to create or redeem Creation Units.
+Added: interested in purchasing Creation Units should contact the Sponsor or the Administrator to obtain the contact information for the Authorized
+Added: Participants.
+Added: Shareholders who are not Authorized Participants are only able to redeem their Shares through an Authorized Participant.
+Added: to the Authorized Participant Agreement, the Sponsor agreed to indemnify the Authorized Participants against certain liabilities, including
+Added: liabilities under the 1933 Act, and to contribute to the payments the Authorized Participants may be required to make in respect of those
+Added: following description of the procedures for the creation and redemption of Creation Units is only a summary and an investor should refer
+Added: to the relevant provisions of the Trust Agreement and the form of Authorized Participant Agreement for more detail.
+Added: The Trust Agreement
+Added: and the form of Authorized Participant Agreement are filed as exhibits to the Registration Statement of which this Prospectus is a part.
+Added: any Business Day, an Authorized Participant may place an order with the Marketing Agent to create one or more Creation Units.
+Added: orders must be placed by 2:00 p.m.
+Added: (Eastern time).
+Added: The cut-off time may be earlier if, for example, the Exchange or other exchange material
+Added: to the valuation or operation of the Fund closes before the cut-off time.
+Added: If a purchase order is received prior to the applicable cut-off
+Added: time, the day on which the Marketing Agent receives a valid purchase order is the purchase order date.
+Added: If the purchase order is received
+Added: after the applicable cut-off time, the purchase order date will be the next Business Day.
Purchase orders are irrevocable.
−Removed: By placing a purchase order, and prior to delivery
−Removed: of such Creation Units, an Authorized Participant’s DTC account will be charged the non-refundable transaction fee due for the
−Removed: purchase order.
−Removed: Determination of Required Payment
−Removed: The total payment required to create each Creation
−Removed: Unit is the value of the Creation Unit on the purchase order date plus the applicable transaction fees.
−Removed: Delivery of Cash
−Removed: Cash required for settlement will typically be
−Removed: transferred to the Custodian through:
−Removed: (1) the Continuous Net Settlement (the “CNS”) clearing process of NSCC, as such processes
−Removed: have been enhanced to effect creations and redemptions of Creation Units;
−Removed: or (2) the facilities of DTC on a Delivery Versus Payment (“DVP”)
−Removed: basis, which is the procedure in which the buyer’s payment for securities is due at the time of delivery.
−Removed: Security delivery and
−Removed: payment are simultaneous.
−Removed: If the Custodian does not receive the cash by the market close on the first Business Day following the purchase
−Removed: order date (“T+1”), such order may be charged interest for delayed settlement or cancelled.
−Removed: The Sponsor reserves the right
−Removed: to extend the deadline for the Custodian to receive the cash required for settlement up to the second Business Day following the purchase
−Removed: order date (“T+2”).
−Removed: In the event a purchase order is cancelled, the Authorized Participant will be responsible for reimbursing
−Removed: a Fund for all costs associated with cancelling the order including costs for repositioning the portfolio.
−Removed: At its sole discretion, the
−Removed: Sponsor may agree to a delivery date other than T+2.
−Removed: Additional fees may apply for special settlement.
−Removed: The Creation Unit will be delivered
−Removed: to the Authorized Participant upon the Custodian’s receipt of the purchase amount.
−Removed: Delivery of Exchange of Futures Contract for Related Position (“EFCRP”)
−Removed: Futures Contracts or Block Trades
−Removed: In the event that the Sponsor shall have determined
−Removed: to permit the Authorized Participant to transfer futures contracts pursuant to an EFCRP or to engage in a block trade purchase of futures
−Removed: contracts from the Authorized Participant with respect to a Fund, as well as to deliver cash, in the creation process, futures contracts
−Removed: required for settlement must be transferred directly to the Fund’s account at its FCM.
−Removed: If the cash is not received by the market
−Removed: close on the second Business Day following the purchase order date (T+2);
−Removed: such order may be charged interest for delayed settlements
−Removed: or cancelled.
−Removed: In the event a purchase order is cancelled, the Authorized Participant will be responsible for reimbursing a Fund for all
−Removed: costs associated with cancelling the order including costs for repositioning the portfolio.
−Removed: At its sole discretion, the Sponsor may agree
−Removed: to a delivery date other than T+2.
−Removed: The Creation Unit will be delivered to the Authorized Participant upon the Custodian’s receipt
−Removed: of the cash purchase amount and the futures contracts.
−Removed: Suspension or Rejection of Purchase Orders
−Removed: The Sponsor may, in its discretion, suspend the
−Removed: right to purchase, or postpone the purchase settlement date:
−Removed: (1) for any period during which any of the Exchange, CBOE, CFE, CME (including
−Removed: CBOT and NYMEX) or ICE or other exchange material to the valuation or operation of a Fund is closed or when trading is suspended or restricted
−Removed: on such exchanges in any of the underlying VIX futures contracts;
−Removed: (2) for any period during which an emergency exists as a result of
−Removed: which the fulfilment of a purchase order is not reasonably practicable;
−Removed: or (3) for such other period as the Sponsor determines to be
−Removed: necessary for the protection of the shareholders.
−Removed: The Sponsor will not be liable to any person or in any way for any loss or damages
−Removed: that may result from any such suspension or postponement.
−Removed: The Sponsor also may reject a purchase order
−Removed: determines that the purchase order is not in proper form;
−Removed: Sponsor believes that the purchase order would have adverse tax consequences to the Fund or its shareholders;
−Removed: order would be illegal;
−Removed: ● Circumstances
−Removed: outside the control of the Sponsor make it, for all practical purposes, not feasible to process creations of Creation Units.
−Removed: None of the Sponsor, the Administrator, Sub-Administrator
−Removed: or the Custodian will be liable for the suspension or rejection of any purchase order.
−Removed: Redemption Procedures
−Removed: The procedures by which an Authorized Participant
−Removed: can redeem one or more Creation Units mirror the procedures for the creation of Creation Units.
−Removed: On any Business Day, an Authorized Participant
−Removed: may place an order with the Marketing Agent to redeem one or more Creation Units.
+Added: a purchase order, and prior to delivery of such Creation Units, an Authorized Participant’s DTC account will be charged the non-refundable
+Added: transaction fee due for the purchase order.
+Added: Determination
+Added: of Required Payment
+Added: total payment required to create each Creation Unit is the value of the Creation Unit on the purchase order date plus the applicable
+Added: transaction fees.
+Added: required for settlement will typically be transferred to the Custodian through:
+Added: (1) the Continuous Net Settlement (the “CNS”)
+Added: clearing process of NSCC, as such processes have been enhanced to effect creations and redemptions of Creation Units;
+Added: or (2) the facilities
+Added: of DTC on a Delivery Versus Payment (“DVP”) basis, which is the procedure in which the buyer’s payment for securities
+Added: is due at the time of delivery.
+Added: Security delivery and payment are simultaneous.
+Added: If the Custodian does not receive the cash by the market
+Added: close on the first Business Day following the purchase order date (“T+1”), such order may be charged interest for delayed
+Added: settlement or cancelled.
+Added: The Sponsor reserves the right to extend the deadline for the Custodian to receive the cash required for settlement
+Added: up to the second Business Day following the purchase order date (“T+2”).
+Added: In the event a purchase order is cancelled, the
+Added: Authorized Participant will be responsible for reimbursing a Fund for all costs associated with cancelling the order including costs
+Added: for repositioning the portfolio.
+Added: At its sole discretion, the Sponsor may agree to a delivery date other than T+2.
+Added: Additional fees may
+Added: apply for special settlement.
+Added: The Creation Unit will be delivered to the Authorized Participant upon the Custodian’s receipt of
+Added: the purchase amount.
+Added: of Exchange of Futures Contract for Related Position (“EFCRP”) Futures Contracts or Block Trades
+Added: the event that the Sponsor shall have determined to permit the Authorized Participant to transfer futures contracts pursuant to an EFCRP
+Added: or to engage in a block trade purchase of futures contracts from the Authorized Participant with respect to a Fund, as well as to deliver
+Added: cash, in the creation process, futures contracts required for settlement must be transferred directly to the Fund’s account at
+Added: If the cash is not received by the market close on the second Business Day following the purchase order date (T+2);
+Added: may be charged interest for delayed settlements or cancelled.
+Added: In the event a purchase order is cancelled, the Authorized Participant
+Added: will be responsible for reimbursing a Fund for all costs associated with cancelling the order including costs for repositioning the portfolio.
+Added: At its sole discretion, the Sponsor may agree to a delivery date other than T+2.
+Added: The Creation Unit will be delivered to the Authorized
+Added: Participant upon the Custodian’s receipt of the cash purchase amount and the futures contracts.
+Added: or Rejection of Purchase Orders
+Added: Sponsor may, in its discretion, suspend the right to purchase, or postpone the purchase settlement date:
+Added: (1) for any period during which
+Added: any of the Exchange, CBOE, CFE, CME (including CBOT and NYMEX) or ICE or other exchange material to the valuation or operation of a Fund
+Added: is closed or when trading is suspended or restricted on such exchanges in any of the underlying VIX futures contracts;
+Added: (2) for any period
+Added: during which an emergency exists as a result of which the fulfilment of a purchase order is not reasonably practicable;
+Added: or (3) for such
+Added: other period as the Sponsor determines to be necessary for the protection of the shareholders.
+Added: The Sponsor will not be liable to any
+Added: person or in any way for any loss or damages that may result from any such suspension or postponement.
+Added: Sponsor also may reject a purchase order if:
+Added: It determines that the purchase order is not in proper
+Added: The Sponsor believes that the purchase order would
+Added: have adverse tax consequences to the Fund or its shareholders;
+Added: The order would be illegal;
+Added: Circumstances outside the control of the Sponsor make
+Added: it, for all practical purposes, not feasible to process creations of Creation Units.
+Added: of the Sponsor, the Administrator, Sub-Administrator or the Custodian will be liable for the suspension or rejection of any purchase
+Added: procedures by which an Authorized Participant can redeem one or more Creation Units mirror the procedures for the creation of Creation
+Added: On any Business Day, an Authorized Participant may place an order with the Marketing Agent to redeem one or more Creation Units.
Redemption orders must be received prior to 2:00 p.m.
−Removed: (Eastern time), or earlier if, for example, the Exchange or other exchange material to the valuation or operation of a Fund closes before
−Removed: the cut-off time.
−Removed: If a redemption order is received prior to the applicable cut-off time, the day on which the Marketing Agent receives
−Removed: a valid redemption order is the redemption order date.
−Removed: If the redemption order is received after the applicable cut-off time, the redemption
−Removed: order date will be the next day.
+Added: (Eastern time), or earlier if, for example, the Exchange or other exchange material
+Added: to the valuation or operation of a Fund closes before the cut-off time.
+Added: If a redemption order is received prior to the applicable cut-off
+Added: time, the day on which the Marketing Agent receives a valid redemption order is the redemption order date.
+Added: If the redemption order is
+Added: received after the applicable cut-off time, the redemption order date will be the next day.
Redemption orders are irrevocable.
−Removed: Individual shareholders may not redeem directly from the Fund.
−Removed: By placing a redemption order, an Authorized
−Removed: Participant agrees to deliver the Creation Units to be redeemed through DTC’s book-entry system to the applicable Fund not later
−Removed: than noon (Eastern Time), on the first Business Day immediately following the redemption order date (T+1).
−Removed: The Sponsor reserves the right
−Removed: to extend the deadline for a Fund to receive the Creation Units required for settlement up to the second Business Day following the redemption
−Removed: order date (T+2).
−Removed: By placing a redemption order, and prior to receipt of the redemption proceeds, an Authorized Participant must wire
−Removed: to the Custodian the non-refundable transaction fee due for the redemption order or any proceeds due will be reduced by the amount of
−Removed: the fee payable.
−Removed: At its sole discretion, the Sponsor may agree to a delivery date other than T+2.
−Removed: Additional fees may apply for special
+Added: shareholders may not redeem directly from the Fund.
+Added: By placing a redemption order, an Authorized Participant
+Added: agrees to deliver the Creation Units to be redeemed through DTC’s book-entry system to the applicable Fund not later than noon (Eastern
+Added: Time), on the first Business Day immediately following the redemption order date (T+1).
+Added: The Sponsor reserves the right to extend the deadline
+Added: for a Fund to receive the Creation Units required for settlement up to the second Business Day following the redemption order date (T+2).
+Added: By placing a redemption order, and prior to receipt of the redemption proceeds, an Authorized Participant must wire to the Custodian the
+Added: non-refundable transaction fee due for the redemption order or any proceeds due will be reduced by the amount of the fee payable.
+Added: sole discretion, the Sponsor may agree to a delivery date other than T+2.
+Added: Additional fees may apply for special settlement.
Upon request of an Authorized Participant made
3 unchanged sentences
The redemption proceeds from a Fund consist of
−Removed: the cash redemption amount and, if permitted by the Sponsor in its sole discretion with respect to the Fund, an EFCRP or block trade
−Removed: with the Fund as described in “— Creation and Redemption of Shares” above.
−Removed: The cash redemption amount is equal
−Removed: to the NAV of the number of Creation Unit(s) of a Fund requested in the Authorized Participant’s redemption order as of the time
−Removed: of the calculation of the Fund’s NAV on the redemption order date, less transaction fees and any amounts attributable to any applicable
+Added: the cash redemption amount and, if permitted by the Sponsor in its sole discretion with respect to the Fund, an EFCRP or block trade with
+Added: the Fund as described in “— Creation and Redemption of Shares” above.
+Added: The cash redemption amount is equal to
+Added: the NAV of the number of Creation Unit(s) of a Fund requested in the Authorized Participant’s redemption order as of the time of
+Added: the calculation of the Fund’s NAV on the redemption order date, less transaction fees and any amounts attributable to any applicable
EFCRP or block trade.
1 unchanged sentence
The redemption proceeds due from a Fund are delivered
−Removed: to the Authorized Participant at noon (Eastern Time), on the second Business Day immediately following the redemption order date if,
−Removed: by such time on such Business Day immediately following the redemption order date, the Fund’s DTC account has been credited with
−Removed: the Creation Units to be redeemed.
+Added: to the Authorized Participant at noon (Eastern Time), on the second Business Day immediately following the redemption order date if, by
+Added: such time on such Business Day immediately following the redemption order date, the Fund’s DTC account has been credited with the
+Added: Creation Units to be redeemed.
A Fund should be credited through:
−Removed: (1) the CNS clearing process of NSCC, as such processes have been
−Removed: enhanced to effect creations and redemptions of Creation Units;
+Added: (1) the CNS clearing process of NSCC, as such processes have been enhanced
+Added: to effect creations and redemptions of Creation Units;
or (2) the facilities of DTC on a DVP basis.
−Removed: If a Fund’s DTC account
−Removed: has not been credited with all of the Creation Units to be redeemed by such time, the redemption distribution is delivered to the extent
−Removed: whole Creation Units are received.
−Removed: Any remainder of the redemption distribution is delivered on the next Business Day to the extent any
−Removed: remaining whole Creation Units are received if:
−Removed: Sponsor receives the fee applicable to the extension of the redemption distribution date which the Sponsor may, from time to time, determine,
−Removed: remaining Creation Units to be redeemed are credited to a Fund’s DTC account by noon (Eastern Time), on such next Business Day.
+Added: If a Fund’s DTC account has
+Added: not been credited with all of the Creation Units to be redeemed by such time, the redemption distribution is delivered to the extent whole
+Added: Creation Units are received.
+Added: Any remainder of the redemption distribution is delivered on the next Business Day to the extent any remaining
+Added: whole Creation Units are received if:
+Added: the Sponsor receives the fee applicable to the extension of the redemption distribution date which the Sponsor may, from time to time, determine, and
+Added: the remaining Creation Units to be redeemed are credited to a Fund’s DTC account by noon (Eastern Time), on such next Business Day.
Any further outstanding amount of the redemption order may be cancelled.
−Removed: The Authorized Participant will be responsible for reimbursing
−Removed: a Fund for all costs associated with cancelling the order including costs for repositioning the portfolio.
+Added: The Authorized Participant will be responsible for reimbursing a Fund for all costs associated with cancelling the order including costs for repositioning the portfolio.
The Sponsor is also authorized to deliver the
2 unchanged sentences
its obligation to deliver the Creation Units through DTC’s book-entry system on such terms as the Sponsor may determine from time
−Removed: In the event that the Authorized Participant
−Removed: shall have requested, and the Sponsor shall have determined to permit the Authorized Participant to receive futures contracts pursuant
−Removed: to an EFCRP, as well as the cash redemption proceeds, in the redemption process, futures contracts required for settlement shall be transferred
+Added: In the event that the Authorized Participant shall
+Added: have requested, and the Sponsor shall have determined to permit the Authorized Participant to receive futures contracts pursuant to an
+Added: EFCRP, as well as the cash redemption proceeds, in the redemption process, futures contracts required for settlement shall be transferred
directly from a Fund’s account at its FCM to the account of the Authorized Participant at its FCM.
1 unchanged sentence
The Sponsor may, in its discretion, suspend the
−Removed: right of redemption, or postpone the redemption settlement date, (1) for any period during which any of the Exchange, CBOE, CFE, CME
−Removed: (including CBOT and NYMEX) or ICE or other exchange material to the valuation or operation of a Fund is closed or when trading is suspended
−Removed: or restricted on such exchanges in any of the underlying VIX futures contracts;
−Removed: (2) for any period during which an emergency exists as
−Removed: a result of which the redemption distribution is not reasonably practicable;
−Removed: or (3) for such other period as the Sponsor determines to
−Removed: be necessary for the protection of the shareholders.
−Removed: The Sponsor will not be liable to any person or in any way for any loss or damages
−Removed: that may result from any such suspension or postponement.
+Added: right of redemption, or postpone the redemption settlement date, (1) for any period during which any of the Exchange, CBOE, CFE, CME (including
+Added: CBOT and NYMEX) or ICE or other exchange material to the valuation or operation of a Fund is closed or when trading is suspended or restricted
+Added: on such exchanges in any of the underlying VIX futures contracts;
+Added: (2) for any period during which an emergency exists as a result of which
+Added: the redemption distribution is not reasonably practicable;
+Added: or (3) for such other period as the Sponsor determines to be necessary for
+Added: the protection of the shareholders.
+Added: The Sponsor will not be liable to any person or in any way for any loss or damages that may result
+Added: from any such suspension or postponement.
The Sponsor will reject a redemption order if
−Removed: the order is not in proper form as described in the form of Authorized Participant Agreement or if the fulfilment of the order might
+Added: the order is not in proper form as described in the form of Authorized Participant Agreement or if the fulfilment of the order might be
Creation and Redemption Transaction Fee
3 unchanged sentences
Creation Units and may pay a variable transaction fee to a Fund of up to 0.20% of the value of a Creation Unit.
−Removed: An order may include
−Removed: multiple Creation Units.
+Added: An order may include multiple
+Added: Creation Units.
The transaction fee(s) may be reduced, increased or otherwise changed by the Sponsor at its sole discretion.
8 unchanged sentences
In particular, the NAV includes any unrealized
−Removed: profit or loss on open futures contracts (and Financial Instruments, if any), and any other credit or debit accruing to the Fund but
−Removed: unpaid or not received by the Fund.
+Added: profit or loss on open futures contracts (and Financial Instruments, if any), and any other credit or debit accruing to the Fund but unpaid
+Added: or not received by the Fund.
The NAV per Share of a Fund is computed by dividing the value of the net assets of the Fund ( i.e.
the value of its total assets less total liabilities) by its total number of Shares outstanding.
−Removed: Expenses and fees are accrued daily
−Removed: and taken into account for purposes of determining the NAV.
−Removed: Each Fund’s NAV is calculated on each day other than a day when the
−Removed: Exchange is closed for regular trading.
+Added: Expenses and fees are accrued daily and
+Added: taken into account for purposes of determining the NAV.
+Added: Each Fund’s NAV is calculated on each day other than a day when the Exchange
+Added: is closed for regular trading.
Each Fund computes its NAV only once each Business Day as of 4:00 p.m.
−Removed: (Eastern Time) (the
−Removed: “NAV Calculation Time”) , or an earlier time as set forth on www.volatilityshares.com.
−Removed: For example, a Fund may
−Removed: calculate its NAV as of an earlier time if the Exchange or other exchange material to the valuation or operation of the Fund closes early.
−Removed: The Funds’ website at www.volatilityshares.com will display the end of day closing Index level, and NAV per Share for the
−Removed: The Fund will provide daily website disclosure, prior to market opening, of the Funds’ portfolio holdings.
−Removed: This website disclosure
−Removed: of the portfolio composition of the Fund will occur at the same time as the disclosure by the Fund of the portfolio composition to Authorized
−Removed: Participants so that all market participants are provided portfolio composition information at the same time.
+Added: (Eastern Time) (the “NAV
+Added: Calculation Time”) , or an earlier time as set forth on www.volatilityshares.com.
+Added: For example, a Fund may calculate its
+Added: NAV as of an earlier time if the Exchange or other exchange material to the valuation or operation of the Fund closes early.
+Added: website at www.volatilityshares.com will display the end of day closing Index level, and NAV per Share for the Fund.
+Added: The Fund will
+Added: provide daily website disclosure, prior to market opening, of the Funds’ portfolio holdings.
+Added: This website disclosure of the portfolio
+Added: composition of the Fund will occur at the same time as the disclosure by the Fund of the portfolio composition to Authorized Participants
+Added: so that all market participants are provided portfolio composition information at the same time.
In calculating the NAV of a Fund, the VIX futures
11 unchanged sentences
The Funds may use a variety of money market instruments.
−Removed: Money market instruments generally will be valued using market prices or at amortized cost.
+Added: Money market instruments generally will be valued using market prices or at amortized
Indicative Optimized Portfolio Value (“IOPV”)
1 unchanged sentence
indicative value or IIV, is an indicator of the value of a Fund’s net assets at the time the IOPV is disseminated.
−Removed: calculated and disseminated every 15 seconds during a normal Business Day.
−Removed: A Business Day is defined as a day the United States equity
−Removed: markets are open for trading on the NYSE.
−Removed: The IOPV may cease calculating at an earlier time if the Exchange or other information material
−Removed: to the valuation or operation of a Fund closes early.
−Removed: The IOPV is generally calculated using the prior day’s closing net assets
−Removed: of a Fund as a base and updating throughout the Business Day changes in the value of the Financial Instruments held by the Fund.
−Removed: IOPV should not be viewed as an actual real time update of the NAV because NAV is calculated only once at the end of each Business Day.
−Removed: The IOPV also should not be viewed as a precise value of the Shares.
−Removed: Because the market price per Share may differ from the IOPV, the
−Removed: price at which an investor may be able to sell Shares at any time, and especially in times of market volatility, may be significantly
−Removed: less than the IOPV at the time of sale.
−Removed: Neither a Fund nor the Sponsor is liable for any errors in the calculation of the IOPV or any
−Removed: failure to disseminate IOPV.
+Added: The IOPV is calculated
+Added: and disseminated every 15 seconds during a normal Business Day.
+Added: A Business Day is defined as a day the United States equity markets are
+Added: open for trading on the NYSE.
+Added: The IOPV may cease calculating at an earlier time if the Exchange or other information material to the valuation
+Added: or operation of a Fund closes early.
+Added: The IOPV is generally calculated using the prior day’s closing net assets of a Fund as a base
+Added: and updating throughout the Business Day changes in the value of the Financial Instruments held by the Fund.
+Added: The IOPV should not be viewed
+Added: as an actual real time update of the NAV because NAV is calculated only once at the end of each Business Day.
+Added: The IOPV also should not
+Added: be viewed as a precise value of the Shares.
+Added: Because the market price per Share may differ from the IOPV, the price at which an investor
+Added: may be able to sell Shares at any time, and especially in times of market volatility, may be significantly less than the IOPV at the time
+Added: Neither a Fund nor the Sponsor is liable for any errors in the calculation of the IOPV or any failure to disseminate IOPV.
The Exchange disseminates the IOPV.
5 unchanged sentences
Fee”), monthly in arrears, in an amount equal to 1.35 % per annum of its average daily net assets.
−Removed: UVIX pays the Sponsor
−Removed: a Management Fee, monthly in arrears, in an amount equal to 1.65 % per annum of its average daily net assets.
+Added: UVIX pays the Sponsor a
+Added: Management Fee, monthly in arrears, in an amount equal to 1.65 % per annum of its average daily net assets.
“Average daily
7 unchanged sentences
Recurring and Non-Recurring Fees and Expenses
−Removed: Each Fund pays all of its fees and expenses,
−Removed: including recurring, non-recurring, routine and unusual fees and expenses.
+Added: Each Fund pays all of its fees and expenses, including
+Added: recurring, non-recurring, routine and unusual fees and expenses.
Selling Commission
20 unchanged sentences
Risk Factors.
−Removed: As a smaller reporting company, the Trust is
−Removed: not required to provide the information required by this item.
+Added: As a smaller reporting company, the Trust is not
+Added: required to provide the information required by this item.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.