Leverage Shares PLC Result of adjourned meeting LS-3xShort XpengETP Se (6788P)
October 10 2023 - 11:16AM
UK Regulatory
TIDMXP3S TIDMSXPE TIDMSXEE
RNS Number : 6788P
Leverage Shares PLC
10 October 2023
NOTICE TO ETP SECURITYHOLDERS OF RESULT OF ADJOURNED MEETING
To the holders of the outstanding
Leverage Shares -3x Short Xpeng ETP Securities
ISIN: XS2472332886
(the "ETP Securityholders" and the "ETPs" respectively)
of Leverage Shares plc (the "Issuer")
NOTICE IS HEREBY GIVEN to the holders of the above ETPs that, at
the adjourned meeting of the ETP Securityholders held at 2 (nd)
Floor, Block 5, Irish Life Centre, Abbey Street Lower, Dublin 1,
Ireland at 3.00 pm Dublin time on 10 October 2023 (the "Adjourned
Meeting") the Extraordinary Resolution set out in Schedule 1 hereto
was duly passed.
Yours sincerely
The Directors
Leverage Shares plc
SCHEDULE 1
EXTRAORDINARY RESOLUTION
"THAT this meeting of the holders of the Leverage Shares -3x
Short Xpeng ETP Securities of Leverage Shares plc currently
outstanding (the "ETP Securityholders", the "ETP Securities" and
the "Issuer" respectively) constituted by the master trust deed
originally dated 5 December 2017 as most recently amended and
restated on 16 August 2022 and as supplemented by a supplemental
trust deed dated 7 June 2022 (the "Trust Deed") made between, among
others, the Issuer and Apex Corporate Trustees (UK) Limited (the
"Trustee") as trustee for the ETP Securityholders hereby resolves
by way of Extraordinary Resolution to:
1. assent to the Consolidation and to waive any breach or
default of the Conditions or any of the Programme Documents
occurring up to the date hereof which has arisen in relation or as
a consequence of the First Matter and/or the Second Matter
(collectively the "Proposed Amendments") and authorise and direct
the Trustee to concur and agree to the Proposed Amendments and
authorise and direct the Trustee and the Issuer, where applicable,
to execute the Consolidation Supplemental Trust Deed (the matters
referred to above, the "Proposal");
2. sanction every abrogation, modification, variation,
compromise or arrangement in respect of the rights of the ETP
Securityholders appertaining to the ETP Securities, whether or not
such rights arise under the Trust Deed, involved in or resulting
from or effected by the Proposal and its implementation;
3. authorise, direct, request and empower the Trustee and the
Issuer to concur in the Proposal and, in order to give effect
thereto and to implement the same, to execute the Consolidation
Supplemental Trust Deed and to execute and do, all such other
deeds, instruments, acts and things as may be necessary, expedient,
desirable or appropriate to carry out and give effect to this
Extraordinary Resolution and the implementation of the
Proposal;
4. discharge and exonerate the Trustee and the Issuer from all
and any liability for which they may have become or may become
responsible under the Trust Deed or the ETP Securities in respect
of any act or omission in connection with the Proposal, its
implementation or this Extraordinary Resolution and its
implementation;
5. irrevocably and unconditionally waive any claim that we may
have against the Trustee as a result of anything done or omitted to
be done by the Trustee in good faith in connection with this (i)
Extraordinary Resolution, (ii) the Consolidation, (iii) the
Consolidation Supplemental Trust Deed, (iv) the Proposed Amendments
and/ or (v) the Proposal;
6. indemnify the Trustee, on demand, against any cost, loss or
liability incurred in connection with (i) any act (or omission to
act) or step implementing this Extraordinary Resolution, (ii) the
Consolidation, (iii) the Consolidation Supplemental Trust Deed,
(iv) the Proposed Amendments and/ or (v) the Proposal; unless such
cost, loss or liability has been caused by the Trustee's fraud,
gross negligence or wilful default; and
7. acknowledge that capitalised terms used in this Extraordinary
Resolution have the same meanings as those defined in the Notice of
Adjourned Meeting and/ or the Trust Deed (including the Conditions
of the ETP Securities), unless otherwise defined herein or unless
the context otherwise requires."
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END
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