13th Apr 2011 16:51
NOT FOR RELEASE, PUBLICATION OR DISTRIBUTION, IN WHOLE OR IN PART, IN, INTO OR FROM THE UNITED STATES, CANADA, AUSTRALIA OR JAPAN OR TO THE GENERAL PUBLIC IN THE UNITED KINGDOM OR JERSEY
Appointment of Merrill Lynch Commodities, Inc. as anadditional Commodity Contract Counterparty
Further to the announcement (the "Announcement") made by ETFS Commodity Securities Limited ("CSL") on 14 March 2011 in relation to the appointment of Merrill Lynch Commodities, Inc. ("MLCI") as an additional Commodity Contract Counterparty for its Classic and Forward Commodity Securities and for its Short and Leveraged Commodity Securities, CSL hereby announces that:
·; the date on which the conditions upon which the effectiveness of the Facility Agreements with MLCI is subject will be satisfied or, where permitted, waived, is 15 April 2011, and
·; the Effective Date for the purposes of the Supplemental Trust Instruments between CSL and the Law Debenture Trust Corporation plc referred to in the Announcement will be 15 April 2011.
ENDS
For further information, please contact:
Scott Thompson
ETF Securities Marketing LLP
Tel: +44 20 7448 4373
Email address: [email protected]
This release does not constitute or form part of any offer or invitation to sell or issue, or any solicitation of any offer to purchase or subscribe for, any Commodity Securities or any other securities issued or to be issued by CSL, nor shall it or any part of it nor the fact of its distribution form part of or be relied on in connection with any contract or investment decision relating thereto. Any offer, invitation or solicitation shall be made solely by means of the relevant prospectus and supplementary prospectus(es) and recipients of this release who are considering a purchase or subscription of securities are reminded that any such purchase or subscription should be made solely on the basis of the information contained in such prospectus and any supplementary prospectus(es). This release does not constitute any recommendation regarding the Commodity Securities.
The communication of this release is not being made by, and this release has not been approved by, an authorised person for the purposes of section 21 of the Financial Services and Markets Act 2000 (the "FSMA"). Accordingly this release is not being distributed to, and must not be passed on to, the general public in the United Kingdom. The communication of this release or any other document issued in connection with the offer, subscription or sale of any Commodity Securities is only being made to and directed at those persons in the United Kingdom falling within the definition of Investment Professionals (as defined in Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the "Order"), or high net worth entities, and other persons to whom it may otherwise lawfully be communicated, falling within Article 49(1) of the Order or any person to whom it may otherwise lawfully be made (all such persons together being referred to as "relevant persons"). The communication of this release (or any other document issued in connection with the offer, subscription or sale of the Commodity Securities) must not be acted upon or relied upon by persons who are not relevant persons. Persons distributing this release must satisfy themselves that it is lawful to do so. All applicable provisions of the FSMA must be complied with in respect of anything done in relation to the Commodity Securities in, from or otherwise involving the United Kingdom.
This is not an offer of securities for sale in the United States. Commodity Securities have not been and will not be registered under the US Securities Act or any other applicable law of the United States. The Commodity Securities are being offered and sold only outside the United States to non-US persons in reliance on the exemption from registration provided by Regulation S of the United States Securities Act of 1933 (as amended). CSL has not been and does not intend to become registered as an investment company under the United States Investment Company Act of 1940 (as amended) and related rules. The Commodity Securities and any beneficial interest therein may not be reoffered, resold, pledged or otherwise transferred in the United States or to US persons. If CSL determines that any Security Holder is a Prohibited US Person (being a US Person who is not a "qualified purchaser" as defined in the United States Investment Company Act of 1940 (as amended)),CSL may redeem the Securities held by that Security Holder in accordance with the provisions described in the Prospectus relating to those Commodity Securities. The Commodity Securities may not be purchased by any "employee benefit plan" within the meaning of section 3(3) of the United States Employee Retirement Income Security Act of 1974, as amended ("ERISA"), subject to Part 4. Subtitle B of Title 1 of ERISA, any "plan" to which section 4975 of the United States Internal Revenue Code of 1986, as amended (the "Code") applies (collectively "Plans"), any entity whose underlying assets include "plan assets" of any of the foregoing Plans within the meaning of 29 C.F.R. Section 2510.3-101 or section 3(42) of ERISA, as they may be modified, by reason of a Plan's investment in such entity, any government or church plan that is subject to any U.S. Federal, state or local law that is similar to the prohibited transaction provisions of ERISA or Section 4975 of the Code, or any person who holds Commodity Securities on behalf of, for the benefit of or with any assets of any such plan or entity (any such employee benefit plan, plan or entity, a "Prohibited Benefit Plan Investor"). If CSL determines that any Security Holder is a Prohibited Benefit Plan Investor, CSL may redeem the Securities held by that Security Holder in accordance with the provisions described in the Prospectus relating to those Commodity Securities.
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