1256
contracts” under Section 1256 of the Code, and disposition of such options will
likely result in short term or long term capital gains or
losses depending on the holding period.
To
maintain its status as a RIC, the Fund must distribute 90% of its investment
company taxable income annually. In addition, to avoid a
non-deductible excise tax, the Fund must distribute 98% of its ordinary income
and 98.2% of its capital gain net income. Separately, depending upon the
circumstances, sales to fund redemptions could cause the Fund to recognize
income that the Fund is required to distribute to maintain the Fund's RIC status
and avoid the excise tax. Funding such distributions could require additional
sales, which could require more distributions and affect the projected
performance of the Fund. Alternatively, if the Fund only makes distributions to
maintain its RIC status and becomes subject to the excise tax, that could also
affect the projected performance of the Fund. In either case, the assets sold to
Fund redemptions, distributions or pay the excise tax will not be available to
assist the Fund in meeting its target outcome.
In
the event that a shareholder purchases shares of the Fund shortly before a
distribution by the Fund, the entire distribution may be taxable to the
shareholder even though a portion of the distribution effectively represents a
return of the purchase price.
TARGET
OUTCOME PERIOD RISK. The Fund’s
investment strategy is designed to deliver returns that match the Underlying ETF
if Fund shares are bought on the day on which the Fund enters into the FLEX
Options (i.e., the first day of a
Target Outcome Period) and held until those FLEX Options expire at the end of
the Target Outcome Period, subject to the cap. In the event an investor
purchases Fund shares after the first day of a Target Outcome Period or sells
shares prior to the expiration of the Target Outcome Period, the value of that
investor’s investment in Fund shares may not be buffered against a decline in
the value of the Underlying ETF and may not participate in a gain in the value
of the Underlying ETF up to the cap for the investor’s investment
period.
TRADING
ISSUES RISK. Trading in Fund
shares on the Exchange may be halted due to market conditions or for reasons
that, in the view of the Exchange, make trading in shares inadvisable. In
addition, trading in Fund shares on the Exchange is subject to trading halts
caused by extraordinary market volatility pursuant to the Exchange’s “circuit
breaker” rules. There can be no assurance that the requirements of the Exchange
necessary to maintain the listing of the Fund will continue to be met or will
remain unchanged. The Fund may have difficulty maintaining its listing on the
Exchange in the event the Fund’s assets are small, the Fund does not have enough
shareholders, or if the Fund is unable to proceed with creation and/or
redemption orders.
UNDERLYING
ETF CONCENTRATION RISK. The Underlying ETF
may be susceptible to an increased risk of loss, including losses due to adverse
events that affect the Underlying ETF's investments more than the market as a
whole, to the extent that the Underlying ETF's investments are concentrated in
the securities and/or other assets of a particular issuer or issuers, country,
group of countries, region, market, industry, group of industries, sector,
market segment or asset class.
UNDERLYING
ETF EQUITY RISK. Because the Fund
holds FLEX Options that reference the Underlying ETF, the Fund has exposure to
the equity securities markets. Equity securities prices fluctuate for several
reasons, including changes in investors’ perceptions of the financial condition
of an issuer or the general condition of the relevant equity market, such as
market volatility, or when political or economic events affecting the issuers
occur. Common stock prices may be particularly sensitive to rising interest
rates, as the cost of capital rises and borrowing costs increase. Equity
securities may decline significantly in price over short or extended periods of
time, and such declines may occur in the equity market as a whole, or they may
occur in only a particular country, company, industry or sector of the
market.
UNDERLYING
ETF RISK. The Fund invests in
FLEX Options that reference an ETF, which subjects the Fund to certain of the
risks of owning shares of an ETF as well as the types of instruments in which
the Underlying ETF invests. The value of an ETF will fluctuate over time based
on fluctuations in the values of the securities held by the ETF, which may be
affected by changes in general economic conditions, expectations for future
growth and profits, interest rates and the supply and demand for those
securities. In addition, ETFs are subject to absence of an active market risk,
premium/discount risk, tracking error risk and trading issues risk. Brokerage,
tax and other expenses may negatively impact the performance of the Underlying
ETF and, in turn, the value of the Fund’s shares. An ETF that tracks an index
may not exactly match the performance of the index due to cash drag, differences
between the portfolio of the ETF and the components of the index, expenses and
other factors.
Non-Principal
Risks
BORROWING
AND LEVERAGE RISK. If the Fund borrows
money, it must pay interest and other fees, which may reduce the Fund’s returns.
Any such borrowings are intended to be temporary. However, under certain market
conditions, including periods of decreased liquidity, such borrowings might be
outstanding for longer periods of time. As prescribed by the 1940 Act, the Fund
will be required to maintain specified asset coverage of at least 300% with
respect to any bank borrowing immediately