In Re: Direxion Shares ETF Trust 09-CV-08011-Second ...

(hereinafter “Direxion Bear ETFs”) consisting of a series of exchange-traded funds, including the Bear ETFs Financial Bear 3X Shares “FAZ”, Energy Bear 3X Shares “ERY”, and the Direxion Bear Funds listed in Exhibit “C”. These funds were and are regulated by the SEC under the Investment Company Act of 1940 (the “1940 Act”). ................
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