FactorShares S&P Gold Premium 200,000 Shares Initial Purchaser AgreementFactorShares S&P Gold Premium • August 17th, 2010 • Commodity contracts brokers & dealers • New York
Factor Capital Management, LLC, a Delaware limited liability company (the “Managing Owner”), has sponsored the formation of FactorShares S&P Gold Premium (the “Fund”), a Delaware statutory trust, for which Wilmington Trust Company, a Delaware banking corporation, acts as the sole trustee (the “Trustee”).
DISTRIBUTION SERVICES AGREEMENT Registered Commodity PoolsDistribution Services Agreement • December 28th, 2012 • FactorShares 2X: Gold Bull/S&p500 Bear • Commodity contracts brokers & dealers • Texas
This Distribution Services Agreement (the "Agreement") is made this 27th day of December 2012, by and among each Delaware statutory trust set forth on Exhibit A attached hereto (each a "Fund" and collectively, the "Funds"), each having its principal place of business at 1 Penn Plaza, 36th Floor, New York, NY 10119, Esposito Securities, LLC, a Texas limited liability company (the "Distributor"), having its principal place of business at 300 Crescent Court, Suite 650, Dallas, TX 75201, and Factor Capital Management, LLC, a Delaware limited liability company (the "Managing Owner"), with its principal place of business at 1 Penn Plaza, 36th Floor, New York, NY 10119. This Agreement shall not become effective until January 1, 2013.
AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF FACTORSHARES 2X: GOLD BULL/S&P500 BEAR Dated as of [_______], 2010 By and Between FACTOR CAPITAL MANAGEMENT, LLC and WILMINGTON TRUST COMPANYTrust and Trust Agreement • November 3rd, 2010 • FactorShares 2X: Gold Bull/S&p500 Bear • Commodity contracts brokers & dealers • Delaware
This AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of FactorShares 2X: Gold Bull/S&P500 Bear is made and entered into as of the [__] day of [_______], 2010, by and between Factor Capital Management, LLC, a Delaware limited liability company, and Wilmington Trust Company, a Delaware banking corporation, as trustee.
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF FACTORSHARES 2X: GOLD BULL/S&P500 BEARFactorShares 2X: Gold Bull/S&p500 Bear • June 27th, 2011 • Commodity contracts brokers & dealers
This Amendment No. 1 (“Amendment No.1”) to the Amended and Restated Declaration of Trust and Trust Agreement dated as of January 18, 2011 (the “Declaration of Trust”) of FactorShares 2X: Gold Bull/S&P500 Bear (the “Fund”) by and between Factor Capital Management, LLC (the “Managing Owner”) and Wilmington Trust Company.
ADMINISTRATION AGREEMENTAdministration Agreement • January 21st, 2011 • FactorShares 2X: Gold Bull/S&p500 Bear • Commodity contracts brokers & dealers • Massachusetts
This Administration Agreement (“Agreement”) dated as of August 11, 2010 and effective as of the effective date of the Trusts’ initial Registration Statement (as hereinafter defined), by and between State Street Bank and Trust Company, a Massachusetts trust company (the “Administrator”), and each Trust set forth on Exhibit A, each organized as a Delaware statutory trust (each, a “Trust” and collectively, the “Trusts”).
FORM OF PARTICIPANT AGREEMENTForm of Participant Agreement • August 17th, 2010 • FactorShares S&P Gold Premium • Commodity contracts brokers & dealers • New York
This Participant Agreement (the “Agreement”), dated as of __________ 2010, is entered into by and among __________ (the “Authorized Participant”), each Delaware statutory trust set forth on Schedule A attached hereto (each a “Trust” and collectively, the “Trusts”), and Factor Capital Management, LLC, a Delaware limited liability company, as managing owner of the Trusts (the “Managing Owner”).
INTERACTIVE BROKERS INSTITUTIONAL SERVICES CUSTOMER AGREEMENTInteractive Brokers Institutional Services Customer Agreement • August 17th, 2010 • FactorShares S&P Gold Premium • Commodity contracts brokers & dealers • Connecticut
FactorShares 2X: Gold Bull/S&P500 Bear 200,000 Shares Initial Purchaser AgreementFactorShares 2X: Gold Bull/S&p500 Bear • January 21st, 2011 • Commodity contracts brokers & dealers • New York
Factor Capital Management, LLC, a Delaware limited liability company (the “Managing Owner”), has sponsored the formation of FactorShares 2X: Gold Bull/S&P500 Bear (the “Fund”), a Delaware statutory trust, for which Wilmington Trust Company, a Delaware banking corporation, acts as the sole trustee (the “Trustee”).
