ETFS Collateralized Commodities Trust Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT OF ETFS COLLATERALIZED COMMODITIES TRUST ETF SECURITIES USA LLC as Sponsor and WILMINGTON TRUST COMPANY, as Trustee Dated as of [ ]
Trust Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • Delaware

WHEREAS, the Sponsor and the Trustee have heretofore created the Trust pursuant to the DSTA (as hereinafter defined) by entering into a trust agreement, dated as of May 27, 2010 (the “Original Trust Agreement”), and by executing and filing with the Secretary of State of the State of Delaware the Certificate of Trust; and

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SCHEDULE to the 2002 Master Agreement dated as of __________ between [name of Counterparty] (“Counterparty”), and EACH FUND REGISTERED UNDER THE SECURITIES ACT OF 1933 LISTED IN SCHEDULE 1 TO THE FACILITY AGREEMENT (AS DEFINED BELOW), THE FUNDS AT THE...
Master Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

It is understood and agreed that this document shall constitute a separate agreement with each party listed on Exhibit A attached hereto, as if each such party had executed a separate document naming only itself as the Fund, and that no party listed on Exhibit A shall have any liability under this document for the obligations of any other party engaging in Transactions with Counterparty, including any other party so listed. With respect to any one such party, (i) only Confirmations of Transactions between Counterparty and such party shall be part of the agreement with such party, (ii) references in this Agreement (including this Schedule) to the Fund shall be deemed to refer only to such party, and (iii) the term “this Agreement” shall be construed according to the foregoing provisions.

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FORM OF SPONSOR AGREEMENT
Sponsor Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

THIS SPONSOR AGREEMENT (the “Agreement”) is dated as of ________________ between ETF Securities USA LLC, a Delaware limited liability company (“Sponsor”), and ETFS Collateralized Commodities Trust, a statutory trust organized under the laws of Delaware (the “Trust”), both for itself and on behalf of each of its series set forth on Schedule A hereto (each, a “Fund” and, collectively, the “Funds”).

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SECTION SCHEDULE 1 ACCOUNTING AND VALUE CALCULATION SERVICES 16 APPENDIX A VALUE ERROR CORRECTION POLICY AND PROCEDURES 21 SCHEDULE 2 FUND ADMINISTRATION SERVICES 22 SCHEDULE 3 REMUNERATION 25 ANNEX A Electronic Access 26
Etf Fund Serv Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

This Agreement, dated May __ , 2011, is between JPMORGAN CHASE BANK, N. A., whose principal place of business is at One Beacon Street, Boston, Massachusetts 02108. (“J.P. Morgan”) and ETF SECURITIES USA LLC, a Delaware limited liability company (“ETFS”) for services to be provided to ETFS COLLATERALIZED COMMODITIES TRUST, a Delaware statutory trust currently organized into separate series (“Funds”) with offices at c/o ETF Securities USA LLC, 48 Wall Street, 11ith Floor, New York, New York 10005 (the “Trust”).

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FORM OF ETFS COLLATERALIZED COMMODITIES TRUST AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

This Authorized Participant Agreement (the “Agreement”), dated as of __________, is entered into by and among ____________ (the “Authorized Participant”), ETFS Collateralized Commodities Trust, a Delaware statutory trust (the “Trust”), on behalf of its separate series therein (“Funds”), and ETF Securities LLC, a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”) [on behalf of each Fund].

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Form of Control and Custodian Agreement
Control and Custodian Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

This Agreement dated as of ________ (the “Agreement”), among [_____________] (the “Secured Party”), _______________ (the “Pledgor”) and ________________________, as custodian hereunder (the “Collateral Manager”).

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AGENCY SERVICES AGREEMENT
Agency Services Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

THIS AGENCY SERVICESAGREEMENT made as of the ___ day of ____________, 2010 between__________ a national banking association with a place of business at _______________________ (“Bank”) and ETF Securities USA LLC, a Delaware limited liability company not in its individual capacity, but as Sponsor (as defined herein) of the ETFS Collateralized Commodities Trust, a Delaware statutory trust currently organized into separate series with offices at c/o ETF Securities USA LLC, 48 Wall Street, 11ith Floor, New York, New York 10005 (the “Trust”).

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FORM OF FUND SERVICING AGREEMENT
Fund Servicing Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

This Agreement, dated [__________________], [20__], is between________________________________, whose principal place of business is at ___________________________. (“__________”) and ETF SECURITIES USA LLC, a Delaware limited liability company (“ETFS”) for services to be provided to ETFS COLLATERALIZED COMMODITIES TRUST, a Delaware statutory trust currently organized into separate series (“Funds”) with offices at c/o ETF Securities USA LLC, 48 Wall Street, 11ith Floor, New York, New York 10005 (the “Trust”).

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FACILITY AGREEMENT For the entering into and termination of COMMODITY CONTRACTS
Facility Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

NOW THEREFORE in consideration of the mutual covenants, conditions, representations, and warranties set forth herein, it is hereby agreed as follows:

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Dated: ______, 2011 MASTER CONFIRMATION AGREEMENT for COMMODITY DERIVATIVE TRANSACTIONS Between ETFS COLLATERALIZED COMMODITIES TRUST ON BEHALF OF ITS SEPARATE SERIES (FUNDS) and [COUNTERPARTY]
Master Confirmation Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers

This master confirmation agreement (“Master Confirmation Agreement”) is dated as of [ ] 2011 and is made between ETFS COLLATERALIZED COMMODITIES TRUST, a Delaware statutory trust, whose office is located at c/o ETF Securities USA LLC, [Ordnance House, 31 Pier Road, St Helier, Jersey, Channel Islands] (the “Trust”), on behalf of each separate series (each a “Fund”) as set forth in Schedule A hereto and [Counterparty] (the “Counterparty”) of [Address].

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FACILITY AGREEMENT For the entering into and termination of COMMODITY CONTRACTS
Facility Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York
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Dated: ______________________ ETFS COLLATERALIZED COMMODITIES TRUST FORM OF DIRECT AGREEMENT (relating to Funds established each as a separate series within the Trust) between: [COUNTERPARTY] and [AUTHORIZED PARTICIPANT]
Direct Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York
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FORM OF ETFS COLLATERALIZED COMMODITIES TRUST AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

This Authorized Participant Agreement (the “Agreement”), dated as of ___________, is entered into by and among ___________ (the “Authorized Participant”), ETFS Collateralized Commodities Trust, a Delaware statutory trust (the “Trust”), on behalf of its separate series therein (“Funds”), and ETF Securities USA LLC, a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”).

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AGENCY SERVICES AGREEMENT
Agency Services Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

THIS AGENCY SERVICES AGREEMENT made as of the ___ day of May, 2011 between JPMORGAN CHASE BANK, N.A. a national banking association with a place of business at 4 New York Plaza, New York, New York 10004 (“J.P. Morgan”) and ETF Securities USA LLC, a Delaware limited liability company not in its individual capacity, but as Sponsor (as defined herein) to ETFS Collateralized Commodities Trust, a Delaware statutory trust currently organized into separate series with offices at c/o ETF Securities USA LLC, 48 Wall Street, 11ith Floor, New York, New York 10005 (the “Trust”).

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Dated: ______________________ ETFS COLLATERALIZED COMMODITIES TRUST FORM OF DIRECT AGREEMENT (relating to Funds established each as a separate series within the Trust) between: [COUNTERPARTY] and [AUTHORIZED PARTICIPANT]
Direct Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York
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