ETFS PHYSICAL BASE METALS TRUST FORM OF MARKETING AGENT AGREEMENTMarketing Agent Agreement • April 8th, 2011 • ETFS Physical Base Metals Trust • Commodity contracts brokers & dealers • Colorado
MARKETING AGENT AGREEMENT (the “Agreement”) made as of ___________, 2011, on behalf of ETFS Physical Base Metals Trust, a Delaware statutory trust (the “Fund” or the “Trust”), by and among ETFS Marketing, LLC, a Delaware limited liability company, as agent of the Fund (“ETFS Marketing”) and ALPS Distributors, Inc., a Colorado corporation (the “Marketing Agent”). Capitalized terms used but not defined in this Agreement shall have the meaning ascribed thereto in the Trust’s Prospectus included its Registration Statement on Form S-1 (Registration No. 333-168277), as it may be amended from time-to-time.
FORM OF SPONSOR AGREEMENTForm of Sponsor Agreement • April 8th, 2011 • ETFS Physical Base Metals 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 Physical Base Metals 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”).
FORM OF TRUST AGREEMENT ETF SECURITIES USA LLC, as Sponsor and as TrusteeStatutory Trust Agreement • April 8th, 2011 • ETFS Physical Base Metals Trust • Commodity contracts brokers & dealers • New York
THIS STATUTORY TRUST AGREEMENT dated as of _____________, 2011, between ETF SECURITIES USA LLC, a Delaware limited liability company, as sponsor, and ______________________, a __________________ corporation, as trustee.
