CUSTOMER AGREEMENTCustomer Agreement • January 30th, 2014 • Market Vectors Commodity Trust • Commodity contracts brokers & dealers • New York
In consideration of Macquarie Futures USA LLC (“MFUSA”) accepting and carrying one or more accounts (collectively referred to as the “Account”) for the undersigned (“Customer”) as its broker for the execution of orders and the carrying and clearance of positions in commodities, commodity futures contracts, and options on the foregoing (each referred to individually as a “Contract” and collectively as “Contracts”) on or subject to the rules of various commodity futures exchanges, markets and their associated clearing houses (each referred to as an “Exchange”), Customer is executing this Customer Agreement (this “Agreement”) with MFUSA.
AMENDED AND RESTATED TRUST AGREEMENT OF Market Vectors Commodity TrustTrust Agreement • August 20th, 2013 • Market Vectors Commodity Trust • Commodity contracts brokers & dealers • Delaware
WHEREAS, Van Eck Absolute Return Advisers Corp. and Wilmington Trust, National Association have heretofore created a Delaware statutory trust pursuant to the Delaware Trust Statute (as hereinafter defined) by entering into a trust agreement, dated as of February 1, 2012 (the “Original Trust Agreement”), and by executing and filing with the Secretary of State of the State of Delaware the Certificate of Trust; and
SERVICES AGREEMENTServices Agreement • August 20th, 2013 • Market Vectors Commodity Trust • Commodity contracts brokers & dealers • New York
AGREEMENT made as of _______________, 2013, by and between Market Vectors Commodity Trust (the “Trust”), on behalf of each Fund listed on Exhibit A (each a “Fund” and collectively the “Funds”), and The Bank of New York Mellon, a New York banking organization (“BNYM”).
Form of Initial Purchaser Agreement For Market Vectors commodity trustMarket Vectors Commodity Trust • August 20th, 2013 • Commodity contracts brokers & dealers • New York
Van Eck Absolute Return Advisers Corp., a Delaware corporation (the “Managing Owner”), has sponsored the formation of the funds described in Appendix A, attached hereto (each, a “Fund” and collectively, the “Funds”), each a series of Market Vectors Commodity Trust, a Delaware statutory trust (the “Trust”), for which Wilmington Trust, National Association, a national bank with its principal place of business in Delaware, acts as the sole trustee (the “Trustee”).
TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • August 20th, 2013 • Market Vectors Commodity Trust • Commodity contracts brokers & dealers • New York
AGREEMENT made as of _______, 2013, by and between Market Vectors Commodity Trust, having its principal office and place of business at 335 Madison Avenue, New York, New York 10017 (the “Trust”), on behalf of each Fund listed on Exhibit A (each a “Fund” and collectively the “Funds”), and THE BANK OF NEW YORK MELLON, a New York banking company having its principal office and place of business at One Wall Street, New York, New York 10286 (the “Bank”).
MARKET VECTORS COMMODITY TRUST MARKETING AGENT AGREEMENTMarketing Agent Agreement • August 20th, 2013 • Market Vectors Commodity Trust • Commodity contracts brokers & dealers • New York
MARKETING AGENT AGREEMENT (the “Agreement”) made as of , 2013, by and among Market Vectors Commodity Trust, a Delaware statutory trust (the “Trust”), with respect to each of its series listed in Schedule A, as it may be amended from time to time (each a “Fund”), Van Eck Absolute Return Advisers Corp, a Delaware corporation, as managing owner of the Trust (the “Managing Owner”) and Van Eck Securities Corporation, a Delaware corporation (the “Marketing Agent”). Capitalized terms used but not defined in this Agreement shall have the meaning ascribed thereto in each Fund’s Prospectus (defined herein) included its Registration Statement (defined herein) (as detailed on Schedule A), as each may be amended from time to time.
Futures Customer AgreementFutures Customer Agreement • August 24th, 2012 • Market Vectors Commodity Trust • Commodity contracts brokers & dealers • New York
This Futures Customer Agreement (“Agreement”) between BNY Mellon Clearing, LLC (“BNYM Clearing”) and the customer named below (“Customer”) shall govern the purchase and sale of futures contracts, options on futures contracts, or over-the-counter derivative products cleared through any derivatives clearing organization or other organized clearing house (the above instruments referred to collectively as “Contracts”) for the account and risk of Customer through one or more accounts carried by BNYM Clearing or its affiliates on behalf and in the name of Customer (collectively, the “Account”).
INDEX PRODUCT LICENSE AGREEMENTIndex Product License Agreement • August 24th, 2012 • Market Vectors Commodity Trust • Commodity contracts brokers & dealers
This Product License Agreement (“PLA”), entered into pursuant to Section 1.2 of that certain August 23, 2010 Morningstar Master License Agreement (“Master Agreement”) by and between Morningstar, Inc. (“Licensor”) and Van Eck Associates Corporation(“Licensee”), the terms of which Master Agreement are incorporated herein in their entirety by reference to form the agreement (“Agreement”) between Licensor and Licensee with respect to the below-defined Products, is executed and effective as of this 16th day of April 2012 (“PLA Effective Date”). In the event the Master Agreement expires or terminates for any reason, this Agreement shall automatically terminate and, except as provided herein or in the Master Agreement, all rights and obligations of the parties hereunder shall simultaneously terminate.
CUSTODY AGREEMENTCustody Agreement • April 15th, 2013 • Market Vectors Commodity Trust • Commodity contracts brokers & dealers • New York
AGREEMENT, dated as of , 2013 by and between Market Vectors Commodity Trust, a statutory trust organized and existing under the laws of the State of Delaware having its principal office and place of business at 335 Madison Avenue, New York, New York 10017, on behalf of its Series (defined herein) (the “Fund”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business having its principal office and place of business at One Wall Street, New York, New York 10286 (“Custodian”).
MARKET VECTORS COMMODITY TRUST FORM OF AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • April 15th, 2013 • Market Vectors Commodity 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”), Market Vectors Commodity Trust, a Delaware statutory trust (the “Trust”) with respect to each of its series set forth on Exhibit A hereto, as it may be amended from time to time (each, a “Fund”), and Van Eck Absolute Return Advisers Corp., a Delaware corporation, as managing owner of the Trust and the Funds (the “Managing Owner”).
