ETF Managers Group Commodity Trust I Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • February 15th, 2024 • Amplify Commodity Trust • Commodity contracts brokers & dealers • Minnesota

THIS AGREEMENT is made and entered into as of the last date written on the signature page below, by and between AMPLIFY COMMODITY TRUST, a Delaware statutory trust (the “Trust”), for itself and on behalf of each of its series listed on Exhibit A to this Agreement (as amended from time to time) (each a “Fund” ), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

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TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • February 15th, 2024 • Amplify Commodity Trust • Commodity contracts brokers & dealers • Wisconsin

THIS AGREEMENT is made and entered into as of the last date written on the signature page below, by and between U.S. BANCORP FUND SERVICES, LLC dba U.S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”), AMPLIFY COMMODITY TRUST, a Delaware statutory trust (the “Trust”), for itself and on behalf of each of its series listed on Exhibit A to this Agreement (as amended from time to time) (each a “Fund” or an “ETF Series”).

DISTRIBUTION SERVICES AGREEMENT Registered 1933 Act Commodity Pools
Distribution Services Agreement • January 28th, 2015 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Texas

This Distribution Services Agreement (the "Agreement") is made this 29th day of October 2014, 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 35 Beechwood Road, Suite 2B, Summit, NJ 07901, 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 ETF Managers Capital, LLC, a Delaware limited liability company (the "Managing Owner"), with its principal place of business at 35 Beechwood Road, Suite 2B, Summit, NJ 07901.

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Wisconsin

THIS AGREEMENT is made and entered into as of the [•] day of [•], 2024, by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”), AMPLIFY ETF TRUST, a Delaware statutory trust (the “Trust”), for itself and on behalf of each of its series listed on Exhibit A to this Agreement (as amended from time to time) (each a “Fund”) and AMPLIFY INVESTMENTS LLC, the sponsor of the Funds (the “Sponsor”).

FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Wisconsin

THIS AGREEMENT is made and entered into as of the 2nd day of January, 2015, by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”), AMPLIFY ETF TRUST, a Delaware statutory trust (the “Trust”), for itself and on behalf of each of its series listed on Exhibit A to this Agreement (as amended from time to time) (each a “Fund” or an “ETF Series”) and AMPLIFY INVESTMENT LLC, the sponsor of the Funds (the “Sponsor”).

MARKETING AGENT AGREEMENT
Marketing Agent Agreement • February 15th, 2024 • Amplify Commodity Trust • Commodity contracts brokers & dealers • Delaware

THIS AGREEMENT is made and entered into as of this 5th day of February, 2024, by and among Amplify Commodity Trust , a Delaware statutory trust (the “Trust”), which is sponsored by Amplify Investments LLC, a Delaware limited liability company (the “Sponsor”), and Foreside Fund Services, LLC, a Delaware limited liability company (“ACA Foreside”).

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • February 15th, 2024 • Amplify Commodity Trust • Commodity contracts brokers & dealers • Wisconsin

THIS AGREEMENT is made and entered into as of the last date written on the signature page below, by and between U.S. BANCORP FUND SERVICES, LLC dba U.S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”), AMPLIFY COMMODITY TRUST, a Delaware statutory trust (the “Trust”) for itself and on behalf of each of its series listed on Exhibit A to this Agreement (as amended from time to time) (each a “Fund” or an “ETF Series”).

AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF ETF MANAGERS GROUP COMMODITY TRUST I Dated as of November __, 2014 By and Between ETF Managers Capital LLC as Sponsor and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee
Declaration of Trust and Trust Agreement • November 26th, 2014 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Delaware

This AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of ETF MANAGERS GROUP COMMODITY TRUST I (the “Trust”) is made and entered into as of ________, 2014, by and between ETF Managers Capital LLC, a Delaware limited liability company, as Sponsor, and Wilmington Trust, National Association, a Delaware national banking association, as Delaware trustee.

FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • February 15th, 2024 • Amplify Commodity Trust • Commodity contracts brokers & dealers • Wisconsin

THIS AGREEMENT is made and entered into as of the last date written on the signature page below, by and between U.S. BANCORP FUND SERVICES, LLC dba U.S. Bank Global Trust Services, a Wisconsin limited liability company (“USBFS”), AMPLIFY COMMODITY TRUST, a Delaware statutory trust (the “Trust”) for itself and on behalf of each of its series listed on Exhibit A to this Agreement (as amended from time to time) (each a “Fund”).

SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF AMPLIFY COMMODITY TRUST Dated as of February 15, 2024 By and Between AMPLIFY INVESTMENTS LLC as Sponsor and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee
Trust and Trust Agreement • February 15th, 2024 • Amplify Commodity Trust • Commodity contracts brokers & dealers • Delaware

This SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of AMPLIFY COMMODITY TRUST (the “Trust”) is made and entered into as of February 15, 2024, by and between Amplify Investments LLC, a Delaware limited liability company, as Sponsor, and Wilmington Trust, National Association, a Delaware national banking association, as Trustee (the “Trustee”).

ETF MANAGERS GROUP COMMODITY TRUST I MARKETING AGENT AGREEMENT
Marketing Agent Agreement • April 12th, 2017 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • New Jersey

THIS MARKETING AGENT AGREEMENT (this “Agreement”) is made as of March 1 2017, on behalf of the ETF Managers Group Commodity Trust I, a Delaware statutory trust (the “Trust”), by and between ETF Managers Capital, LLC, a Delaware limited liability company, as the Fund’s sponsor (the “Sponsor”), and ETFMG Financial LLC, a Delaware limited liability company (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. 333-182301), as it may be amended from time-to-time.

LICENSING AND SERVICES AGREEMENT
Licensing and Services Agreement • January 28th, 2015 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • New York

This Licensing and Services Agreement (“Agreement”) is made and entered into as of the 12th day of January, 2015 (“Effective Date”), by and among Sit Fixed Income Advisors II, LLC (“Sit”), a Delaware limited liability company with its principal place of business at 3300 IDS Center, 80 South 8th Street, Minneapolis, MN 55402, and ETF Managers Capital LLC (“ETF Managers Capital”), a Delaware limited liability company with its principal place of business at 35 Beechwood Road, Suite 2B, Summit, NJ 07901.

AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • January 28th, 2015 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • New York

This Participant Agreement (the “Agreement”), dated as of January ___, 2015, is entered into by and among ___________________ (the “Authorized Participant”), ETF Managers Group Commodity Trust I, a Delaware statutory trust (the “Trust”) organized into separate series as set forth on Schedule A attached hereto (each a “Fund” and collectively, the “Funds”), and ETF Managers Capital LLC, a Delaware limited liability company, as managing owner of the Trust (the “Managing Owner”).

ETF MANAGERS CAPITAL LLC (a Delaware limited liability company) Instrument Establishing New Series of ETF Managers Group Commodity Trust I August 10, 2022
ETF Managers Group Commodity Trust I • August 17th, 2022 • Commodity contracts brokers & dealers

WHEREAS, Section 4.2(b) of the Amended and Restated Declaration of Trust and Trust Agreement (the “Trust Agreement”) of ETF Managers Group Commodity Trust I (the “Trust”) provides that new series of the Trust may be established and designated upon the execution by ETF Managers Capital LLC (the “Company”), the Trust’s sponsor, of an instrument setting forth such establishment and designation and the relative rights and preferences of such series;

EXPENSE LIMITATION AGREEMENT AMPLIFY COMMODITY TRUST
Expense Limitation Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

EXPENSE LIMITATION AGREEMENT (this “Agreement”), effective as of January 30, 2024, by and between Amplify Investments LLC (“Amplify”) and Amplify Commodity Trust (the “Trust”), on behalf of the Breakwave Tanker Shipping ETF (the “Fund”), a series of Amplify Commodity Trust (the “Trust”).

EXPENSE LIMITATION AGREEMENT ETF MANAGERS GROUP COMMODITY TRUST I
Expense Limitation Agreement • September 30th, 2019 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

EXPENSE LIMITATION AGREEMENT, effective as of June 1, 2019, by and between ETF Managers Capital LLC (“ETFMC”) and ETF Managers Group Commodity Trust I (the “Trust”), on behalf of the Breakwave Dry Bulk Shipping ETF (the “Fund”).

FEE WAIVER AGREEMENT ETF MANAGERS GROUP COMMODITY TRUST I
Fee Waiver Agreement • September 30th, 2019 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

FEE WAIVER AGREEMENT, effective as of June 1, 2019, by and between ETF Managers Capital LLC (“ETFMC”) and Breakwave Advisors LLC (“Breakwave”).

LICENSING AND SERVICES AGREEMENT
Licensing and Services Agreement • March 30th, 2023 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • New Jersey

This Licensing and Services Agreement (“Agreement”) is made and entered into as of the 3rd day of March, 2023 (“Effective Date”), by and between ETF Managers Capital LLC (“ETFMC”), a Delaware limited liability company with its principal place of business at 30 Maple Street, Suite 2, Summit, NJ 07901 and Breakwave Advisors LLC (“Breakwave”) a Delaware limited liability company with its principal place of business at 2 South End Avenue, TH3, New York, New York 10289.

FEE WAIVER AGREEMENT AMPLIFY COMMODITY TRUST
Fee Waiver Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

FEE WAIVER AGREEMENT, effective as of January 30, 2024, by and between Amplify Investments LLC (“Amplify”) and Breakwave Advisors LLC (“Breakwave”).

AMENDMENT NO. 1 TO TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • March 7th, 2018 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AGREEMENT is made and entered into as of this 26th day of January, 2018, by and between ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), ETF MANAGERS CAPITAL LLC, the Sponsor of the Trust (the “Sponsor”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company ("Fund Services”).

THIRD AMENDMENT TO THE ETF MANAGERS COMMODITY TRUST FUND ACCOUNTING SERVICING AGREEMENT
Accounting Servicing Agreement • March 30th, 2023 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AMENDMENT, dated as of the last date in the signature block, to the Fund Accounting Servicing Agreement, dated as of December 2nd, 2015, as amended (the “Agreement”), is entered into by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”), ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”) and ETF MANAGERS CAPITAL LLC, the sponsor of the series of the Trust, listed in exhibit A of the Agreement (the “Sponsor”).

FORM OF AMENDMENT NO. 1 TO TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • January 26th, 2018 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AGREEMENT is made and entered into as of this [ ] day of [ ], 2018, by and between ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), ETF MANAGERS CAPITAL LLC, the Sponsor of the Trust (the “Sponsor”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company ("Fund Services”).

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ETF MANAGERS GROUP COMMODITY TRUST I Amendment No. 2 to Marketing Agent Agreement
Marketing Agent Agreement • March 7th, 2018 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AGREEMENT is made and entered into as of this 26th day of January, 2018 on behalf of ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), by and between ETF MANAGERS CAPITAL, LLC, a Delaware limited liability company (the “Sponsor”), and ETFMG Financial LLC, a Delaware limited liability company (the “Marketing Agent”).

FORM OF FIRST AMENDMENT TO MARKETING AGENT AGREEMENT
Marketing Agent Agreement • October 6th, 2017 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AGREEMENT is made and entered into as of this _____ day of October, 2017 on behalf of ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”) by and between ETF MANAGERS CAPITAL, LLC a Delaware limited liability company (the “Sponsor”), and ETF MANAGERS CAPITAL, LLC , a Delaware limited liability company (the “Marketing Agent”).

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • November 26th, 2014 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Wisconsin

THIS AGREEMENT is made and entered into as of the ____ day of November, 2014, by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”), ETF MANAGERS GROUP COMMODITY TRUST I,, a Delaware statutory trust (the “Trust”), for itself and on behalf of each of its series listed on Exhibit A to this Agreement (as amended from time to time) (each a “Fund”) and ETF MANAGERS CAPITAL LLC, the sponsor of the Funds (the “Sponsor”).

LICENSING AND SERVICES AGREEMENT
Licensing and Services Agreement • November 26th, 2014 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • New York

This Licensing and Services Agreement (“Agreement”) is made and entered into as of the __ day of November, 2014 (“Effective Date”), by and among Sit Fixed Income Advisors II, LLC (“Sit”), a Delaware limited liability company with its principal place of business at 3300 IDS Center, 80 South 8th Street, Minneapolis, MN 55402, and ETF Managers Capital LLC (“ETF Managers Capital”), a Delaware limited liability company with its principal place of business at 35 Beechwood Road, Suite 2B, Summit, NJ 07901.

ETF MANAGERS GROUP COMMODITY TRUST I Form of Amendment No. 2 to Marketing Agent Agreement
Agent Agreement • January 26th, 2018 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AGREEMENT is made and entered into as of this [ ] day of [ ], 2018 on behalf of ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), by and between ETF MANAGERS CAPITAL, LLC, a Delaware limited liability company (the “Sponsor”), and ETFMG Financial LLC, a Delaware limited liability company (the “Marketing Agent”).

THIRD AMENDMENT TO THE ETF MANAGERS COMMODITY TRUST TRANSFER AGENT SERVICING AGREEMENT
Agent Servicing Agreement • March 30th, 2023 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AMENDMENT, dated as of the last date of the signature block, to the Transfer Agent Servicing Agreement, dated as of December 2nd, 2015, as amended (the “Agreement”), is entered into by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”), ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”) and ETF MANAGERS CAPITAL LLC, the sponsor of the series of the Trust, listed in Exhibit A of the Agreement (the “Sponsor”).

THIRD AMENDMENT TO THE ETF MANAGERS COMMODITY TRUST FUND ADMINISTRATION SERVICING AGREEMENT
Administration Servicing Agreement • March 30th, 2023 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AMENDMENT, dated as of the last date in the signature block, to the Fund Administration Servicing Agreement, dated as of December 2nd, 2015, as amended (the “Agreement”), is entered into by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”), ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”) and ETF MANAGERS CAPITAL LLC, the sponsor of the series of the Trust, listed in Exhibit A of the Agreement (the “Sponsor”).

EXPENSE LIMITATION AGREEMENT ETF MANAGERS GROUP COMMODITY TRUST I
Expense Limitation Agreement • September 6th, 2022 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

EXPENSE LIMITATION AGREEMENT, effective as of September 1, 2022, by and between ETF Managers Capital LLC (“ETFMC”) and ETF Managers Group Commodity Trust I (the “Trust”), on behalf of the Breakwave Dry Bulk Shipping ETF (the “Fund”).

Amendment No. 3 to Marketing Agent Agreement
Marketing Agent Agreement • March 30th, 2023 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AGREEMENT is made and entered into as of this 30th day of March, 2023 on behalf of ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), by and between ETF MANAGERS CAPITAL, LLC, a Delaware limited liability company (the “Sponsor”), and ETFMG Financial LLC, a Delaware limited liability company (the “Marketing Agent”).

FEE WAIVER AGREEMENT
Fee Waiver Agreement • January 5th, 2018 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

This Fee Waiver Agreement (“Agreement”) is made and entered into as of the 29st day of December, 2017(“Effective Date”), by and among ETF Managers Group Commodity Trust I, a Delaware trust with its principal place of business at 30 Maple Street, Summit, NJ 07901 and ETF Managers Capital LLC (“Sponsor”), a Delaware limited liability company with its principal place of business at 30 Maple Street, Suite 2, Summit, NJ 07901.

SponsorSHIP TRANSFER AGREEMENT
Sponsorship Transfer Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Delaware

THIS AGREEMENT is made and entered into as of the 27th day of December, 2023 (“Effective Date”), by and between ETF MANAGERS CAPITAL LLC, a Delaware limited liability company (“ETFMG”) and AMPLIFY INVESTMENTS LLC, a Delaware limited liability company (“Amplify”). ETFMG and Amplify are each individually also referred to herein as a “party” and collectively as the “parties.”

FORM OF SERVICES AGREEMENT
Form of Services Agreement • October 6th, 2017 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • New Jersey

This Services Agreement (“Agreement”) is made and entered into as of the ---st day of----, 2017 (“Effective Date”), by and between ETF Managers Capital LLC (“ETFMC”), a Delaware limited liability company with its principal place of business at 30 Maple Street, Suite 2, Summit, NJ 07901 and Breakwave Advisors LLC(“Breakwave”) a Delaware limited liability company with its principal place of business at 2 South End Avenue, TH3, New York, New York 10280.

FORM OF FIRST AMENDMENT TO TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • October 6th, 2017 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AGREEMENT is made and entered into as of this _____ day of October, 2017, by and between ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).

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