AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • May 8th, 2020 • Dynamic Shares Trust • Commodity contracts brokers & dealers • Delaware
WHEREAS, THIS AMENDED AND RESTATED TRUST AGREEMENT is made and entered into as of April 21, 2020, by Dynamic Shares LLC, a Delaware limited liability company, and Wilmington Trust, National Association, a national banking association, as trustee, for the purpose of continuing a Delaware statutory trust in accordance with the provisions hereinafter set forth;
TRUST AGREEMENTTrust Agreement • May 8th, 2020 • Dynamic Shares Trust • Commodity contracts brokers & dealers • Delaware
TRUST AGREEMENT, dated as of March 8, 2019 (this “Trust Agreement”), between Dynamic Shares LLC, a Delaware limited liability company, as depositor (the “Depositor”), and Wilmington Trust, National Association, a national banking association, as owner trustee (the “Owner Trustee”). The Depositor and the Owner Trustee hereby agree as follows:
FORM OF SPONSOR AGREEMENTSponsor Agreement • May 8th, 2020 • Dynamic Shares Trust • Commodity contracts brokers & dealers • Delaware
This Sponsor Agreement (the “Agreement”) is dated as of _______________ between Dynamic Shares LLC, a Delaware limited liability company (the “Sponsor”), and Dynamic Shares Trust, a statutory trust organized under the laws of Delaware (the “Trust”), both for itself and on behalf of each of its currently operating series (each, a “Fund” and collectively, the “Funds”).
FORM OF DIVIDEND DISBURSING AND TRANSFER AGENT AGREEMENTDividend Disbursing and Transfer Agent Agreement • May 8th, 2020 • Dynamic Shares Trust • Commodity contracts brokers & dealers • North Carolina
THIS DIVIDEND DISBURSING AND TRANSFER AGENT AGREEMENT (the “Agreement”) is made and entered into as of the __ day of _______________, 2020, by and among DYNAMIC SHARES TRUST, a Delaware statutory trust (the “Trust”) with a principal place of business at 401 W Superior St, Suite 300, Chicago, IL 60654, on behalf of its series listed on Schedule 1 and all future series of the Trust (each a “Fund”, and collectively the “Funds” as applicable), Dynamic Shares LLC, a Delaware limited liability company, (the “Sponsor”), and NOTTINGHAM SHAREHOLDER SERVICES LLC, a North Carolina limited liability company (“Transfer Agent”), with a principal place of business at 116 South Franklin Street, Rocky Mount, North Carolina 27804.
Form of Futures Account AgreementFutures Account Agreement • May 8th, 2020 • Dynamic Shares Trust • Commodity contracts brokers & dealers • Illinois
In consideration of the acceptance and maintenance of one or more accounts in commodities, commodity futures contracts, options or commodities or options on commodity futures contracts, exchange for physicals and foreign exchange transactions (collectively, “futures contracts”) by Wedbush Futures, a division of Wedbush Securities Inc. (“Broker”) for the undersigned (“Customer”), it is agreed as follows (the Customer Agreement is referred to herein at times as the “Agreement”):
FORM OF DISTRIBUTION AGREEMENTDistribution Agreement • May 8th, 2020 • Dynamic Shares Trust • Commodity contracts brokers & dealers • North Carolina
This Distribution Agreement (the “Agreement’) is effective the __ day of ______, 2020 by and among DYNAMIC SHARES TRUST, a Delaware statutory trust (the “Trust”), on behalf of itself and the fund(s) listed on Schedule A, as may be amended from time to time (each a “Fund” and collectively the “Funds”), DYNAMIC SHARES LLC, a Delaware limited liability company (the “Sponsor”), and CAPITAL INVESTMENT GROUP, INC., a North Carolina corporation (the “Distributor”).
FORM OF ACCOUNTING AND ADMINISTRATION SERVICE AGREEMENTAccounting and Administration Service Agreement • May 8th, 2020 • Dynamic Shares Trust • Commodity contracts brokers & dealers • North Carolina
THIS AGREEMENT is made and entered into as of this ___ day of ____________, 2020, by and between DYNAMIC SHARES TRUST, a Delaware statutory trust, having its principal office and place of business at 401 W Superior St, Suite 300, Chicago, IL 60654 (the “Trust”), on behalf of its series listed in Appendix A and all future series of the Trust (each a “Fund”, and collectively the “Funds” as applicable) Dynamic Shares LLC, a Delaware limited liability company, (the “Sponsor”), and THE NOTTINGHAM COMPANY, a North Carolina business corporation, having its principal office and place of business at 116 South Franklin Street, Rocky Mount, North Carolina 27804 (the “Administrator”).
FORM OF AUTHORIZED PARTICIPANT AGREEMENT Dynamic Shares TrustAuthorized Participant Agreement • May 8th, 2020 • Dynamic Shares Trust • Commodity contracts brokers & dealers • New York
This Authorized Participant Agreement (the “Agreement”) is entered into by and between Capital Investment Group, Inc. (the “Distributor”), and _________________ (the “Participant”) and is subject to acceptance by Nottingham Shareholder Services, LLC (the “Transfer Agent”), and is further subject to acknowledgement and agreement by the Dynamic Shares Trust (the “Trust”), a series trust offering a number of portfolios for which the Distributor is the distributor of such series (each a “Fund” and collectively the “Funds”) set forth on Attachment A hereto, solely with respect to Sections 4(d) and 12(c) herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time, and included in the Trust’s Registration Statement on Form S-1, as it may be amended from time to time, or otherwise filed with the U.S. Securities and Exchange Commission (“SEC”) (each Fund’s current prospectus collectively, togeth
