THIRD AMENDMENT TO THE ETF MANAGERS COMMODITY TRUST CUSTODY AGREEMENT
Exhibit 10.6
THIRD AMENDMENT TO THE ETF MANAGERS COMMODITY TRUST
THIS AMENDMENT, dated as of the last date of the signature block, to the Custody Agreement, dated as of December 2nd, 2015, as amended (the “Agreement”), is entered into by and between U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”)., 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”).
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the parties desire to add a fund to Exhibit A & C-1; and
WHEREAS, Section 15 of the Agreement allows for its amendment by a written instrument executed by the Parties and authorized or approved by the Board of Trustees of the Trust.
NOW, THEREFORE, the parties hereby agree that
| 1. | Exhibit A is hereby superseded and replaced in its entirety with Exhibit A attached hereto. |
| 2. | Exhibit C-1 is hereby superseded and replaced in its entirety with Exhibit C-1 attached hereto. |
| 3. | Except to the extent amended hereby, the Agreement shall remain in full force and effect. |
SIGNATURES ON NEXT PAGE
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
| ETF MANAGERS GROUP COMMODITY TRUST I | ||
| By: | ETF Managers Capital LLC | |
| Name: | Xxxx X. Xxxxxxxx, Chief Financial Officer | |
| Signature: | /s/ Xxxx X. Xxxxxxxx | |
| Date: | 9/22/22 | |
| ETF MANAGERS CAPITAL LLC | ||
| By: | /s/ Xxxxxxx Xxxxxxxx | |
| Name: | Xxxxxxx Xxxxxxxx | |
| Title: | General Counsel | |
| Date: | 9/22/22 | |
| U.S. BANK, N.A. | ||
| By: | /s/ Xxxxxxx Xxxxxx | |
| Name: | Xxxxxxx Xxxxxx | |
| Title: | SVP | |
| Date: | 10/06/2022 | |
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Exhibit A to the Custody Agreement - ETF Managers Group Commodity Trust I
Separate Series of ETF Managers Group Commodity Trust I
Name of Series
| 1. | Breakwave Dry Bulk Shipping ETF - Fee Schedule Exhibit C-1 at February 2018 applies |
| 2. | Breakwave Tanker Shipping ETF – Fee Schedule Exhibit C-1 at February 2018 applies |
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Exhibit C-1 to the Custody Agreement- ETF Managers Group Commodity Trust I – Breakwave Tanker Shipping ETF
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