0000891092-10-003474 Sample Contracts

FactorShares S&P Gold Premium 200,000 Shares Initial Purchaser Agreement
FactorShares S&P Gold Premium • August 17th, 2010 • Commodity contracts brokers & dealers • New York

Factor Capital Management, LLC, a Delaware limited liability company (the “Managing Owner”), has sponsored the formation of FactorShares S&P Gold Premium (the “Fund”), a Delaware statutory trust, for which Wilmington Trust Company, a Delaware banking corporation, acts as the sole trustee (the “Trustee”).

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FORM OF PARTICIPANT AGREEMENT
Form of Participant Agreement • August 17th, 2010 • FactorShares S&P Gold Premium • Commodity contracts brokers & dealers • New York

This Participant Agreement (the “Agreement”), dated as of __________ 2010, is entered into by and among __________ (the “Authorized Participant”), each Delaware statutory trust set forth on Schedule A attached hereto (each a “Trust” and collectively, the “Trusts”), and Factor Capital Management, LLC, a Delaware limited liability company, as managing owner of the Trusts (the “Managing Owner”).

INTERACTIVE BROKERS INSTITUTIONAL SERVICES CUSTOMER AGREEMENT
Interactive Brokers Institutional Services Customer Agreement • August 17th, 2010 • FactorShares S&P Gold Premium • Commodity contracts brokers & dealers • Connecticut
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