0000891092-11-000343 Sample Contracts

FactorShares 2X: TBond Bull/S&P500 Bear 200,000 Shares Initial Purchaser Agreement
Initial Purchaser Agreement • January 21st, 2011 • FactorShares 2X: TBond Bull/S&p500 Bear • Commodity contracts brokers & dealers • New York

Factor Capital Management, LLC, a Delaware limited liability company (the “Managing Owner”), has sponsored the formation of FactorShares 2X: TBond Bull/S&P500 Bear (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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CUSTODIAN AGREEMENT
Custodian Agreement • January 21st, 2011 • FactorShares 2X: TBond Bull/S&p500 Bear • Commodity contracts brokers & dealers • Massachusetts

This Agreement, dated as of August 10, 2010, is by and between each of the entities set forth on Appendix A hereto (each such entity and each entity made subject to this Agreement in accordance with Section 19.5 below, a “Trust”; collectively, the “Trusts”), and STATE STREET BANK and TRUST COMPANY, a Massachusetts trust company (the “Custodian”).

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