0000891092-11-004124 Sample Contracts

AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF FACTORSHARES 2X: S&P500 BULL/TBOND BEAR
FactorShares 2X: S&P500 Bull/TBond Bear • June 27th, 2011 • Commodity contracts brokers & dealers

This Amendment No. 1 (“Amendment No.1”) to the Amended and Restated Declaration of Trust and Trust Agreement dated as of January 18, 2011 (the “Declaration of Trust”) of FactorShares 2X: S&P500 Bull/Tbond Bear (the “Fund”) by and between Factor Capital Management, LLC (the “Managing Owner”) and Wilmington Trust Company.

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