0000898432-16-002222 Sample Contracts

VAN ECK MERK GOLD TRUST SECOND AMENDMENT TO DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • April 29th, 2016 • VanEck Merk Gold Trust • Commodity contracts brokers & dealers • New York

This SECOND AMENDMENT TO DEPOSITARY TRUST AGREEMENT (this “Amendment”), dated as of April 28, 2016, is by and between Merk Investments LLC (“Merk Investments”), a Delaware limited liability company, as the sponsor of the Van Eck Merk Gold Trust (in such capacity, the “Sponsor”), and THE BANK OF NEW YORK MELLON, a New York banking corporation, as the trustee of the Van Eck Merk Gold Trust (the “Trustee”):

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