0000930413-09-006539 Sample Contracts

DEPOSITARY TRUST AGREEMENT ETF SECURITIES USA LLC as Sponsor and THE BANK OF NEW YORK MELLON, as Trustee Depositary Trust Agreement ETFS Platinum Trust Dated as of December 30, 2009
Depositary Trust Agreement • December 31st, 2009 • ETFS Platinum Trust • Gold and silver ores • New York

THIS DEPOSITARY TRUST AGREEMENT dated as of December 30, 2009, between ETF SECURITIES USA LLC, a Delaware limited liability company, as sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.

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ETFS PLATINUM TRUST MARKETING AGENT AGREEMENT
Etfs Platinum Trust Marketing Agent Agreement • December 31st, 2009 • ETFS Platinum Trust • Gold and silver ores • Colorado

MARKETING AGENT AGREEMENT (the “Agreement”) made as of July 16, 2009, on behalf of ETFS Platinum Trust, a New York trust (the “Fund” or the “Trust”), by and among ETFS Marketing, LLC, a Delaware limited liability company, as agent of the Fund (“ETFS Marketing”) and ALPS Distributors, Inc., a Colorado corporation (the “Marketing Agent”). Capitalized terms used but not defined in this Agreement shall have the meaning ascribed thereto in the Trust’s Prospectus included its Registration Statement on Form S-1 (Registration No. 333-158381), as it may be amended from time-to-time.

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