AMENDED AND RESTATED TRUST AGREEMENT OF ETFS COLLATERALIZED COMMODITIES TRUST ETF SECURITIES USA LLC as Sponsor and WILMINGTON TRUST COMPANY, as Trustee Dated as of [ ]Trust Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • Delaware
WHEREAS, the Sponsor and the Trustee have heretofore created the Trust pursuant to the DSTA (as hereinafter defined) by entering into a trust agreement, dated as of May 27, 2010 (the “Original Trust Agreement”), and by executing and filing with the Secretary of State of the State of Delaware the Certificate of Trust; and
SCHEDULE to the 2002 Master Agreement dated as of __________ between [name of Counterparty] (“Counterparty”), and EACH FUND REGISTERED UNDER THE SECURITIES ACT OF 1933 LISTED IN SCHEDULE 1 TO THE FACILITY AGREEMENT (AS DEFINED BELOW), THE FUNDS AT THE...Master Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York
It is understood and agreed that this document shall constitute a separate agreement with each party listed on Exhibit A attached hereto, as if each such party had executed a separate document naming only itself as the Fund, and that no party listed on Exhibit A shall have any liability under this document for the obligations of any other party engaging in Transactions with Counterparty, including any other party so listed. With respect to any one such party, (i) only Confirmations of Transactions between Counterparty and such party shall be part of the agreement with such party, (ii) references in this Agreement (including this Schedule) to the Fund shall be deemed to refer only to such party, and (iii) the term “this Agreement” shall be construed according to the foregoing provisions.
SECTION SCHEDULE 1 ACCOUNTING AND VALUE CALCULATION SERVICES 16 APPENDIX A VALUE ERROR CORRECTION POLICY AND PROCEDURES 21 SCHEDULE 2 FUND ADMINISTRATION SERVICES 22 SCHEDULE 3 REMUNERATION 25 ANNEX A Electronic Access 26Etf Fund Serv Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York
This Agreement, dated May __ , 2011, is between JPMORGAN CHASE BANK, N. A., whose principal place of business is at One Beacon Street, Boston, Massachusetts 02108. (“J.P. Morgan”) and ETF SECURITIES USA LLC, a Delaware limited liability company (“ETFS”) for services to be provided to ETFS COLLATERALIZED COMMODITIES TRUST, a Delaware statutory trust currently organized into separate series (“Funds”) with offices at c/o ETF Securities USA LLC, 48 Wall Street, 11ith Floor, New York, New York 10005 (the “Trust”).
FORM OF ETFS COLLATERALIZED COMMODITIES TRUST AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York
This Authorized Participant Agreement (the “Agreement”), dated as of __________, is entered into by and among ____________ (the “Authorized Participant”), ETFS Collateralized Commodities Trust, a Delaware statutory trust (the “Trust”), on behalf of its separate series therein (“Funds”), and ETF Securities LLC, a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”) [on behalf of each Fund].
Dated: ______, 2011 MASTER CONFIRMATION AGREEMENT for COMMODITY DERIVATIVE TRANSACTIONS Between ETFS COLLATERALIZED COMMODITIES TRUST ON BEHALF OF ITS SEPARATE SERIES (FUNDS) and [COUNTERPARTY]Master Confirmation Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers
This master confirmation agreement (“Master Confirmation Agreement”) is dated as of [ ] 2011 and is made between ETFS COLLATERALIZED COMMODITIES TRUST, a Delaware statutory trust, whose office is located at c/o ETF Securities USA LLC, [Ordnance House, 31 Pier Road, St Helier, Jersey, Channel Islands] (the “Trust”), on behalf of each separate series (each a “Fund”) as set forth in Schedule A hereto and [Counterparty] (the “Counterparty”) of [Address].
FACILITY AGREEMENT For the entering into and termination of COMMODITY CONTRACTSFacility Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York
Dated: ______________________ ETFS COLLATERALIZED COMMODITIES TRUST FORM OF DIRECT AGREEMENT (relating to Funds established each as a separate series within the Trust) between: [COUNTERPARTY] and [AUTHORIZED PARTICIPANT]Direct Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York
AGENCY SERVICES AGREEMENTAgency Services Agreement • August 18th, 2011 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York
THIS AGENCY SERVICES AGREEMENT made as of the ___ day of May, 2011 between JPMORGAN CHASE BANK, N.A. a national banking association with a place of business at 4 New York Plaza, New York, New York 10004 (“J.P. Morgan”) and ETF Securities USA LLC, a Delaware limited liability company not in its individual capacity, but as Sponsor (as defined herein) to ETFS Collateralized Commodities Trust, a Delaware statutory trust currently organized into separate series with offices at c/o ETF Securities USA LLC, 48 Wall Street, 11ith Floor, New York, New York 10005 (the “Trust”).
