AMENDED AND RESTATED TRUST AGREEMENT OF Market Vectors Commodity TrustTrust Agreement • August 20th, 2013 • Market Vectors Commodity Trust • Commodity contracts brokers & dealers • Delaware
WHEREAS, Van Eck Absolute Return Advisers Corp. and Wilmington Trust, National Association have heretofore created a Delaware statutory trust pursuant to the Delaware Trust Statute (as hereinafter defined) by entering into a trust agreement, dated as of February 1, 2012 (the “Original Trust Agreement”), and by executing and filing with the Secretary of State of the State of Delaware the Certificate of Trust; and
SERVICES AGREEMENTServices Agreement • August 20th, 2013 • Market Vectors Commodity Trust • Commodity contracts brokers & dealers • New York
AGREEMENT made as of _______________, 2013, by and between Market Vectors Commodity Trust (the “Trust”), on behalf of each Fund listed on Exhibit A (each a “Fund” and collectively the “Funds”), and The Bank of New York Mellon, a New York banking organization (“BNYM”).
Form of Initial Purchaser Agreement For Market Vectors commodity trustMarket Vectors Commodity Trust • August 20th, 2013 • Commodity contracts brokers & dealers • New York
Van Eck Absolute Return Advisers Corp., a Delaware corporation (the “Managing Owner”), has sponsored the formation of the funds described in Appendix A, attached hereto (each, a “Fund” and collectively, the “Funds”), each a series of Market Vectors Commodity Trust, a Delaware statutory trust (the “Trust”), for which Wilmington Trust, National Association, a national bank with its principal place of business in Delaware, acts as the sole trustee (the “Trustee”).
TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • August 20th, 2013 • Market Vectors Commodity Trust • Commodity contracts brokers & dealers • New York
AGREEMENT made as of _______, 2013, by and between Market Vectors Commodity Trust, having its principal office and place of business at 335 Madison Avenue, New York, New York 10017 (the “Trust”), on behalf of each Fund listed on Exhibit A (each a “Fund” and collectively the “Funds”), and THE BANK OF NEW YORK MELLON, a New York banking company having its principal office and place of business at One Wall Street, New York, New York 10286 (the “Bank”).
MARKET VECTORS COMMODITY TRUST MARKETING AGENT AGREEMENTMarketing Agent Agreement • August 20th, 2013 • Market Vectors Commodity Trust • Commodity contracts brokers & dealers • New York
MARKETING AGENT AGREEMENT (the “Agreement”) made as of , 2013, by and among Market Vectors Commodity Trust, a Delaware statutory trust (the “Trust”), with respect to each of its series listed in Schedule A, as it may be amended from time to time (each a “Fund”), Van Eck Absolute Return Advisers Corp, a Delaware corporation, as managing owner of the Trust (the “Managing Owner”) and Van Eck Securities Corporation, a Delaware corporation (the “Marketing Agent”). Capitalized terms used but not defined in this Agreement shall have the meaning ascribed thereto in each Fund’s Prospectus (defined herein) included its Registration Statement (defined herein) (as detailed on Schedule A), as each may be amended from time to time.
