AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF ETF MANAGERS GROUP COMMODITY TRUST I Dated as of November __, 2014 By and Between ETF Managers Capital LLC as Sponsor and WILMINGTON TRUST, NATIONAL ASSOCIATION, as TrusteeDeclaration of Trust and Trust Agreement • November 26th, 2014 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Delaware
This AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of ETF MANAGERS GROUP COMMODITY TRUST I (the “Trust”) is made and entered into as of ________, 2014, by and between ETF Managers Capital LLC, a Delaware limited liability company, as Sponsor, and Wilmington Trust, National Association, a Delaware national banking association, as Delaware trustee.
DISTRIBUTION SERVICES AGREEMENT Registered 1933 Act Commodity PoolsDistribution Services Agreement • November 26th, 2014 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Texas
This Distribution Services Agreement (the “Agreement”) is made this 29th day of October 2014, by and among each Delaware statutory trust set forth on Exhibit A attached hereto (each a “Fund” and collectively, the “Funds”), each having its principal place of business at 35 Beechwood Road, Suite 2B, Summit, NJ 07901, Esposito Securities, LLC, a Texas limited liability company (the “Distributor”), having its principal place of business at 300 Crescent Court, Suite 650, Dallas, TX 75201, and ETF Managers Capital, LLC, a Delaware limited liability company (the “Managing Owner”), with its principal place of business at 35 Beechwood Road, Suite 2B, Summit, NJ 07901.
AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • November 26th, 2014 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • New York
This Participant Agreement (the “Agreement”), dated as of December ___, 2014, is entered into by and among ___________________ (the “Authorized Participant”), ETF Managers Group Commodity Trust I, a Delaware statutory trust (the “Trust”) organized into separate series as set forth on Schedule A attached hereto (each a “Fund” and collectively, the “Funds”), and ETF Managers Capital LLC, a Delaware limited liability company, as managing owner of the Trust (the “Managing Owner”).
FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • November 26th, 2014 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Wisconsin
THIS AGREEMENT is made and entered into as of the ____ day of November, 2014, by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”), ETF MANAGERS GROUP COMMODITY TRUST I,, a Delaware statutory trust (the “Trust”), for itself and on behalf of each of its series listed on Exhibit A to this Agreement (as amended from time to time) (each a “Fund”) and ETF MANAGERS CAPITAL LLC, the sponsor of the Funds (the “Sponsor”).
LICENSING AND SERVICES AGREEMENTLicensing and Services Agreement • November 26th, 2014 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • New York
This Licensing and Services Agreement (“Agreement”) is made and entered into as of the __ day of November, 2014 (“Effective Date”), by and among Sit Fixed Income Advisors II, LLC (“Sit”), a Delaware limited liability company with its principal place of business at 3300 IDS Center, 80 South 8th Street, Minneapolis, MN 55402, and ETF Managers Capital LLC (“ETF Managers Capital”), a Delaware limited liability company with its principal place of business at 35 Beechwood Road, Suite 2B, Summit, NJ 07901.
