0000950123-11-006122 Sample Contracts

MIDCAP SPDR TRUST PARTICIPANT AGREEMENT
Participant Agreement • January 27th, 2011 • SPDR S&p Midcap 400 Etf Trust • New York

This Participant Agreement (the “Agreement”) is entered into between ALPS Distributors, Inc. (the “Distributor”) and (the “Participant”) and is subject to acceptance by The Bank of New York Mellon (the “Trustee”). The Trustee serves as the trustee of the Standard & Poor’s MIDCAP 400 Depositary Receipts (“MidCap SPDRs”) Trust (the “Trust”) pursuant to certain Standard Terms and Conditions of Trust dated as of April 1, 1995 and effective as of April 27, 1995 and the Trust Indenture dated April 27, 1995 (the “Trust Agreement”); and is an Index Receipt Agent as that term is defined in the rules of the National Securities Clearing Corporation (“NSCC”). The Distributor has been retained to provide certain services with respect to acting as principal underwriter of the Trust in connection with the creation and distribution of MidCap SPDRs. As specified in the MidCap SPDRs prospectus and the Trust Agreement, MidCap SPDRs may be created or redeemed only in aggregations of 25,000 MidCap SPDRs, r

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