0001104659-12-005092 Sample Contracts

AMENDMENT NO. 3 TO THE STANDARD TERMS AND CONDITIONS OF TRUST, DATED AS OF MARCH 1, 1999 AND EFFECTIVE AS OF MARCH, 4, 1999 AND AS AMENDED ON APRIL 17, 2001 AND FEBRUARY 4, 2004, BY AND BETWEEN NASDAQ GLOBAL FUNDS, INC., AS SPONSOR, AND THE BANK OF...

Amendment No. 3 to the Standard Terms and Conditions of Trust • January 30th, 2012 • Powershares QQQ Trust, Series 1

• Contract Type
  Amendment No. 3 to the Standard Terms and Conditions of Trust
• Filed
  January 30th, 2012
• Company
  Powershares QQQ Trust, Series 1

This Amendment No. 3 to the Standard Terms and Conditions of the Trust, dated as of January 1, 2006 (the “Amendment No. 3”), by and between Nasdaq Global Funds, Inc. (formerly known as Nasdaq Financial Products Services, Inc.), as sponsor (in such capacity, the “Sponsor”) and The Bank of New York, as trustee (in such capacity, the “Trustee”) amends the Standard Terms and Conditions of Trust, dated as of March 1, 1999 and effective as of March 4, 1999, and as amended on April 17, 2001 and February 4, 2004 (collectively, the “Standard Terms”), by and between the Sponsor and the Trustee of the Nasdaq-100 Trust, Series 1 and any subsequent and similar series of the Nasdaq-100 Trust (the “Trust”). Defined terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Standard Terms.

AMENDMENT NO. 1 TO THE STANDARD TERMS AND CONDITIONS OF TRUST

Standard Terms and Conditions of Trust • January 30th, 2012 • Powershares QQQ Trust, Series 1 • New York

• Contract Type
  Standard Terms and Conditions of Trust
• Filed
  January 30th, 2012
• Company
  Powershares QQQ Trust, Series 1
• Jurisdiction
  New York

This Amendment No. 1 (the “Amendment No. 1”) to the Standard Terms and Conditions of Trust, dated as of March 1, 1999, between Nasdaq Investment Product Services, Inc. (formerly known as Nasdaq-Amex Investment Product Services, Inc.), a Delaware corporation, as Sponsor (“NIPS”) and The Bank of New York, as Trustee (the “Trustee”) (the “Standard Terms”) of Nasdaq-100 Trust, Series 1 and any subsequent and similar series of the Nasdaq-100 Trust (the “Trust”) is made as of April 17, 2001, by and between NIPS and The Bank of New York, as Trustee. Capitalized terms used in this Amendment No. 1 and not otherwise defined herein have the respective meanings assigned to such terms in the Standard Terms.