AGREEMENT AND DECLARATION OF TRUST of FactorShares TrustAgreement and Declaration of Trust • November 20th, 2012 • FactorShares Trust • Delaware
AGREEMENT AND DECLARATION OF TRUST made as of June 30, 2009, as revised to reflect a change in the name of the Trust effected as of September 24, 2009, by the Trustees hereunder, and by the holders of Shares to be issued by FactorShares Trust (the “Trust”) hereunder as hereinafter provided.
FACTORSHARES TRUST INVESTMENT ADVISORY AGREEMENT with Factor Advisors, LLCInvestment Advisory Agreement • November 20th, 2012 • FactorShares Trust • Delaware
This INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made as of this 19th day of October, 2012 by and between FACTORSHARES TRUST (the “Trust”), a Delaware statutory trust, and FACTOR ADVISORS, LLC, a Delaware limited liability company with its principal place of business at One Penn Plaza, 36th Floor, New York, New York 10119 (the “Adviser”).
DISTRIBUTION AGREEMENTDistribution Agreement • November 20th, 2012 • FactorShares Trust • New York
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • November 20th, 2012 • FactorShares Trust • New York
THIS AGREEMENT is made and entered into as of this 12th day of September, 2012, by and between FACTORSHARES TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).
FUND ACCOUNTING SERVICING AGREEMENTFund Accounting Servicing Agreement • November 20th, 2012 • FactorShares Trust • New York
THIS AGREEMENT is made as of this 12th day of September, 2012 by and between FACTORSHARES TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).
PURE FUNDS SHARES, EACH A SERIES OF THE FACTORSHARES TRUST FORM OF AUTHORIZED PARTICIPANT AGREEMENT QUASAR DISTRIBUTORS, LLC MILWAUKEE, WI 53202Authorized Participant Agreement • November 20th, 2012 • FactorShares Trust • Delaware
This Authorized Participant Agreement (the “Agreement”) is entered into by and between Quasar Distributors, LLC (the “Distributor”) and [ ] (the “Participant”) and is subject to acceptance by U.S. Bancorp Fund Services, LLC (the “Index Receipt Agent”) as index receipt agent for the Pure Funds ETFs, each a separate series of the FactorShares Trust (the “Trust” and, together with the Distributor, Participant, Index Receipt Agent, and Trust, the “Parties”).
CUSTODY AGREEMENTCustody Agreement • November 20th, 2012 • FactorShares Trust • New York
Exhibit C (continued) to the Custody Agreement GLOBAL SUB-CUSTODIAL SERVICES ANNUAL FEE SCHEDULE at September, 2012 Country Instrument Safekeeping (BPS) Transaction Fee Country Instrument Safekeeping (BPS) Transaction Fee Argentina All 12.00 $32 Lithuania All 16.00 $40 Australia All 1.00 $15 Luxembourg All 3.20 $20 Austria All 1.70 $17 Malaysia All 2.90 $39 Bahrain All 40.00 $112 Mali* All 32.00 $124 Bangladesh All 32.00 $120 Malta All 17.60 $60 Belgium All 1.20 $22 Mauritius All 24.00 $80 Benin* All 32.00 $124 Mexico All 1.50 $10 Bermuda All 12.00 $48 Morocco All 28.00 $80 Botswana All 20.00 $40 Namibia All 24.00 $40 Brazil All 7.20 $17 Netherlands All 1.50 $12 Bulgaria All 32.00 $64 New Zealand All 2.00 $26 Burkina Faso* All 32.00 $124 Niger* All 32.00 $124 Canada All 0.75 $4 Nigeria All 24.00 $40 Cayman Islands* All 0.80 $8 Norway All 1.50 $22 Channel Islands* All 1.20 $20 Oman All 40.00 $112 Chile All 16.00 $48 Pakistan All 24.00 $80 China“A” Shares All 9.60 $42 Palestinian Autonom
FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • November 20th, 2012 • FactorShares Trust • New York
NOTE: Prices above are based on using U.S. Bancorp primary pricing service which may vary by security type and are subject to change. Use of alternative and/or additional sources may result in additional fees.
ESPOSITO PARTNERS, LLCSub-Advisory Agreement • November 20th, 2012 • FactorShares Trust • Texas
AGREEMENT made this 19th day of October, 2012 by and between Factor Advisors, LLC, a Delaware limited liability company with its principal place of business at One Penn Plaza, 36th Floor, New York, New York 10119 (the “Adviser”), and Esposito Partners, LLC, a Delaware limited liability company with its principal place of business at 300 Crescent Court, Suite 650, Dallas, Texas 75201 (the “Sub-adviser”).
SUBLICENSE AGREEMENTSublicense Agreement • November 20th, 2012 • FactorShares Trust
This Sublicense Agreement (the “Sublicense Agreement”), dated as of November __, 2012, is made by and among FactorShares Trust (the “Sublicensee”), International Securities Exchange, LLC (“ISE”), and PureShares LLC (“PureShares” or the “Sublicensor”).
Amendment No. 1Business Management Agreement • November 20th, 2012 • FactorShares Trust
This Amendment No. 1 (the “Amendment”), to the Business Management Agreement (the “Agreement”), dated as of October 19, 2012, by and between FactorShares Trust (the “Trust”), on behalf of the PureFunds ISE Diamond/Gemstone ETF, PureFunds ISE Mining Service ETF, and PureFunds ISE Junior Silver (Small Cap Miners/Explorers) ETF (each a “Fund,” and together the “Funds”), and PureShares LLC (the “Manager”), is made as of this 9th day of November, 2012 by and between the Trust and the Manager.
FACTORSHARES TRUST and PURESHARES LLC BUSINESS MANAGEMENT AGREEMENTBusiness Management Agreement • November 20th, 2012 • FactorShares Trust • New York
AGREEMENT, dated October 19, 2012, by and between the FACTORSHARES TRUST (the “Trust”), on behalf of the PureFunds ISE Diamond/Gemstone ETF, PureFunds ISE Mining Service ETF, and PureFunds ISE Junior Silver (Small Cap Miners/Explorers) ETF (each a “Fund,” and together the “Funds”), and PureShares LLC (the “Manager”).
