0001615774-17-005626 Sample Contracts

ETF MANAGERS CAPITAL LLC (a Delaware limited liability company) Instrument Establishing New Series of ETF Managers Group Commodity Trust I September 29, 2017
ETF Managers Group Commodity Trust I • October 6th, 2017 • Commodity contracts brokers & dealers

WHEREAS, Section 4.2(b) of the Amended and Restated Declaration of Trust and Trust Agreement (the “Trust Agreement”) of ETF Managers Group Commodity Trust I (the “Trust”) provides that new series of the Trust may be established and designated upon the execution by ETF Managers Capital LLC (the “Company”), the Trust’s sponsor, of an instrument setting forth such establishment and designation and the relative rights and preferences of such series;

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FORM OF FIRST AMENDMENT TO MARKETING AGENT AGREEMENT
Marketing Agent Agreement • October 6th, 2017 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AGREEMENT is made and entered into as of this _____ day of October, 2017 on behalf of ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”) by and between ETF MANAGERS CAPITAL, LLC a Delaware limited liability company (the “Sponsor”), and ETF MANAGERS CAPITAL, LLC , a Delaware limited liability company (the “Marketing Agent”).

FORM OF SERVICES AGREEMENT
Form of Services Agreement • October 6th, 2017 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • New Jersey

This Services Agreement (“Agreement”) is made and entered into as of the ---st day of----, 2017 (“Effective Date”), by and between ETF Managers Capital LLC (“ETFMC”), a Delaware limited liability company with its principal place of business at 30 Maple Street, Suite 2, Summit, NJ 07901 and Breakwave Advisors LLC(“Breakwave”) a Delaware limited liability company with its principal place of business at 2 South End Avenue, TH3, New York, New York 10280.

FORM OF FIRST AMENDMENT TO TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • October 6th, 2017 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AGREEMENT is made and entered into as of this _____ day of October, 2017, by and between ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).

FORM OF FIRST AMENDMENT TO FUND ACCOUNTING AGREEMENT
Fund Accounting Agreement • October 6th, 2017 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AGREEMENT is made and entered into as of this _____ day of October, 2017, by and between ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).

FORM OF FIRST AMENDMENT TO FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • October 6th, 2017 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS amendment is made and entered into as of this _____ day of October, 2017, by and between ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).

FORM OF FIRST AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • October 6th, 2017 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

THIS AGREEMENT is made and entered into as of this _____ day of October, 2017 by and between ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

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