Market Vectors Etf Trust Sample Contracts

RETAIL HOLDRS TRUST AMENDMENT NO. 1 TO THE DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • August 15th, 2011 • Retail Holdrs Trust • Asset-backed securities • New York

AMENDMENT NO. 1 TO THE DEPOSITARY TRUST AGREEMENT (this “Amendment”), dated as of August 11, 2011, between Merrill Lynch, Pierce, Fenner & Smith Incorporated, as initial depositor (the “Initial Depositor”), and The Bank of New York Mellon (formerly known as The Bank of New York), as trustee (the “Trustee”), all Depositors and all Owners and Beneficial Owners from time to time of Depositary Trust Receipts issued under the Depositary Trust Agreement referred to below.

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EXCHANGE AGENT AGREEMENT (Retail HOLDRS Trust)
Exchange Agent Agreement • September 30th, 2011 • Market Vectors Etf Trust • New York

THIS EXCHANGE AGENT AGREEMENT (Retail HOLDRs Trust) (this “Agreement”) between Market Vectors ETF Trust, a Delaware statutory trust (the “Offeror”), Van Eck Associates Corporation, a Delaware corporation (the “Parent”), and The Bank of New York Mellon, a New York banking corporation (the “Agent”), is dated as of _______________, 2011.

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