United States Short Oil Fund, LP Sample Contracts

UNITED STATES SHORT OIL FUND, LP Third Amended and Restated Agreement of Limited Partnership
United States Short Oil Fund, LP • December 15th, 2017 • Commodity contracts brokers & dealers • Delaware

o the entity is not subject to United States federal income taxation and it is (a) not a pass-through entity or (b) a pass-through entity, but not all of its beneficial owners are subject to United States federal income taxation on the income generated by the Partnership. Important Note — by checking this box, the Assignee is contradicting its certification that it is an Eligible Holder.

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FORM OF UNITED STATES SHORT OIL FUND, LP AUTHORIZED PURCHASER AGREEMENT
Authorized Purchaser Agreement • April 6th, 2015 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers • New York

This United States Short Oil Fund, LP Authorized Purchaser Agreement (the “Agreement”), dated as of [ ], is entered into by and among United States Short Oil Fund, LP (the “Fund”), United States Commodity Funds LLC, a Delaware limited liability company and the general partner of United States Short Oil Fund, LP (the “General Partner”), on behalf of itself and as General Partner of United States Short Oil Fund, LP, and [ ], a [ ] (the “Authorized Purchaser”).

SIXTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF UNITED STATES COMMODITY FUNDS LLC Dated as of May 15, 2015
Limited Liability Company Agreement • March 24th, 2016 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers
UNITED STATES SHORT OIL FUND, LP MARKETING AGENT AGREEMENT
Marketing Agent Agreement • November 16th, 2009 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers • New York

MARKETING AGENT AGREEMENT (the “Agreement”) made as of June 8, 2009, by and among United States Short Oil Fund, LP, a Delaware limited partnership (the “Fund”), United States Commodity Fund, a Delaware limited liability company, as General Partner of the Fund (the “General Partner”) and ALPS Distributors, Inc., a Colorado corporation (the “Marketing Agent”).

CUSTODIAN AGREEMENT
Custodian Agreement • November 16th, 2009 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers • New York

THIS CUSTODIAN AGREEMENT (this “Agreement”), dated as of October 7, 2008, is entered into among UNITED STATES SHORT OIL FUND, LP, a limited partnership organized under the laws of the State of Delaware (the Fund), UNITED STATES COMMODITY FUNDS LLC, a Delaware limited liability company and General Partner of the Fund (the General Partner), and BROWN BROTHERS HARRIMAN & CO., a limited partnership formed under the laws of the State of New York (BBH&Co. or the Custodian),

FIFTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF UNITED STATES COMMODITY FUNDS LLC Dated as of July 22, 2011
Limited Liability Company Agreement • March 28th, 2012 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers

THIS FIFTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT of UNITED STATES COMMODITY FUNDS LLC, is entered into as of the 22nd day of July, 2011, by Wainwight Holdings, Inc., as the sole member of the limited liability company.

FORM OF UNITED STATES SHORT OIL FUND, LP AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • March 21st, 2016 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers • New York

This United States Short Oil Fund, LP Authorized Participant Agreement (the “Agreement”), dated as of [ DATE], 2016, is entered into by and among United States Short Oil Fund, LP (the “Fund”), United States Commodity Funds LLC, a Delaware limited liability company and the general partner of the Fund (the “General Partner”), on behalf of itself and as General Partner of United States Short Oil Fund, LP, and [Insert name of Authorized Participant and type of company (Corporation, LLC, Inc., LLP)], a [state of incorporation/formation] (the “Authorized Participant”).

ADMINISTRATIVE AGENCY AGREEMENT
Administrative Agency Agreement • November 16th, 2009 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers • New York

THIS ADMINISTRATIVE AGENCY AGREEMENT (the “Agreement”) is made as of October 7, 2008 by and among BROWN BROTHERS HARRIMAN & CO., a limited partnership organized under the laws of the State of New York (the “Administrator”), UNITED STATES COMMODITY FUNDS LLC, a Delaware limited liability company (the “General Partner”) and UNITED STATES SHORT OIL FUND, LP, a limited partnership organized under the laws of the State of Delaware (the “Fund”).

THIRD AMENDMENT TO THE LICENSE AGREEMENT
License Agreement • October 24th, 2011 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers • New York

This Third Amendment (“Amendment”) dated as of October 20, 2011 is by and among the New York Mercantile Exchange, Inc. (“NYMEX”), United States Commodity Funds LLC (“USCF”) as General Partner to the Funds listed in ATTACHMENT A hereto (the “Funds”) and the Funds.

DIRECTOR DEFERRED COMPENSATION AGREEMENT
Director Deferred Compensation Agreement • April 1st, 2010 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers • California

This DIRECTOR DEFERRED COMPENSATION AGREEMENT (“Agreement”) is effective as of April 1, 2010, by and between United States Commodity Funds LLC, a Delaware limited liability company (the “Company”), each of the Funds (as defined below), and the undersigned director of the Company (the “Director”).

ADMINISTRATIVE AGENCY AGREEMENT
Administrative Agency Agreement • January 23rd, 2009 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers • New York

THIS ADMINISTRATIVE AGENCY AGREEMENT (the “Agreement”) is made as of October 7, 2008 by and among BROWN BROTHERS HARRIMAN & CO., a limited partnership organized under the laws of the State of New York (the “Administrator”), UNITED STATES COMMODITY FUNDS LLC, a Delaware limited liability company (the “General Partner”) and UNITED STATES SHORT OIL FUND, LP, a limited partnership organized under the laws of the State of Delaware (the “Fund”).

UNITED STATES SHORT OIL FUND, LP AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP
Agreement • January 23rd, 2009 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers • Delaware

This Amended and Restated Agreement of Limited Partnership (this “Agreement”) executed on ______________________ 2008, is entered into by and among United States Commodity Funds LLC, a Delaware limited liability company, as General Partner, Wainwright Holdings, Inc., a Delaware corporation, as the Organizational Limited Partner, and Kellogg Capital Group, LLC, as a Limited Partner, together with any Persons who shall hereafter be admitted as Partners in accordance with this Agreement.

AMENDMENT NO. 1 TO CUSTODIAN AGREEMENT
Custodian Agreement • August 14th, 2012 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers

This Amendment No. 1 to the Custodian Agreement dated as of July 30, 2012, is entered into among UNITED STATES SHORT OIL FUND, LP, a limited partnership organized under the laws of the State of Delaware (the “Fund”), UNITED STATES COMMODITY FUNDS LLC, a Delaware limited liability company and General Partner of the Fund (the “General Partner”), and BROWN BROTHERS HARRIMAN & CO., a limited partnership formed under the laws of the State of New York (“BBH & Co.” or the “Custodian”),

UNITED STATES SHORT OIL FUND, LP AMENDMENT NO. 1 TO MARKETING AGENT AGREEMENT
Marketing Agent Agreement • August 14th, 2012 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers

This Amendment No. 1 dated July 30, 2012 to the Marketing Agent Agreement by and among United States Short Oil Fund, LP, a Delaware limited partnership (the “Fund”), United States Commodity Funds LLC, a Delaware limited liability company, as General Partner of the Fund (the “General Partner”) and ALPS Distributors, Inc., a Colorado corporation (the “Marketing Agent”).

AGREEMENT OF LIMITED PARTNERSHIP OF UNITED STATES SHORT OIL FUND, LP
United States Short Oil Fund, LP • July 17th, 2008 • Delaware

This Agreement of Limited Partnership of United States Short Oil Fund, LP is entered into on June 30, 2008 (this “Agreement”), by and between United States Commodity Funds LLC, a Delaware limited liability company, as general partner (the “General Partner”), and Wainwright Holdings, Inc., a Delaware corporation, as limited partner (the “Organizational Limited Partner”).

AMENDMENT NO. 1 TO ADMINISTRATIVE AGENCY AGREEMENT
Administrative Agency Agreement • August 14th, 2012 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers

This Amendment No. 1 to the Administrative Agency Agreement dated as of July 30, 2012, is entered into among UNITED STATES SHORT OIL FUND, LP, a limited partnership organized under the laws of the State of Delaware (the “Fund”), UNITED STATES COMMODITY FUNDS LLC, a Delaware limited liability company and General Partner of the Fund (the “General Partner”), and BROWN BROTHERS HARRIMAN & CO., a limited partnership formed under the laws of the State of New York (“BBH & Co.” or the “Administrator”),

SECOND AMENDMENT DATED AS OF FEBRUARY 19, 2013 TO THE MARKETING AGENT AGREEMENT DATED AS OF JUNE 8, 2009, AS AMENDED JULY 30, 2012
Marketing Agent Agreement • March 26th, 2013 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers

The parties have previously entered into that certain Marketing Agent Agreement dated as of June 8, 2009, as amended July 30, 2012 (the “Agreement”). The parties have agreed to amend the Agreement in accordance with the terms of this Amendment.

UNITED STATES SHORT OIL FUND, LP FORM OF INDEMNIFICATION AGREEMENT
Form of Indemnification Agreement • May 19th, 2009 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers • Delaware

This Indemnification Agreement (this “Agreement”), dated as of __________, 2009, is entered into by and among United States Short Oil Fund, LP (the “Partnership”), United States Commodity Funds LLC, a Delaware limited liability company (the “General Partner”), on behalf of itself and as General Partner of United States Short Oil Fund, LP, and _______________ (the “Limited Partner”), and a limited partner of the Partnership pursuant to the First Amended and Restated Agreement of Limited Partnership dated as of the date hereof, as amended or supplemented from time to time (the “Limited Partnership Agreement”). Capitalized terms that are used but not defined herein shall have the meaning given to such defined terms in the Limited Partnership Agreement.

UNITED STATES SHORT OIL FUND, LP INDEMNIFICATION AGREEMENT
Indemnification Agreement • November 16th, 2009 • United States Short Oil Fund, LP • Commodity contracts brokers & dealers • Delaware

This Indemnification Agreement (this “Agreement”), dated as of April 13, 2009, is entered into by and among United States Short Oil Fund, LP (the “Partnership”), United States Commodity Funds LLC, a Delaware limited liability company (the “General Partner”), on behalf of itself and as General Partner of United States Short Oil Fund, LP, and IMC-Chicago, LLC, an Illinois limited liability company (the “Limited Partner”), and a limited partner of the Partnership pursuant to the First Amended and Restated Agreement of Limited Partnership dated as of the date hereof, as amended or supplemented from time to time (the “Limited Partnership Agreement”). Capitalized terms that are used but not defined herein shall have the meaning given to such defined terms in the Limited Partnership Agreement.

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