VanEck Merk Gold Trust Sample Contracts

AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • March 20th, 2014 • Merk Gold Trust • Commodity contracts brokers & dealers • New York

AUTHORIZED PARTICIPANT AGREEMENT (this “Agreement”) dated as of [DATE] among (i) [AUTHORIZED PARTICIPANT], a [company] organized under the laws of [JURISDICTION OF AP] (the “Authorized Participant”), (ii) The Bank of New York Mellon, a New York Banking corporation acting in its capacity as trustee (in such capacity, the “Trustee”) of the Merk Gold Trust (the “Trust”), created under New York law pursuant to a Depositary Trust Agreement between the Trustee and the Sponsor, as defined herein, dated [ ], 2014, as it may be amended from time to time (the “Trust Agreement”), and (iii) Merk Investments LLC, in its capacity as sponsor of the Trust (in such capacity, the “Sponsor”).

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DEPOSITARY TRUST AGREEMENT Between MERK INVESTMENTS LLC, as Sponsor and THE BANK OF NEW YORK MELLON, as Trustee
Depositary Trust Agreement • May 7th, 2014 • Merk Gold Trust • Commodity contracts brokers & dealers • New York

THIS DEPOSITARY TRUST AGREEMENT dated as of May 6, 2014, between MERK INVESTMENTS LLC, a Delaware limited liability company, as sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.

TRANSACTION AND SHIPPING AGREEMENT By and between MERK INVESTMENTS LLC, as Sponsor of the Merk Gold Trust and COINS ‘N THINGS INC. as a Precious Metals Dealer Dated as of May 2, 2014
Transaction and Shipping Agreement • May 7th, 2014 • Merk Gold Trust • Commodity contracts brokers & dealers • New York

THIS TRANSACTION AND SHIPPING AGREEMENT, dated as of May 2, 2014, is by and between MERK INVESTMENTS LLC, a Delaware limited liability company, as sponsor of the Merk Gold Trust, and COINS ‘N THINGS Inc., a Massachusetts corporation, as Precious Metals Dealer.

JPMORGAN CHASE BANK, N.A. and THE BANK OF NEW YORK MELLON solely in its capacity as trustee of the Merk Gold Trust and not individually TRUST UNALLOCATED ACCOUNT AGREEMENT
Unallocated Account Agreement • May 7th, 2014 • Merk Gold Trust • Commodity contracts brokers & dealers • London

THIS UNALLOCATED ACCOUNT AGREEMENT (this “Agreement”) is made with effect on and from May 6, 2014. BETWEEN (1) JPMORGAN CHASE BANK, N.A, whose principal place of business in England is at 25 Bank Street, Canary Wharf, London E14 5JP (the “Custodian”); and (2) THE BANK OF NEW YORK MELLON, a New York banking corporation, solely in its capacity as trustee of the Merk Gold Trust created under the Trust Agreement identified below and not individually (the “Trustee”), which expression shall, wherever the context so admits, include the named Trustee and all other persons or companies for the time being the trustee or trustees of the Trust Agreement (as defined below) as trustee for the Shareholders (as defined below). INTRODUCTION (1) The Trustee has agreed to act as trustee for the Shareholders of the Shares pursuant to the Trust Agreement. (2) An Authorized Participant may apply to become a Shareholder by: (i) applying for Shares in accordance with an Authorized Participant Agreement and (i

TRUST ALLOCATED ACCOUNT AGREEMENT
Allocated Account Agreement • May 7th, 2014 • Merk Gold Trust • Commodity contracts brokers & dealers
MERK GOLD TRUST FIRST AMENDMENT TO DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • October 26th, 2015 • Van Eck Merk Gold Trust • Commodity contracts brokers & dealers • New York

This FIRST AMENDMENT TO DEPOSITARY TRUST AGREEMENT (this “Amendment”), dated as of October 22, 2015, is by and between Merk Investments LLC (“Merk Investments”), a Delaware limited liability company, as the sponsor of the Merk Gold Trust (in such capacity, the “Sponsor”), and THE BANK OF NEW YORK MELLON, a New York banking corporation, as the trustee of the Merk Gold Trust (the “Trustee”):

FORM OF DEPOSITARY TRUST AGREEMENT Between MERK INVESTMENTS, LLC, as Sponsor and THE BANK OF NEW YORK MELLON, as Trustee MERK GOLD TRUST Dated as of ________, 2012
Depositary Trust Agreement • April 20th, 2012 • Merk Gold Trust • New York

THIS DEPOSITARY TRUST AGREEMENT dated as of _______, 2012, between MERK INVESTMENTS, LLC, a Delaware limited liability company, as sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.

MARKETING AGENT AGREEMENT
Marketing Agent Agreement • October 26th, 2015 • Van Eck Merk Gold Trust • Commodity contracts brokers & dealers • New York
VAN ECK MERK GOLD TRUST SECOND AMENDMENT TO DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • April 29th, 2016 • VanEck Merk Gold Trust • Commodity contracts brokers & dealers • New York

This SECOND AMENDMENT TO DEPOSITARY TRUST AGREEMENT (this “Amendment”), dated as of April 28, 2016, is by and between Merk Investments LLC (“Merk Investments”), a Delaware limited liability company, as the sponsor of the Van Eck Merk Gold Trust (in such capacity, the “Sponsor”), and THE BANK OF NEW YORK MELLON, a New York banking corporation, as the trustee of the Van Eck Merk Gold Trust (the “Trustee”):

Amendment to Marketing Agent Agreement
Marketing Agent Agreement • September 4th, 2020 • VanEck Merk Gold Trust • Commodity contracts brokers & dealers

This Amendment is made by and between MERK INVESTMENTS LLC (“Merk”), a Delaware limited liability company, for itself and as sponsor of VanEck Merk Gold Trust (the “Trust”) (Ticker: OUNZ) and VAN ECK SECURITIES CORPORATION (“VanEck” and together with Merk, the “Parties), a Delaware corporation.

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