Vs Trust Sample Contracts

TRUST AGREEMENT OF VS TRUST
Trust Agreement • August 26th, 2020 • Vs Trust • Commodity contracts brokers & dealers • Delaware

In consideration of the agreements and obligations set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following agreement is entered into as of, October 24, 2019, by VOLATILITY SHARES LLC, a Delaware limited liability company, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as the Delaware trustee, for the purpose of establishing a Delaware statutory trust in accordance with the provisions hereinafter set forth:

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TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • December 6th, 2019 • Vs Trust • Commodity contracts brokers & dealers • New York

THIS AGREEMENT is made and entered into as of [ ] by and between VS TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • August 26th, 2020 • Vs Trust • Commodity contracts brokers & dealers • New York

THIS FUND ADMINISTRATION SERVICING AGREEMENT (the “Agreement”) is made and entered into as of [ ] by and between VS Trust, a Delaware statutory trust (the “Trust”) and Tidal ETF Services LLC, a Delaware limited liability company (“Tidal”).

CUSTODY AGREEMENT
Custody Agreement • December 6th, 2019 • Vs Trust • Commodity contracts brokers & dealers • New York

THIS AGREEMENT is made and entered into as of [ ] by and between VS TRUST, 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 with its principal place of business at Minneapolis, Minnesota (the “Custodian”).

FORM OF SPONSOR AGREEMENT
Form of Sponsor Agreement • December 6th, 2019 • Vs Trust • Commodity contracts brokers & dealers • New York

THIS SPONSOR AGREEMENT (the “Agreement”) is dated as of between Volatility Shares LLC, a Delaware limited liability corporation (“Sponsor”) and VS Trust, a statutory trust organized under the laws of Delaware (the “Trust”), both for itself and on behalf of each of its currently operating series (each, a “Fund” and collectively, the “Funds”).

FUND SUB-ADMINISTRATION SERVICING AGREEMENT
Fund Sub-Administration Servicing Agreement • August 26th, 2020 • Vs Trust • Commodity contracts brokers & dealers • New York

THIS AGREEMENT is made and entered into as of [ ] by and between TIDAL ETF SERVICES LLC (the “Administrator” or “Tidal”), with respect to VS Trust, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”)

COMMODITY SUB-ADVISERY AGREEMENT
Commodity Sub-Advisery Agreement • November 3rd, 2021 • Vs Trust • Commodity contracts brokers & dealers • New York

AGREEMENT dated as of the ____________, between Volatility Shares, LLC, a limited liability company with its principal place of business in New York (herein called the “Sponsor”), and ______________ a __________________ with its principal place of business in _________(herein called the “Commodity Sub-Adviser”) (the “Agreement”).

ADVANTAGE FUTURES CLIENT AGREEMENT
Advantage Futures Client Agreement • December 6th, 2019 • Vs Trust • Commodity contracts brokers & dealers • Illinois

In consideration of Advantage Futures LLC (“Advantage”) accepting and maintaining for the undersigned Client (“Client”) one or more accounts (collectively referred to as “the Account”) and Advantage’s agreement to act as broker for the Client for execution clearing, and/or carrying of transactions as Advantage agrees to accept for the purchase and sale of futures contracts, options on futures, foreign exchange transactions, physical or cash commodities, and exchange for physical (“EFP”,) or any similar instruments which may be purchased, sold or cleared by or through a futures commission merchant (individually a “Contract” or collectively, “Contracts”). Client agrees to the terms and conditions as set forth below in this Futures Client Agreement (“Agreement”):

FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • August 26th, 2020 • Vs Trust • Commodity contracts brokers & dealers • New York

THIS AGREEMENT is made and entered into as of [ ] by and between VS TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”)

COMMODITY SUB-ADVISERY AGREEMENT
Sub-Advisery Agreement • September 26th, 2022 • Vs Trust • Commodity contracts brokers & dealers • New York

AGREEMENT dated as of 7/13/2022 , between Volatility Shares, LLC, a limited liability company with its principal place of business at 2000 PGA Blvd. Suite 4440 Palm Beach Gardens FL 33408 (herein called the “Sponsor”), and Penserra Capital Management LLC, a New York limited liability company with its principal place of business at 4 Orinda Way, Suite 100-A Orinda, CA 94563 (herein called the “Commodity Sub-Adviser”) (the “Agreement”).

MARKETING AGENT AGREEMENT
Marketing Agent Agreement • August 26th, 2020 • Vs Trust • Commodity contracts brokers & dealers • New York

THIS AGREEMENT is made and entered into as of ___________________________, by and among VS Trust, Delaware trust (the “Trust”), Volatility Shares LLC, a Delaware limited liability company (the “Sponsor” and collectively with the Trust, as “Client”), and Foreside Fund Services, LLC, a Delaware limited liability company (“Foreside”).

COMMODITY SUB-ADVISORY AGREEMENT
Commodity Sub-Advisory Agreement • December 6th, 2019 • Vs Trust • Commodity contracts brokers & dealers • New York

AGREEMENT dated as of the day of , 2019, between Volatility Shares, LLC, a limited liability company with its principal place of business in New York (herein called the “Sponsor”), and Csat Investment Advisory, L.P. d/b/a Exponential ETFs, a limited partnership with its principal place of business in Michigan (herein called the “Commodity Sub-Adviser”) (the “Agreement”).

FORM OF VS TRUST AUTHORIZED PARTICIPANT AGREEMENT
Trust Authorized Participant Agreement • December 6th, 2019 • Vs Trust • Commodity contracts brokers & dealers • New York

This Authorized Participant Agreement (the “Agreement”), dated as of __________, is entered into by and among ________________ (the “Authorized Participant”), VS Trust, a Delaware statutory trust (the “Trust”), and Volatility Shares LLC, a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”).

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