FactorShares 2X: S&P500 Bull/USD Bear 200,000 Shares Initial Purchaser AgreementFactorShares 2X: S&P500 Bull/Usd Bear • January 21st, 2011 • Commodity contracts brokers & dealers • New York
Factor Capital Management, LLC, a Delaware limited liability company (the “Managing Owner”), has sponsored the formation of FactorShares 2X: S&P500 Bull/USD Bear (the “Fund”), a Delaware statutory trust, for which Wilmington Trust Company, a Delaware banking corporation, acts as the sole trustee (the “Trustee”).
DISTRIBUTION SERVICES AGREEMENT Registered Commodity PoolsDistribution Services Agreement • January 21st, 2011 • FactorShares 2X: S&P500 Bull/Usd Bear • Commodity contracts brokers & dealers • New York
This Distribution Services Agreement (the “Agreement”) is made this 12th day of August 2010, by and among each Delaware statutory trust set forth on Exhibit A attached hereto (each a “Fund” and collectively, the “Funds”), each having its principal place of business at 1 Penn Plaza, 36th Floor, New York, NY 10119, Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”), having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101, and Factor Capital Management, LLC, a Delaware limited liability company (the “Managing Owner”), with its principal place of business at 1 Penn Plaza, 36th Floor, New York, NY 10119.
TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • January 21st, 2011 • FactorShares 2X: S&P500 Bull/Usd Bear • Commodity contracts brokers & dealers • Massachusetts
THIS AGREEMENT is dated as of August 11, 2010 and effective as of effective date of the Trusts’ initial Registration Statement (as hereinafter defined), by and between STATE STREET BANK AND TRUST COMPANY, a trust company chartered under the laws of the Commonwealth of Massachusetts having its principal office and place of business at One Lincoln Center, Boston, Massachusetts 02111 (“State Street” or the “Transfer Agent”), and each trust set forth on Exhibit A, each organized as a Delaware statutory trust (each a “Trust” and collectively, the “Trusts”).
FORM OF PARTICIPANT AGREEMENTForm of Participant Agreement • January 21st, 2011 • FactorShares 2X: S&P500 Bull/Usd Bear • Commodity contracts brokers & dealers • New York
