0000898432-14-000472 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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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 __, 2014
Depositary Trust Agreement • March 20th, 2014 • Merk Gold Trust • Commodity contracts brokers & dealers • New York

THIS DEPOSITARY TRUST AGREEMENT dated as of [______], 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 [ _______, 2014]
Transaction and Shipping Agreement • March 20th, 2014 • Merk Gold Trust • Commodity contracts brokers & dealers • New York

THIS TRANSACTION AND SHIPPING AGREEMENT, dated as of [_______, 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.

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