0000930413-10-005985 Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT OF ETFS COLLATERALIZED COMMODITIES TRUST
Trust Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • Delaware

WHEREAS, the Sponsor and the Trustee have heretofore created the Trust pursuant to the DSTA (as hereinafter defined) by entering into a trust agreement, dated as of May 27, 2010 (the “Original Trust Agreement”), and by executing and filing with the Secretary of State of the State of Delaware the Certificate of Trust; and

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FORM OF SPONSOR AGREEMENT
Form of Sponsor Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

THIS SPONSOR AGREEMENT (the “Agreement”) is dated as of ________________ between ETF Securities USA LLC, a Delaware limited liability company (“Sponsor”), and ETFS Collateralized Commodities Trust, a statutory trust organized under the laws of Delaware (the “Trust”), both for itself and on behalf of each of its series set forth on Schedule A hereto (each, a “Fund” and, collectively, the “Funds”).

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Form of Control and Custodian Agreement
Control and Custodian Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

This Agreement dated as of ________ (the “Agreement”), among [_____________] (the “Secured Party”), _______________ (the “Pledgor”) and ________________________, as custodian hereunder (the “Collateral Manager”).

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AGENCY SERVICES AGREEMENT
Form of Agency Services Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

THIS AGENCY SERVICESAGREEMENT made as of the ___ day of ____________, 2010 between__________ a national banking association with a place of business at _______________________ (“Bank”) and ETF Securities USA LLC, a Delaware limited liability company not in its individual capacity, but as Sponsor (as defined herein) of the ETFS Collateralized Commodities Trust, a Delaware statutory trust currently organized into separate series with offices at c/o ETF Securities USA LLC, 48 Wall Street, 11ith Floor, New York, New York 10005 (the “Trust”).

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FORM OF FUND SERVICING AGREEMENT
Fund Servicing Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

This Agreement, dated [__________________], [20__], is between________________________________, whose principal place of business is at ___________________________. (“__________”) and ETF SECURITIES USA LLC, a Delaware limited liability company (“ETFS”) for services to be provided to ETFS COLLATERALIZED COMMODITIES TRUST, a Delaware statutory trust currently organized into separate series (“Funds”) with offices at c/o ETF Securities USA LLC, 48 Wall Street, 11ith Floor, New York, New York 10005 (the “Trust”).

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FACILITY AGREEMENT For the entering into and termination of COMMODITY CONTRACTS
Facility Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York

NOW THEREFORE in consideration of the mutual covenants, conditions, representations, and warranties set forth herein, it is hereby agreed as follows:

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FORM OF ETFS COLLATERALIZED COMMODITIES TRUST AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • December 13th, 2010 • ETFS Collateralized Commodities 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”), ETFS Collateralized Commodities Trust, a Delaware statutory trust (the “Trust”), on behalf of its separate series therein (“Funds”), and ETF Securities USA LLC, a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”).

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Dated: ______________________ ETFS COLLATERALIZED COMMODITIES TRUST FORM OF DIRECT AGREEMENT (relating to Funds established each as a separate series within the Trust) between: [COUNTERPARTY] and [AUTHORIZED PARTICIPANT]
Direct Agreement • December 13th, 2010 • ETFS Collateralized Commodities Trust • Commodity contracts brokers & dealers • New York
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