0001193125-10-142380 Sample Contracts

Jefferies S&P 500 VIX Short-Term Futures ETF 100,000 Shares Initial Purchaser Agreement
Jefferies S&P 500 VIX Short-Term Futures ETF • June 18th, 2010 • Investors, nec • New York
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FORM OF JEFFERIES S&P 500 VIX SHORT-TERM FUTURES ETF PARTICIPANT AGREEMENT
Participant Agreement • June 18th, 2010 • Jefferies S&P 500 VIX Short-Term Futures ETF • Investors, nec • New York

The undersigned, a duly authorized officer of Jefferies Commodity Investment Services, LLC, a Delaware limited liability company, the managing owner (the “Managing Owner”) of Jefferies S&P 500 VIX Short-Term Futures ETF (the “Trust”), and pursuant to Section 13(c) of the Jefferies S&P 500 VIX Short-Term Futures ETF Participant Agreement (the “Participant Agreement”), dated as of 20 , as amended from time-to-time, by and among the Managing Owner, the Trust and (the “Authorized Participant”), hereby certify that:

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TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • June 18th, 2010 • Jefferies S&P 500 VIX Short-Term Futures ETF • Investors, nec • New York

AGREEMENT made as of the day of , 2010, by and between each Trust (each, individually, a “Trust” and collectively, the “Trusts”) listed on Appendix I hereto (as such Appendix be amended from time to time), and THE BANK OF NEW YORK MELLON, a New York banking company having its principal office and place of business at One Wall Street, New York, New York 10286 (the “Bank”).

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FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • June 18th, 2010 • Jefferies S&P 500 VIX Short-Term Futures ETF • Investors, nec • New York

AGREEMENT made as of , 2010, by and between each Fund listed on Exhibit A (each a “Fund” and collectively, the “Funds”), and The Bank of New York Mellon, a New York banking organization (“BNY”).

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GLOBAL CUSTODY AGREEMENT
Global Custody Agreement • June 18th, 2010 • Jefferies S&P 500 VIX Short-Term Futures ETF • Investors, nec • New York

AGREEMENT, dated as of , 2010, by and between each entity listed in Exhibit A attached hereto, severally and not jointly, and The Bank of New York Mellon (“Custodian”).

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ETF Master Agreement
Etf Master Agreement • June 18th, 2010 • Jefferies S&P 500 VIX Short-Term Futures ETF • Investors, nec • New York
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