DEPOSITARY TRUST AGREEMENT AMONG BANK OF MONTREAL,Depositary Trust Agreement • May 9th, 2017 • Vaulted Gold Bullion Trust • Commodity contracts brokers & dealers • Delaware
This SECOND AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT is agreed to as of , 2017 (the “Agreement”) by and among BANK OF MONTREAL, a Canadian chartered bank (the “Initial Depositor”), BMO CAPITAL MARKETS CORP., a broker-dealer affiliate of the Initial Depositor, THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee (the “Trustee”), and BNY MELLON TRUST OF DELAWARE, a Delaware banking corporation, as Delaware trustee (with any successor Delaware banking corporation acting as a Delaware trustee, the “Delaware Trustee”).
Distribution AgreementDistribution Agreement • May 9th, 2017 • Vaulted Gold Bullion Trust • Commodity contracts brokers & dealers • New York
Vaulted Gold Bullion Trust, a Delaware trust (the “Trust”), and Bank of Montreal, a Canadian chartered bank (the “Initial Depositor” and together with the Trust, the “Offerors”) and BMO Capital Markets Corp. are parties to that certain Distribution Agreement, dated June 29, 2016. Now the Offerors and BMO Capital Markets Corp. have agreed to amend and restate the Distribution Agreement in its entirety as follows:
