Common use of SUMMARY Clause in Contracts

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust pursuant to an Amended and Restated Declaration of Trust and Trust Agreement dated as of October 21, 2010 (the “Trust Agreement”). The Administrator and Foreside Fund Services, LLC (the “Marketing Agent”) each serve as agents of the Sponsor and/or the Trust for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent herein shall be deemed references to agreements, obligations or duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectus, as supplemented and amended from time to time (each a “Prospectus”), common units of fractional undivided beneficial interest in and ownership of a Fund (the “Shares”) may be created or redeemed through the Transfer Agent by the Authorized Purchaser in aggregations of a specified number of Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 and the provisions of a Prospectus, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust pursuant to an Amended and Restated Declaration of Trust and Trust Agreement dated as of October 21, 2010 (the “Trust Agreement”). The Administrator and Foreside Fund Services, LLC (the “Marketing AgentDistributor”) each serve as agents of the Sponsor and/or the Trust for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent Distributor herein shall be deemed references to agreements, obligations or duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectus, as supplemented and amended from time to time (each a “Prospectus”), common units of fractional undivided beneficial interest in and ownership of a Fund (the “Shares”) may be created or redeemed through the Transfer Agent by the Authorized Purchaser in aggregations of a specified number of Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 and the provisions of a Prospectus, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust pursuant to an Amended and Restated Declaration of Trust and Trust Agreement dated as of October 21____________, 2010 2023 (the “Trust Agreement”). The Administrator BNY Mellon and Foreside Fund Global Services, LLC (the “Marketing AgentOrder Examiner”) each serve as agents of the Sponsor and/or the Trust for all the purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent Order Examiner herein shall be deemed references to agreements, obligations or duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fundthe Trust’s prospectus, which is contained in the Trust’s Registration Statement (as defined below) as supplemented and amended from time to time (each a the “Prospectus”), common units of fractional undivided beneficial interest in and ownership of a Fund the Trust (the “Shares”) may be created or redeemed through the Transfer Agent by the Authorized Purchaser Participant in aggregations of a specified number of Shares stated in a Fund’s the Prospectus and restated in Exhibit E hereto (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a FundTrust, as declared effective by the Securities and Exchange Commission (the “SEC”) and remaining effective and current, and no stop order having been issued with respect to it, and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers Participants are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. To the extent there is a conflict between any provision of this Agreement (other than the indemnities provided in Section 10 10) and the provisions of a the Prospectus, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust pursuant to an Amended and Restated a Declaration of Trust and Trust Agreement dated as of October 21[ ], 2010 2018 (the “Trust Agreement”). The Administrator and Foreside Fund Services, LLC [ ] (the “Marketing AgentDistributor”) each serve as agents of the Sponsor and/or the Trust for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent Distributor herein shall be deemed references to agreements, obligations or duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectus, as supplemented and amended from time to time (each a “Prospectus”), common units of fractional undivided beneficial interest in and ownership of a Fund (the “Shares”) may be created or redeemed through the Transfer Agent by the Authorized Purchaser in aggregations of a specified number of Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 and the provisions of a Prospectus, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust and each Fund pursuant to an Amended and Restated the Declaration of Trust and Trust Agreement dated as of October 21May 2012, 2010 as amended or supplemented from time to time (the “Trust Agreement”). The Administrator Xxxxx Brothers Xxxxxxxx Co. (the “Administrator” or “Custodian”) and Foreside Fund Services, LLC ALPS Distributors (the “Marketing Agent”) each serve as agents of the Sponsor and/or the Trust and for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent herein shall be deemed references to agreements, obligations or of duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectusthe prospectus of the applicable Fund (the “Prospectus”), as supplemented and amended from time to time (each a “Prospectus”)time, common units Units of fractional undivided beneficial interest in and ownership of a such Fund (the “SharesUnits”) may be created or redeemed through the Transfer Marketing Agent by the Authorized Purchaser in aggregations of a specified number of Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto fifty thousand (50,000) Units (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. applicable Prospectus of each Fund and the defined terms in the applicable schedules to this Agreement or to the applicable Amendment for each fund as listed on Annex A. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 9 and the provisions of a Prospectusthe applicable Prospectus of each Fund, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust pursuant to an the Second Amended and Restated Declaration of Trust and Trust Agreement dated as of October 21, 2010 (the “Trust Agreement”). The Administrator and Foreside Fund Services, LLC (the “Marketing AgentDistributor”) each serve as agents of the Sponsor and/or the Trust for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent Distributor herein shall be deemed references to agreements, obligations or duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectus, as supplemented and amended from time to time (each a “Prospectus”), common units of fractional undivided beneficial interest in and ownership of a Fund (the “Shares”) may be created or redeemed through the Transfer Agent by the Authorized Purchaser in aggregations of a specified number of Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 and the provisions of a Prospectus, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust pursuant to an Amended and Restated Declaration of Trust and Trust Agreement dated as of October 21, 2010 2017 (the “Trust Agreement”). The Administrator BNY Mellon and Foreside Fund Services, LLC (the “Marketing AgentOrder Examiner”) each serve as agents of the Sponsor and/or the Trust for all the purposes of this Agreement, and all references to agreements, obligations or duties of the AdministratorBNY Mellon, Transfer Agent, Custodian or Marketing Agent Order Examiner herein shall be deemed references to agreements, obligations or duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fundthe Trust’s prospectus, as supplemented and amended from time to time (each a the “Prospectus”), common units of fractional undivided beneficial interest in and ownership of a Fund the Trust (the “Shares”) may be created or redeemed through the Transfer Agent by the Authorized Purchaser Participant in aggregations of a specified number of Shares stated in a Fund’s the Prospectus and restated in Exhibit E hereto (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a FundTrust, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers Participants are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 and the provisions of a the Prospectus, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust pursuant to an Amended and Restated Declaration of Trust and Trust Agreement dated as of October 21____________, 2010 (the “Trust Agreement”). The Administrator and Foreside Fund ServicesALPS Distributors, LLC Inc. (the “Marketing Agent”) each serve as agents of the Sponsor and/or the Trust for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent herein shall be deemed references to agreements, obligations or duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectus, as supplemented and amended from time to time (each a “Prospectus”), common units of fractional undivided beneficial interest in and ownership of a Fund (the “Shares”) may be created or redeemed through the Transfer Agent by the Authorized Purchaser in aggregations of a specified number of one hundred thousand (100,000) Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 and the provisions of a Prospectus, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust and each Fund pursuant to an Amended and Restated the Declaration of Trust and Trust Agreement dated as of October 21May 2012, 2010 as amended or supplemented from time to time (the “Trust Agreement”). The Administrator Xxxxx Brothers Xxxxxxxx Co. (the “Administrator” or “Custodian”) and Foreside Fund Services, LLC ALPS Distributors (the “Marketing Agent”) each serve as agents of the Sponsor and/or the Trust and for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent herein shall be deemed references to agreements, obligations or of duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectusthe prospectus of the applicable Fund (the “Prospectus”), as supplemented and amended from time to time (each a “Prospectus”)time, common units Units of fractional undivided beneficial interest in and ownership of a such Fund (the “SharesUnits”) may be created or redeemed through the Transfer Marketing Agent by the Authorized Purchaser in aggregations of a specified number of Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto fifty thousand (50,000) Units (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. applicable Prospectus of each Fund and the defined terms in the applicable schedules to this Agreement or to the applicable Amendment for each fund as listed on Annex A. To the Exhibit 10.1 extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 9 and the provisions of a Prospectusthe applicable Prospectus of each Fund, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust and each Fund pursuant to an the Third Amended and Restated Declaration of Trust and Trust Agreement dated as of October 21March 22, 2010 2013, as amended or supplemented from time to time (the “Trust Agreement”). The Administrator Xxxxx Brothers Xxxxxxxx Co. (the “Administrator” or “Custodian”) and Foreside Fund Services, LLC ALPS Distributors (the “Marketing Agent”) each serve as agents of the Sponsor and/or the Trust and for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent herein shall be deemed references to agreements, obligations or of duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectusthe prospectus of the applicable Fund (the “Prospectus”), as supplemented and amended from time to time (each a “Prospectus”)time, common units Units of fractional undivided beneficial interest in and ownership of a such Fund (the “SharesUnits”) may be created or redeemed through the Transfer Marketing Agent by the Authorized Purchaser Participant in aggregations of a specified number of Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto one fifty thousand (50,000) Units (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers Participants are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. applicable Prospectus of each Fund and the defined terms in the applicable schedules to this Agreement or to the applicable Amendment for each fund as listed on Annex A. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 9 and the provisions of a Prospectusthe applicable Prospectus of each Fund, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust and each Fund pursuant to an the Second Amended and Restated Declaration of Trust and Trust Agreement dated as of October 21[___________], 2010 2017, as amended or supplemented from time to time (the “Trust Agreement”). The Administrator Bxxxx Brothers Hxxxxxxx Co. (the “Administrator” or “Custodian”) and Foreside Fund ServicesALPS Distributors, LLC Inc. (the “Marketing Agent”) each serve as agents of the Sponsor and/or the Trust and for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent herein shall be deemed references to agreements, obligations or of duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectusthe prospectus of the applicable Fund (the “Prospectus”), as supplemented and amended from time to time (each a “Prospectus”)time, common units Units of fractional undivided beneficial interest in and ownership of a such Fund (the “SharesUnits”) may be created or redeemed through the Transfer Marketing Agent by the Authorized Purchaser Participant in aggregations of a specified number of Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto one fifty thousand (50,000) Units (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers Participants are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. applicable Prospectus of each Fund and the defined terms in the applicable schedules to this Agreement or to the applicable Amendment for each fund as listed on Annex A. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 9 and the provisions of a Prospectusthe applicable Prospectus of each Fund, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust pursuant to an a First Amended and Restated Declaration of Trust and Trust Agreement dated as of October 21March 10, 2010 2023 (the “Trust Agreement”). The Administrator and Foreside Fund Services, LLC (the “Marketing AgentDistributor”) each serve as agents of the Sponsor and/or the Trust for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent Distributor herein shall be deemed references to agreements, obligations or duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectus, as supplemented and amended from time to time (each a “Prospectus”), common units of fractional undivided beneficial interest in and ownership of a Fund (the “Shares”) may be created or redeemed through the Transfer Agent by the Authorized Purchaser in aggregations of a specified number of Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 and the provisions of a Prospectus, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust and each Fund pursuant to an the Third Amended and Restated Declaration of Trust and Trust Agreement dated as of October 21March 22, 2010 2013, as amended or supplemented from time to time (the “Trust Agreement”). The Administrator Xxxxx Brothers Xxxxxxxx Co. (the “Administrator”, “Transfer Agent” or “Custodian”) and Foreside Fund Services, LLC ALPS Distributors (the “Marketing Agent”) each serve as agents of the Sponsor and/or the Trust and for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent herein shall be deemed references to agreements, obligations or of duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectusthe prospectus of the applicable Fund (the “Prospectus”), as supplemented and amended from time to time (each a “Prospectus”)time, common units Units of fractional undivided beneficial interest in and ownership of a such Fund (the “SharesUnits”) may be created or redeemed through the Transfer Marketing Agent by the Authorized Purchaser in aggregations of a specified number of Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto fifty thousand (50,000) Units (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. applicable Prospectus of each Fund and the defined terms in the applicable schedules to this Agreement or to the applicable Amendment for each fund as listed on Annex A. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 9 and the provisions of a Prospectusthe applicable Prospectus of each Fund, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust and each Fund pursuant to an the Amended and Restated Declaration of Trust and Trust Agreement dated as of October 21April 1, 2010 2010, as amended or supplemented from time to time (the “Trust Agreement”). The Administrator Xxxxx Brothers Xxxxxxxx Co. (the “Administrator” or “Custodian”) and Foreside Fund Services, LLC ALPS Distributors (the “Marketing Agent”) each serve as agents of the Sponsor and/or the Trust and for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent herein shall be deemed references to agreements, obligations or of duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectusthe prospectus of the applicable Fund (the “Prospectus”), as supplemented and amended from time to time (each a “Prospectus”)time, common units Units of fractional undivided beneficial interest in and ownership of a such Fund (the “SharesUnits”) may be created or redeemed through the Transfer Marketing Agent by the Authorized Purchaser in aggregations of a specified number of Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto one hundred thousand (100,000) Units (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. applicable Prospectus of each Fund and the defined terms in the applicable schedules for each fund as listed on Annex A. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 9 and the provisions of a Prospectusthe applicable Prospectus of each Fund, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows:

SUMMARY. The Sponsor serves in its capacity as Sponsor of the Trust pursuant to an Amended and Restated Declaration of Trust and Trust Agreement dated as of October 21____________, 2010 (the “Trust Agreement”). The Administrator Bank of New York Mellon (the “Administrator,” “Transfer Agent” or “Custodian”) and Foreside Fund ServicesALPS Distributors, LLC Inc. (the “Marketing Agent”) each serve as agents of the Sponsor and/or the Trust for all purposes of this Agreement, and all references to agreements, obligations or duties of the Administrator, Transfer Agent, Custodian or Marketing Agent herein shall be deemed references to agreements, obligations or duties of the Sponsor or the Trust acting through the relevant agent. As provided in the Trust Agreement and described in each Fund’s prospectus, as supplemented and amended from time to time (each a “Prospectus”), common units of fractional undivided beneficial interest in and ownership of a Fund (the “Shares”) may be created or redeemed through the Transfer Agent by the Authorized Purchaser in aggregations of a specified number of one hundred thousand (100,000) Shares stated in a Fund’s Prospectus and restated in Exhibit E hereto (each aggregation, a “Creation Basket” or “Redemption Basket,” respectively; collectively, “Baskets”). Creation Baskets are offered only pursuant to the most recent registration statement of the Trust with respect to a Fund, as declared effective by the Securities and Exchange Commission (the “SEC”) and as the same may be amended from time to time thereafter (collectively, the “Registration Statement”). Authorized Purchasers are the only persons that may place orders to create and redeem Creation Baskets or Redemption Baskets. Capitalized terms used but not defined in this Agreement shall have the meanings assigned to such terms in the relevant Prospectus. To the extent there is a conflict between any provision of this Agreement other than the indemnities provided in Section 10 9 and the provisions of a Prospectus, the provisions of the Prospectus shall control. To give effect to the foregoing premises and in consideration of the mutual covenants and agreements set forth below, the parties hereto agree as follows: