THE TRUSTEE AND THE SPONSOR 17. Section 5.1 Maintenance of Office and Transfer Books by the Trustee 17 Section 5.2 Prevention or Delay in Performance by the Sponsor or the Trustee 17 Section 5.3 Obligations of the Sponsor and the Trustee 18 Section 5.4 Resignation or Removal of the Trustee; Appointment of Successor Trustee 22 Section 5.5 The Custodian 23 Section 5.6 Indemnification 24 Section 5.7 Charges of Trustee 25 Section 5.8 Charges of Sponsor 26 Section 5.9 Retention of Trust Documents 27 Section 5.10 Federal Securities Law Filings 27 Section 5.11 Prospectus Delivery 28 Section 5.12 Discretionary Actions by Trustee; Consultation 28 Section 5.13 Dissolution of the Sponsor Not to Terminate Trust 28 Article VI. AMENDMENT AND TERMINATION 28
THE TRUSTEE AND THE SPONSOR 17. Section 5.1 Maintenance of Office and Transfer Books by the Trustee 17
THE TRUSTEE AND THE SPONSOR 17. Section 5.1 Maintenance of Office and Transfer Books by the Trustee. 17 Section 5.2 Prevention or Delay in Performance by the Sponsor or the Trustee. 17 Section 5.3 Obligations of the Sponsor and the Trustee. 18 Section 5.4 Resignation or Removal of the Trustee; Appointment of Successor Trustee. 22 Section 5.5 The Custodian. 23 Section 5.6 Indemnification. 24 Section 5.7 Charges of Trustee. 25 Section 5.8 Charges of Sponsor. 26 Section 5.9 Retention of Trust Documents. 26 Section 5.10 Federal Securities Law Filings. 27 Section 5.11 Prospectus Delivery. 27 Section 5.12 Discretionary Actions by Trustee; Consultation. 27 Section 5.13 Dissolution of the Sponsor Not to Terminate Trust. 28 Article VI. AMENDMENT AND TERMINATION 28 Section 6.1 Amendment. 28 Section 6.2 Termination. 28 Article VII. MISCELLANEOUS 30 Section 7.1 Counterparts. 30 Section 7.2 Third-Party Beneficiaries. 30 Section 7.3 Severability. 31 Section 7.4 Certain Matters Relating to Beneficial Owners. 31 Section 7.5 Notices. 31 Section 7.6 Agent for Service; Submission to Jurisdiction. 33 Section 7.7 Governing Law. 33 iii DEPOSITARY TRUST AGREEMENT THIS DEPOSITARY TRUST AGREEMENT dated as of [ ], 2009, between ETF SECURITIES USA LLC, a Delaware limited liability company, as sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.
