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ETFS Collateralized Commodities Trust

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EX-10.7
from S-1/A 11 pages This Master Confirmation Agreement (“Master Confirmation Agreement”) Is Dated as of [ ] 2011 and Is Made Between ETFS Collateralized Commodities Trust, a Delaware Statutory Trust, Whose Office Is Located at C/O Etf Securities USA LLC, [Ordnance House, 31 Pier Road, St Helier, Jersey, Channel Islands] (The “Trust”), on Behalf of Each Separate Series (Each a “Fund”) as Set Forth in Schedule a Hereto and [Counterparty] (The “Counterparty”) of [Address]. This Contractual Format Is Solely for the Purpose of Documentary Simplification. Pursuant to the Delaware Statutory Trust Act (As Amended) and the Trust Agreement of the Trust, Any Party Extending Credit To, Contracting With or Having Any Claim Against Any Fund of the Trust May Look Only to the Assets of Such Fund to Satisfy or Enforce Any Debt With Respect to That Fund. Each Party Agrees That for All Purposes, This Master Confirmation Agreement Constitutes as Many Distinct Master Confirmation Agreements as There Are Funds Listed in Schedule a to This Master Confirmation Agreement and Each Relating to One Such Fund. Any References in This Master Confirmation Agreement to a Transaction Supplement, New Transaction Supplement or Transaction Termination Supplement (As Defined Below) Refer to a Transaction Supplement, New Transaction Supplement or Transaction Termination Supplement as Prepared for Such Fund. 1 Part 1 - Preliminary
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EX-10.3
from S-1/A 31 pages Custody Agreement 1 1. Intention of the Parties; Definitions 1 1.1 Intention of the Parties 1 1.2 Definitions 1 2. What J.P. Morgan Is Required to Do 3 2.1 Set Up Accounts 3 2.2 Cash Account 4 2.3 Segregation of Assets; Nominee Name 4 2.4 Settlement of Transactions 5 2.5 Contractual Settlement Date Accounting 5 2.6 Actual Settlement Date Accounting 6 2.7 Income Collection (Autocredit®) 6 2.8 Miscellaneous Administrative Duties 6 2.9 Corporate Actions 7 2.10 Class Action 7 2.11 Proxies 7 2.12 Statements of Account 8 2.13 Access to J.P. Morgan’s Records 8 2.14 Tax Relief Services 9 2.15 Notification 9 3. Instructions 9 3.1 Acting on Instructions; Method of Instruction and Unclear Instructions 9 3.2 Verification and Security Procedures 9 3.3 Instructions Contrary to Law/Market Practice 10 3.4 Cut-Off Times 10 3.5 Electronic Access 10 4. Fees, Expenses and Other Amounts Owing to J.P. Morgan 10 4.1 Fees and Expenses 10 4.2 Overdrafts 10 4.3 J.P. Morgan’s Right Over Securities; Set-Off 11 5. Securities Depositories 11 5.1 Use of Securities Depositories 11 6. Additional Provisions Relating to Customer 12 6.1 Representations of Customer and J.P. Morgan 12 6.2 Customer to Provide Certain Information to J.P. Morgan 12
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