EX-10.5
from S-1
16 pages
This Non-Custody Investment Advisory Agreement (This “Agreement”) Is Made This [•] Day of [•], 2014, by and Among AccuShares Commodities Trust I (The “Trust”), a Delaware Statutory Trust on Behalf of Each of Its Separate Fund Series Listed on Schedule a Attached Hereto and Made a Part Hereof (Each a “Fund” and Collectively the “Funds”), AccuShares Investment Management, LLC, a Delaware Limited Liability Company and Party Hereto Solely for the Purpose of Paragraph Ii(b) Hereof (The “Sponsor”), and Wilmington Trust, National Association, a National Banking Association (The “Investment Advisor”). Whereas, the Trust Is Authorized to Issue Shares of Beneficial Interest in Separate Fund Series With Each Such Fund Series Representing Interests in a Separate Portfolio of Securities and Other Assets; Whereas, the Trust Desires to Retain the Investment Advisor to Render Certain Investment Management Services to Each Fund, and the Investment Advisor Is Willing to Render Such Services; Whereas, the Sponsor Has Undertaken to the Pay the Trust’s Costs Arising Hereunder, Including the Fees Payable to the Investment Advisor in Accordance With This Agreement; and Whereas, Capitalized Terms Not Otherwise Defined in This Agreement Have the Meanings Assigned to Them in the Second Amended and Restated Trust Agreement of the Trust Dated as of [•], 2014 (The “Trust Agreement”) Between Wilmington Trust, National Association, as Trustee, and the Sponsor. Now, Therefore, in Consideration of the Premises and of the Mutual Covenants Set Forth Herein, the Parties Hereby Mutually Agree as Follows: I. Agreements and Covenants of Investment Advisor. Investment Advisor Agrees and Covenants: (A) the Investment Advisor Shall Provide the Following Services (The “Services”) for Each Fund
12/34/56
EX-10.1
from S-1
20 pages
Whereas, Each Fund, Pursuant to the Trust Agreement, Is Authorized to Issue Its Shares in a Pair of Offsetting Classes (Each, a “Class”), With Each Such Class Representing Interests in Such Fund’s Assets, as Set Forth Under the Trust Agreement and as Described in the Funds’ Most Current Prospectus(es) Contained in the Registration Statement (As Amended and Supplemented From Time to Time, the “Prospectus”); and Whereas, Each Fund Will Issue and Redeem Its Shares Only in Aggregations of Shares Known as “Creation Units,” Generally in Exchange for a Specified Cash Payment, as More Fully Described in Such Fund’s Prospectus. Now, Therefore, in Consideration of the Mutual Covenants and Agreements Hereinafter Contained, the Parties Hereto Agree as Follows: Section 1. Employment of Custodian and Property to Be Held by It
12/34/56