Amendment No. 3 to Marketing Agent Agreement by and among ETF Managers Group Commodity Trust I, ETF Managers Capital, LLC, and ETFMG Financial LLC

Summary

This amendment, dated March 30, 2023, updates the existing Marketing Agent Agreement between ETF Managers Group Commodity Trust I, its sponsor ETF Managers Capital, LLC, and marketing agent ETFMG Financial LLC. The amendment adds the Breakwave Tanker Shipping ETF as a new fund to the list of funds covered by the agreement. All other terms of the original agreement remain unchanged. The parties have executed this amendment to reflect the inclusion of the new fund.

EX-10.3 4 ea175560ex10-3_etfman1.htm AMENDMENT NO. 3 TO MARKETING AGENT AGREEMENT

Exhibit 10.3

 

ETF MANAGERS GROUP COMMODITY TRUST I

 

Amendment No. 3 to Marketing Agent Agreement

 

THIS AGREEMENT is made and entered into as of this 30th day of March, 2023 on behalf of ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”), by and between ETF MANAGERS CAPITAL, LLC, a Delaware limited liability company (the “Sponsor”), and ETFMG Financial LLC, a Delaware limited liability company (the “Marketing Agent”). 

 

WHEREAS, the Trust is authorized to issue shares of beneficial interest in separate series, with each such series representing interests in a separate portfolio of securities and other assets; 

 

WHEREAS, the Marketing Agent is a broker-dealer registered with the Securities and Exchange Commission and is regulated by the Financial Industry Regulatory Authority as a FINRA member firm; and 

 

WHEREAS, the Sponsor and the Marketing Agent have entered into an agreement dated March 1, 2017 (the “Agreement”) whereby the Marketing Agent has agreed to provide certain services to each series of the Trust listed on Schedule B (as amended from time to time) (each a “Fund” and collectively, the “Funds”); and 

 

WHEREAS, the parties wish to amend Schedule B of the Agreement to include a new separate series of the Trust, the Breakwave Tanker Shipping ETF; 

 

NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows:

 

1.Schedule B is hereby amended to include the following fund: Breakwave Tanker Shipping ETF.

 

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a duly authorized officer on one or more counterparts as of the date first above written. 

 

ETF MANAGERS GROUP COMMODITY TRUST I  ETFMG FINANCIAL LLC
    
By ETF Managers Capital, on behalf of the Trust    
     
/s/ Samuel Masucci, III   /s/ Samuel Masucci, III
Samuel Masucci, III   Samuel Masucci, III
President   Chief Executive Officer