Amendment No. 3 to Custody Agreement

EX-10.6 6 ea175560ex10-6_etfman1.htm AMENDMENT NO. 3 TO CUSTODY AGREEMENT

Exhibit 10.6

 

THIRD AMENDMENT TO THE ETF MANAGERS COMMODITY TRUST

CUSTODY AGREEMENT

 

THIS AMENDMENT, dated as of the last date of the signature block, to the Custody Agreement, dated as of December 2nd, 2015, as amended (the “Agreement”), is entered into by and between U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”)., ETF MANAGERS GROUP COMMODITY TRUST I, a Delaware statutory trust (the “Trust”) and ETF MANAGERS CAPITAL LLC, the sponsor of the series of the Trust, listed in exhibit A of the Agreement (the “Sponsor”).

 

RECITALS

 

WHEREAS, the parties have entered into the Agreement; and

 

WHEREAS, the parties desire to add a fund to Exhibit A & C-1; and

 

WHEREAS, Section 15 of the Agreement allows for its amendment by a written instrument executed by the Parties and authorized or approved by the Board of Trustees of the Trust.

 

NOW, THEREFORE, the parties hereby agree that

 

1.Exhibit A is hereby superseded and replaced in its entirety with Exhibit A attached hereto.

 

2.Exhibit C-1 is hereby superseded and replaced in its entirety with Exhibit C-1 attached hereto.

 

3.Except to the extent amended hereby, the Agreement shall remain in full force and effect.

 

SIGNATURES ON NEXT PAGE

 

 

 

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 and year first written above.

 

ETF MANAGERS GROUP COMMODITY TRUST I  
   
By: ETF Managers Capital LLC  
   
Name: John A. Flanagan, Chief Financial Officer  
   
Signature:  /s/ John A. Flanagan  
   
Date: 9/22/22  
   
ETF MANAGERS CAPITAL LLC  
   
By: /s/ Matthew Bromberg  
   
Name: Matther Bromberg  
   
Title: General Counsel  
   
Date: 9/22/22  
   
U.S. BANK, N.A.  
   
By: /s/ Gregory Farley  
   
Name: Gregory Farley  
   
Title: SVP  
   
Date: 10/06/2022  

 

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Exhibit A to the Custody Agreement - ETF Managers Group Commodity Trust I

 

Separate Series of ETF Managers Group Commodity Trust I

 

Name of Series

 

1.Breakwave Dry Bulk Shipping ETF  - Fee Schedule Exhibit C-1 at February 2018 applies

 

2.Breakwave Tanker Shipping ETF – Fee Schedule Exhibit C-1 at February 2018 applies

 

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Exhibit C-1 to the Custody Agreement- ETF Managers Group Commodity Trust I – Breakwave Tanker Shipping ETF

 

 

 

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