SECOND AMENDMENT DATED AS OF FEBRUARY 19, 2013 TO THE MARKETING AGENT AGREEMENT DATED AS OF OCTOBER 30, 2009, AS AMENDEDJULY 30, 2012

Contract Categories: Business Operations - Marketing Agreements
EX-10.4 3 v333985_ex10-4.htm EXHIBIT 10.4

 

SECOND AMENDMENT

DATED AS OF FEBRUARY 19, 2013

TO THE MARKETING AGENT AGREEMENT

DATED AS OF OCTOBER 30, 2009, AS AMENDED JULY 30, 2012

 

AMENDMENT AGREEMENT (the “Amendment”) dated as of February 19, 2013 between ALPS DISTRIBUTORS, INC. (“ALPS”), UNITED STATES COMMODITY FUNDS LLC and UNITED STATES 12 MONTH NATURAL GAS FUND, LP (“US12NG”).

 

WITNESSETH

 

The parties have previously entered into that certain Marketing Agent Agreement dated as of October 30, 2009, as amended July 30, 2012 (the “Agreement”).  The parties have agreed to amend the Agreement in accordance with the terms of this Amendment.

 

NOW, THEREFORE, in consideration of the mutual agreements herein contained, ALPS, USCF and US12NG hereby acknowledge and agree as follows:

 

1.   Amendment to the Agreement.  Upon execution of this Amendment by ALPS, USCF and US12NG, the Agreement shall be hereby amended as follows:

 

(a)   Section 4.3 of the Agreement, “Marketing Agent Fee” shall be amended by adding the following:

 

In no event will the Marketing Agent Fee exceed 10% of the gross proceeds of the Fund’s offering.

 

 
 

 

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their respective officers or authorized representatives as of the day and year first above written.

 

UNITED STATES COMMODITY FUNDS LLC  
   
By: /s/ Howard Mah  
  Name: Howard Mah  
  Title: Management Director  

 

UNITED STATES 12 MONTH NATURAL GAS FUND, LP  
   
  By: United States Commodity Funds LLC, as General Partner  
   
    By: /s/ Howard Mah  
      Name: Howard Mah  
      Title: Management Director  

 

ALPS DISTRIBUTORS, INC  
   
By: /s/ Thomas A. Carter  
  Name: Thomas A. Carter  
  Title: President  

 

2