SECOND AMENDMENT DATED AS OF FEBRUARY 19, 2013 TO THE MARKETING AGENT AGREEMENT DATED AS OF MARCH 31, 2010 AS AMENDEDJULY 30, 2012

Contract Categories: Business Operations - Marketing Agreements
EX-10.7 3 v333981_ex10-7.htm EXHIBIT 10.7

 

SECOND AMENDMENT

DATED AS OF FEBRUARY 19, 2013

TO THE MARKETING AGENT AGREEMENT

DATED AS OF MARCH 31, 2010 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 BRENT OIL FUND, LP (“USBO”).

 

WITNESSETH

 

The parties have previously entered into that certain Marketing Agent Agreement dated as of March 31, 2010, 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 USBO hereby acknowledge and agree as follows:

 

1.   Amendment to the Agreement.  Upon execution of this Amendment by ALPS, USCF and USBO, 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 BRENT OIL 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  

  

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