UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM
CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
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Item 1.01 Entry into a Material Definitive Agreement
Effective August 14, 2023 (the “Effective Date”), ETF Managers Capital LLC (the “Sponsor”), on behalf of ETF Managers Group Commodity Trust I (the “Trust”) and it series (each a “Fund” and, together, the “Funds”), entered into a Marketing Agent Agreement (the “Current Agreement”) with Foreside Fund Services, LLC (“Foreside”), pursuant to which Foreside assists the Sponsor and the Funds with certain functions and duties relating to distribution and marketing, including reviewing and approving marketing materials and certain regulatory compliance matters. Foreside also assists with the processing of creation and redemption orders.
Pursuant to the Current Agreement, the Sponsor has agreed to indemnify Foreside against certain liabilities, including liabilities under the Securities Act of 1933, as amended.
The foregoing is a summary description of the Current Agreement, a copy of which is filed with this Current Report on Form 8-K as Exhibit 10.2 and is incorporated by reference.
Item 1.02. Termination of a Material Definitive Agreement
As of the Effective Date, the prior Marketing Agent Agreement, dated March 1, 2017, between the Sponsor, on behalf of the Trust, and ETFMG Financial LLC (“ETFMG Financial”), was terminated as if the term of the prior agreement was scheduled to expire on the Effective Date. ETFMG Financial previously provided marketing services to the Trust and was identified in each Fund’s Prospectus as the “Distributor.” ETFMG Financial will no longer provide any services to the Trust.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
| Exhibit No. | Description | |
| 10.2 | Marketing Agent Agreement | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| ETF Managers Group Commodity Trust I | ||
| By: | /s/ Matthew Bromberg | |
| Name: | Mathew Bromberg | |
| Title: | ETF Managers Capital LLC, sponsor of | |
| ETF Managers Commodity Trust I | ||
| Chief Executive Officer | ||
Dated: August 16, 2023
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