8-K
United States Commodity Index Funds Trust (USCI)
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UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): April 29, 2025
UNITED
STATES COMMODITY INDEX FUNDS TRUST
(Exact name of registrant as specified in its charter)
| Delaware | 001-34833 | 27-1537655 |
|---|---|---|
| (State or other jurisdiction | (Commission File Number) | (I.R.S.<br> Employer |
| of incorporation) | Identification No.) | |
| 1850 Mt. Diablo Boulevard, Suite 640 | ||
| --- | --- | |
| (510) 522-9600 | Walnut Creek, California 94596 | |
| Registrant's telephone number, | (Address of principal executive offices) (Zip Code) | |
| including area code |
Not Applicable
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
| ☐ | Written communication pursuant<br>to Rule 425 under the Securities Act (17 CFR 230.425) |
|---|---|
| ☐ | Soliciting material pursuant<br>to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| --- | --- |
| ☐ | Pre-commencement communications<br>pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| --- | --- |
| ☐ | Pre-commencement communications<br>pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
| --- | --- |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Securities registered pursuant to Section 12(b) of the Act:
| Title of each class | Trading Symbol(s) | Name of each exchange on which registered: |
|---|---|---|
| Shares of United States<br> Commodity Index Fund | USCI | NYSE Arca, Inc. |
| Shares of United States Copper Index Fund | CPER | NYSE Arca, Inc. |
Item 1.01. Entry into a Material Definitive Agreement.
On April 28, 2025, United States Commodity Funds LLC (“USCF”) entered into the First Amendment to the Amended and Restated Licensing Agreement, with SummerHaven Index Management, LLC (“SHIX”), amending the Amended and Restated Licensing Agreement by and between USCF, SHIX, and solely with respect to Section 3(g)(iii), SummerHaven Investment Management, LLC (“SHIM”), entered into as of May 1, 2018, as amended from time to time (the “Licensing Agreement”). Under the Licensing Agreement, SHIX grants to USCF, and certain funds that are sponsored by USCF, a license to use certain proprietary indexes for the management of the funds, as well as the use of certain names and marks, including the SummerHaven Copper Index. Pursuant to the First Amendment to the Licensing effective retroactively as of January 17, 2025 (the “Amendment”), the parties have agreed to amend the Licensing Agreement to provide that USCF consents to the licensing by SHIX of the SummerHaven Copper Index and the service mark “SCI” to Tidal Investments LLC or one of its related entities. All other terms and conditions of the Licensing Agreement shall remain in full force and effect.
Item 9.01.Financial Statements andExhibits.
Exhibit 10.1 First Amendment to Amended and Restated Licensing Agreement.
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.
| UNITED STATES COMMODITY INDEX FUNDS TRUST | |||
|---|---|---|---|
| By: | United States Commodity Funds LLC, its<br> sponsor | ||
| Date: | April 29, 2025 | By: | /s/ John P. Love |
| Name: | John P. Love | ||
| Title: | Chief Executive Officer |
Exhibit 10.1
Execution Copy
FIRST AMENDMENT tothe
Amendedand Restated Licensing Agreement
This First Amendment to the Amended and Restated Licensing Agreement made and entered into as of May 1, 2018, as amended from time to time (the “Agreement”), is made effective retroactively as of January 17, 2025 (the “Amendment”) by and between (i) SummerHaven Index Management, LLC (“SHIX”), a Delaware limited liability company with its principal place of business at 1266 East Main Street, Soundview Plaza, Fourth Floor, Stamford, CT 06902, (ii) United States Commodity Funds LLC (“USCF”), a Delaware limited liability company with its principal place of business at 1850 Mt. Diablo Blvd, Suite 650, Walnut Creek, CA 94596, (iii) solely with respect to Section 3(g)(iii) of this Agreement, SummerHaven Investment Management, LLC (“SHIM”), a Delaware limited liability company with its principal place of business at 1266 East Main Street, Soundview Plaza, Fourth Floor, Stamford, CT 06902. Capitalized terms that are used but not defined herein shall have the meaning given to them in the Agreement.
WITNESSETH
WHEREAS, the parties desire to amend the Agreement to provide that USCF consents to the licensing by SHIX of the SummerHaven Copper Index and the service mark SCI to Tidal Investments LLC or one of its related entities in connection with the USCF Daily Target 2X Copper Index ETF (the “ETF”);
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:
| 1. | Section 1(b) of the Agreement is revised to read as follows: “SHIX reserves all rights with<br> respect to each Index and the Service Marks except those expressly licensed to USCF hereunder; however, SHIX shall not grant any<br> license permitting the use of the Service Marks or any Index for an exchange-traded fund on any U.S. or foreign securities exchange<br> by any party other than USCF or the Fund (x) for as long as this Agreement remains in effect, and (y) for three (3) months following<br> the termination of this Agreement but only if a termination has occurred by SHIX under Section 3(a) or Sections 3(g)(i), 3(g)(ii) or<br> 3(g)(iv) hereto or by USCF under Section 3(a) hereto. Notwithstanding the foregoing or anything else in this Agreement to the<br> contrary, and without otherwise impacting the exclusivity of the foregoing license, USCF acknowledges and agrees that SHIX may grant<br> a non-transferable, non-exclusive license to Tidal Investments LLC or one of its related entities permitting the limited use of the<br> SummerHaven Copper Index and the Service Mark SCI solely in connection with the ETF as set forth in the Services and Licensing<br> Agreement effective as of January 17, 2025 by and between SHIX and Tidal Investments LLC.” |
|---|---|
| 2. | All other terms and conditions of the Agreement shall remain in full force and effect and the Agreement<br>shall be read and construed as if the terms of this Amendment were included therein by way of addition or substitution, as the case may<br>be. |
| --- | --- |
| 3. | This Amendment shall be governed by and construed solely and exclusively in accordance with the laws<br> of the State of New York, without reference to its conflicts of law principles. |
| --- | --- |
| 4. | This Amendment may be executed and delivered by facsimile or electronic mail and may be executed in two<br>or more counterparts, each of which shall be deemed an original and all such counterparts taken together shall be deemed to constitute<br>one and the same agreement. |
| --- | --- |
***
{Signature Page Follows}
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives.
| UNITED STATES<br> COMMODITY FUNDS LLC | |
|---|---|
| By: | /s/<br> John P. Love |
| Name: | John<br> P. Love |
| Title: | Chief<br> Executive Officer |
| Date: | April<br> 28, 2025 |
| SUMMERHAVEN INDEX<br> MANAGEMENT, LLC | |
| By: | /s/ Kurt J. Nelson |
| Name: | Kurt J. Nelson |
| Title: | Partner |
| Date: | April 28, 2025 |
| SUMMERHAVEN INVESTMENT<br> MANAGEMENT, LLC | |
| By: | /s/<br> Kurt J. Nelson |
| Name: | Kurt J. Nelson |
| Title: | Partner |
| Date: | April 28, 2025 |