Common use of Premise Clause in Contracts

Premise. Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various series pursuant to the terms of a Domestic Custody Agreement dated as of the date hereof (the “Custody Agreement”). The Trust intends to issue in respect of its series listed on Exhibit A hereto, as amended from time to time (each an “ETF Series”), exchange-traded shares in respect of each such ETF Series known as “ETF Shares.” The ETF Shares shall be issued in bundles called “Creation Units” (hereinafter defined). The Trust, on behalf of the ETF Series, shall issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, No 333-89822; 811-21114; and as authorized under the Order of Exemption dated June 13, 2006 of the Securities and Exchange Commission, Investment Company Act Release No. IC-27323; File No. 812-12354. Only brokers or dealers that are “Authorized Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the Distributor (hereinafter defined), acting on behalf of the Trust, shall be authorized to purchase and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage Bank to perform certain services on behalf of the Trust with respect to the purchase and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Units against the delivery of “Redemption Securities” (hereinafter defined) or cash of each ETF Series.

Premise. Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various series pursuant to the terms of a Domestic Custody Agreement dated as of the date hereof (the “Custody Agreement”). The Trust intends to issue in respect of its series listed on Exhibit A hereto, as amended from time to time (each an “ETF Series”), exchange-traded shares in respect of each such ETF Series known as “ETF Shares.” The ETF Shares shall be issued in bundles called “Creation Units” (hereinafter defined). The Trust, on behalf of the ETF Series, shall issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, No 333-89822; 811-21114No. _____; and as authorized under the Order of Exemption dated June 13, 2006 ____________ of the Securities and Exchange Commission, Investment Company Act Release No. IC-27323______; File No. 812-12354_________. Only brokers or dealers that are “Authorized Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the Distributor (hereinafter defined), acting on behalf of the Trust, shall be authorized to purchase and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage Bank to perform certain services on behalf of the Trust with respect to the purchase and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Units against the delivery of “Redemption Securities” (hereinafter defined) or cash of each ETF Series.

Premise. BankX.X. Xxxxxx, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various series portfolios pursuant to the terms of a Domestic Custody Agreement dated as of the date hereof January 26th 2022, (the “Custody Agreement”). The Trust intends to issue in respect of its series listed on Exhibit A hereto, as amended from time to time (each the Funds an “ETF Series”), exchange-traded class of shares in respect of each such ETF Series known as “ETF Shares.” for each ETF Series. The ETF Shares shall be issued created in bundles called “Creation Units.” (hereinafter defined). The Trust, on behalf of the ETF Series, shall issue create and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) or cash), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, No 333-89822; 811-21114; and as authorized under Rule 6c-11 of the Order of Exemption dated June 13, 2006 of 1940 Act or exemptive orders granted by the Securities and Exchange Commission, Investment Company Act Release No. IC-27323; File No. 812-12354. Only brokers or dealers that are “Authorized Participants” (hereinafter defined) Participants and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the Distributor (hereinafter defined), acting on behalf of the TrustDistributor, shall be authorized to purchase create and redeem ETF Shares in Creation Units from the TrustTrust either directly, or, in the case of semi-transparent ETF Series, through a Authorized Participant Representative (“APR”). The Trust wishes to engage Bank X.X. Xxxxxx to perform certain services on behalf of the Trust with respect to the purchase creation and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the National Securities Clearing CorporationNSCC) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities or and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Units Unit size against the delivery of “Redemption Securities” (hereinafter defined) or Securities and/or cash of each ETF Series.

Premise. Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various series portfolios pursuant to the terms of a Domestic Global Custody Agreement dated as of the date hereof February 26, 2008 (the “Custody Agreement”). The Trust intends to issue in respect of its series portfolios listed on Exhibit A hereto, as amended from time to time hereto (each an “ETF Series”), ) an exchange-traded class of shares in respect of each such ETF Series known as “NETS Shares” for each Fund (each a “ETF Shares.” Series”). The ETF NETS Shares shall be issued in bundles called “Creation Units” (hereinafter defined). The Trust, on behalf of the ETF Series, shall issue and redeem ETF NETS Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, No No. 333-89822147077; 811-2111422140; and as authorized under the Order of Exemption dated June 13March 17, 2006 2008 of the Securities and Exchange Commission, Investment Company Act Release No. IC-27323; File No. 812-12354. Only brokers or dealers that are “Authorized Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the Distributor (hereinafter defined), acting on behalf of the Trust, shall be authorized to purchase and redeem ETF NETS Shares in Creation Units from the Trust. The Trust wishes to engage Bank to perform certain services on behalf of the Trust with respect to the purchase and redemption of ETF NETS Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF NETS Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities or cash that shall be delivered by Authorized Participants in exchange for ETF NETS Shares and the redemption of ETF NETS Shares in Creation Units Unit size against the delivery of “Redemption Securities” Securities (hereinafter defined) or cash of each ETF Series.

Premise. Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various series portfolios pursuant to the terms of a Domestic Custody Agreement dated as of the date hereof February __, 2007 (the “Custody Agreement”). The Trust Trust, which is registered under the Investment Company Act of 1940, as amended (the "1940 Act"), intends to issue in with respect of to its series portfolios listed on Exhibit A hereto, as amended from time to time hereto (each an “ETF Series”), ) an exchange-traded class of shares in respect of each such ETF Series known as “"ETF Shares.” The ETF Shares shall be issued in bundles called “Creation Units” (hereinafter defined). The Trust, on behalf of the ETF Series, shall issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) or cash), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, No 333No811-89822; 811-2111421827; and as authorized under the Order of Exemption dated June 13January 18, 2006 2007 of the Securities and Exchange Commission, Investment Company Act Release No. IC-2732327664; File No. 812-1235413224. Only brokers or dealers that are “Authorized Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the Distributor (hereinafter defined), acting on behalf of the Trust, shall be authorized to purchase and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage Bank to perform certain services on behalf of the Trust with respect to the purchase and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Units against the delivery of “Redemption Securities” Securities (hereinafter defined) or cash of each ETF Series.

Premise. Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various series portfolios pursuant to the terms of a Domestic Custody Agreement dated as of the date hereof __________, 2010 (the “Custody Agreement”). The Trust intends to issue in respect of its series portfolios listed on Exhibit A hereto, as amended from time to time hereto (each a “Fund” or an “ETF Series”), ) an exchange-traded class of shares in respect of each such ETF Series known as “"ETF1 Shares” for each ETF Shares.” Series. The ETF Shares shall be issued in bundles called “Creation Units.” (hereinafter defined). The Trust, on behalf of the ETF Series, shall issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) or cash), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, No Securities Act File No. 333-89822; 146327, Investment Company Act File No. 811-21114; 22128 (“Registration Statement”) and as authorized under the Order of Exemption dated June 13November 27, 2006 2007 of the Securities and Exchange Commission, Investment Company Act Release No. IC-27323; File No. 812-1235428066 (“Order of Exemption”). Only brokers or dealers that are “Authorized Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the Distributor (hereinafter defined)Distributor, acting on behalf of the Trust, shall be authorized to purchase issue and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage Bank to perform certain services on behalf of the Trust with respect to the purchase issuance and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases issuances of Creation Units against Deposit Securities or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Units Unit size against the delivery of “Redemption Securities” (hereinafter defined) or cash Securities of each ETF Series.

Premise. Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various series portfolios pursuant to the terms of a Domestic Custody Agreement dated as of the date hereof January 5, 2011 (the “Custody Agreement”). The Trust intends to issue in respect of its series portfolios listed on Exhibit A hereto, as amended from time to time hereto (each a “Fund” or an “ETF Series”), ) an exchange-traded class of shares in respect of each such ETF Series known as “"ETF1 Shares” for each ETF Shares.” Series. The ETF Shares shall be issued in bundles called “Creation Units.” (hereinafter defined). The Trust, on behalf of the ETF Series, shall issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) or cash), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, No Securities Act File No. 333-89822; 146327, Investment Company Act File No. 811-21114; 22128 (“Registration Statement”) and as authorized under the Order of Exemption dated June 13November 27, 2006 2007 of the Securities and Exchange Commission, Investment Company Act Release No. IC-27323; File No. 812-1235428066 (“Order of Exemption”). Only brokers or dealers that are “Authorized Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the Distributor (hereinafter defined)Distributor, acting on behalf of the Trust, shall be authorized to purchase issue and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage Bank to perform certain services on behalf of the Trust with respect to the purchase issuance and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases issuances of Creation Units against Deposit Securities or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Units Unit size against the delivery of “Redemption Securities” (hereinafter defined) or cash Securities of each ETF Series.

Premise. Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various series portfolios pursuant to the terms of a Domestic Custody Agreement dated as of the date hereof June 18, 2007 (the “Custody Agreement”). The Trust intends to issue in respect of its series portfolios listed on Exhibit A hereto, as amended from time to time hereto (each an “ETF Series”), ) an exchange-traded class of shares in respect of each such ETF Series known as “ETF1 Shares” for each Fund (each a “ETF Shares.” Series”). The ETF Shares shall be issued in bundles called “Creation Units” (hereinafter defined). The Trust, on behalf of the ETF Series, shall issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) or cash), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, No 333-89822; 811-21114; and as authorized under the Order of Exemption dated June 13, 2006 of the Securities and Exchange Commission, Investment Company Act Release No. IC-27323; File No. 812-12354. Only brokers or dealers that are “Authorized Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the Distributor (hereinafter defined), acting on behalf of the Trust, shall be authorized to purchase and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage Bank to perform certain services on behalf of the Trust with respect to the purchase and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Units Unit size against the delivery of “Redemption Securities” Securities (hereinafter defined) or cash of each ETF Series.