Exhibit (h)(5) PARTICIPATION AGREEMENT THIS AGREEMENT, dated as of ____________________, 2007, between ______________________________, a [business trust /corporation] organized under the laws of the [Commonwealth/State] of...Participation Agreement • September 27th, 2007 • TDAX Funds, Inc. • New York
Exhibit (e)(1) DISTRIBUTION AGREEMENT This Distribution Agreement (the "Agreement") made this 24th day of July, 2007, by and between TDAX Funds, Inc., a Maryland Corporation (the "Fund") having its principal place of business at 420 Lexington Avenue,...Distribution Agreement • September 27th, 2007 • TDAX Funds, Inc. • Colorado
Exhibit (h)(2) TRANSFER AGENCY AND SERVICE AGREEMENT AGREEMENT made as of the 24th day of July, 2007, by and between TDAX Funds, Inc. a Maryland corporation, having its principal office and place of business at 420 Lexington Ave., Suite 2550, New...Transfer Agency and Service Agreement • September 27th, 2007 • TDAX Funds, Inc. • New York
INVESTMENT ADVISORY AGREEMENT AGREEMENT, dated as of October 20, 2010, among TDX Independence Funds, Inc., a Maryland corporation (the "Company"), on its own behalf and on behalf of each of the Funds listed on Schedule A to this Agreement (each a...Investment Advisory Agreement • January 27th, 2011 • TDX Independence Funds, Inc. • New York
ARTICLE I DEFINITIONSManager Agreement • September 27th, 2007 • TDAX Funds, Inc. • New York
Exhibit (g)(1) CUSTODY AGREEMENT AGREEMENT, dated as of July 24, 2007 between TDAX Funds, Inc., a Corporation organized and existing under the laws of Maryland having its principal office and place of business at 420 Lexington Ave, Suite 2550, New...Custody Agreement • September 27th, 2007 • TDAX Funds, Inc. • New York
WITNESSETH:Operating Expenses Limitation Agreement • September 27th, 2007 • TDAX Funds, Inc. • Maryland
AUTHORIZED PARTICIPANT AGREEMENT FOR TDAX FUNDS, INC.Authorized Participant Agreement • September 27th, 2007 • TDAX Funds, Inc. • New York
Exhibit (h)(3) FORM OF SECURITIES LENDING AGREEMENT AND GUARANTY AGREEMENT, dated as of July 24, 2007, between TDAX Funds, Inc. on behalf of each of its Series listed on Exhibit A (each Series is hereinafter referred to as "Lender"), and The Bank of...Securities Lending Agreement and Guaranty • September 27th, 2007 • TDAX Funds, Inc. • New York
Exhibit (h)(4) CHIEF COMPLIANCE OFFICER SERVICES AGREEMENT CHIEF COMPLIANCE OFFICER SERVICES AGREEMENT (this "Agreement") dated July 24, 2007 between TDAX FUNDS, INC. (the "Fund"), and ALPS FUND SERVICES, INC. ("ALPS"), a Colorado corporation. The...Chief Compliance Officer Services Agreement • September 27th, 2007 • TDAX Funds, Inc. • New York
Exhibit (d)(1) INVESTMENT ADVISORY AGREEMENT AGREEMENT, made as of this 24th day of July, 2007, between XShares Advisors LLC (the "Advisor"), a Delaware limited liability company with a principal place of business at 420 Lexington Avenue, New York, NY...Investment Advisory Agreement • September 27th, 2007 • TDAX Funds, Inc. • New York
INTERIM SUB-ADVISORY AGREEMENTInterim Sub-Advisory Agreement • July 30th, 2010 • TDX Independence Funds, Inc. • New York
AGREEMENT, dated as of June 30, 2010 by and between DBX Strategic Advisors LLC (formerly, XShares Advisors LLC) (“DBX” or the “Investment Adviser”), a Delaware limited liability company having its principal office and place of business at 60 Wall Street, New York, NY 10005 and Amerivest Investment Management, LLC (“Amerivest” or the “Sub-Adviser”), a Delaware limited liability company having its principal office and place of business at 1005 North Ameritrade Place, Bellevue, NE 68005 and a wholly-owned subsidiary of TD Ameritrade Holding Corporation, whose headquarters are located at 4211 South 102nd Street, Omaha, NE 68127.
SUB-ADVISORY AGREEMENTSub-Advisory Agreement • September 28th, 2011 • Db-X Exchange-Traded Funds Inc. • New York
WHEREAS, the Adviser has entered into an Investment Advisory Agreement dated as of October 20, 2010, (the “Investment Advisory Agreement”) with TDX Independence Funds, Inc., (the “Company”) an open-end investment company registered under the Investment Company Act of 1940, as amended (the “1940 Act”) and organized as a corporation under the laws of the State of Maryland on behalf of each Fund listed on Schedule A (the “Fund”), pursuant to which the Adviser acts as adviser to the Fund;
DISTRIBUTION AGREEMENTDistribution Agreement • September 28th, 2012 • Db-X Exchange-Traded Funds Inc. • Colorado
This Distribution Agreement (the “Agreement”) made this 11th day of October, 2011, by and between db-X Exchange-Traded Funds Inc., a Maryland corporation (the “Fund”) having its principal place of business at 60 Wall Street, New York, New York 10005, and ALPS Distributors, Inc., a Colorado corporation (the “Distributor”) having its principal place of business at 1290 Broadway, Suite 1100, Denver, CO 80203.
AMENDMENT No. 1 TO SUB-ADVISORY AGREEMENTSub-Advisory Agreement • September 28th, 2009 • TDX Independence Funds, Inc.
This AMENDMENT No. 1 TO SUB-ADVISORY AGREEMENT (“Amendment”) is effective as of the 3rd day of August, 2009, and is made to that certain Sub-Advisory Agreement (the “Agreement”) dated as of July 24, 2007, by and between XShares Advisors LLC (the “Investment Adviser”), a Delaware limited liability company having its principal office and place of business at 420 Lexington Avenue, New York, NY 10170, and Amerivest Investment Management, LLC (the “Sub-Adviser”), a Delaware limited liability company having its principal office and place of business at 1005 North Ameritrade Place, Bellevue, NE 68005 and a wholly-owned subsidiary of TD AMERITRADE Holding Corporation, whose headquarters are located at 4211 South 102nd Street, Omaha, NE 68127.
INTERIM SUB-ADVISORY AGREEMENTInterim Sub-Advisory Agreement • September 28th, 2009 • TDX Independence Funds, Inc. • New York
This INTERIM SUB-ADVISORY AGREEMENT (this “Agreement”), dated as of August 3, 2009 by and between XShares Advisors LLC (“XShares” or the “Investment Adviser”), a Delaware limited liability company having its principal office and place of business at 420 Lexington Avenue, Suite 2550, New York, NY 10170, and TDAM USA Inc. (d/b/a TD Asset Management) (“TDAM” or the “Sub-Adviser”), a Delaware corporation having its principal office and place of business at 161 Bay Street, 35th Floor, TD Canada Trust Tower, Toronto, Ontario Canada M5J 2T2.
SUB-ADVISORY AGREEMENT Agreement made as of October 20, 2010 between DBX STRATEGIC ADVISORS LLC (formerly XShares Advisors LLC) (the "Adviser"), a Delaware limited liability company, and TDAM USA Inc. (the "Sub-Adviser"), a Delaware corporation. W I T...Sub-Advisory Agreement • January 27th, 2011 • TDX Independence Funds, Inc. • New York
INTERIM INVESTMENT ADVISORY AGREEMENTInterim Investment Advisory Agreement • July 30th, 2010 • TDX Independence Funds, Inc. • New York
AGREEMENT, made as of this 30th day of June, 2010, by and between DBX Strategic Advisors LLC (formerly, XShares Advisors LLC) (“DBX” or the “Advisor”), a Delaware limited liability company with a principal place of business at 60 Wall Street, New York, New York 10005 and TDX Independence Funds, Inc., a Maryland corporation (the “Company”) with a principal place of business at 60 Wall Street, New York, New York 10005.
Exhibit (d)(3) SUB-ADVISORY AGREEMENT AGREEMENT, dated as of July 24, 2007 by and between XShares Advisors LLC (the "Investment Adviser"), a Delaware limited liability company having its principal office and place of business at 420 Lexington Avenue,...Sub-Advisory Agreement • September 27th, 2007 • TDAX Funds, Inc. • New York
WORLDWIDE CUSTODY, ETF TRANSFER AGENCY, FUND ACCOUNTING, and FUND ADMINISTRATION FEE AGREEMENT for TDX FUNDS, INC.TDX Independence Funds, Inc. • July 30th, 2010
TDX INDEPENDENCE FUNDS, INC. OPERATING EXPENSES LIMITATION AGREEMENTExpenses Limitation Agreement • July 30th, 2010 • TDX Independence Funds, Inc. • Maryland
THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is effective as of the 30th day of June, 2010 by and between TDX Independence Funds, Inc., a Maryland corporation (the “Company”), on behalf of each of the funds listed on Appendix A (each, a “Fund,” and collectively, the “Funds”), DBX Strategic Advisors LLC (formerly, XShares Advisors LLC) (“DBX” or the “Advisor”), and Amerivest Investment Management, LLC (“Amerivest” or the “Sub-Advisor”).
Exhibit (h)(1) FUND ADMINISTRATION AND ACCOUNTING AGREEMENT -------------------------------------------- AGREEMENT made as of July 24, 2007, by and between each entity listed on Exhibit A hereto (each a "Fund", collectively the "Funds"), and The Bank...Fund Administration And • September 27th, 2007 • TDAX Funds, Inc. • New York
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • September 28th, 2011 • Db-X Exchange-Traded Funds Inc. • New York
AGREEMENT, dated as of October 20, 2010, among TDX Independence Funds, Inc., a Maryland corporation (the “Company”), on its own behalf and on behalf of each of the Funds listed on Schedule A to this Agreement (each a “Fund” and together, the “Funds”), and DBX Strategic Advisors LLC (formerly, XShares Advisors LLC), a Delaware limited liability company (the “Adviser”), effective with respect to each Fund as of the date set out with respect to such Fund on Schedule A to this Agreement, as may be amended from time to time.
Exhibit (d)(2) SUB-ADVISORY AGREEMENT AGREEMENT, dated as of July 24, 2007 by and between XShares Advisors LLC (the "Investment Adviser"), a Delaware limited liability company having its principal office and place of business at 420 Lexington Avenue,...Sub-Advisory Agreement • September 27th, 2007 • TDAX Funds, Inc. • New York
ESCROW AGREEMENT among DBX Strategic Advisors LLC and TDX Independence Funds, Inc., and its five series: TDX Independence 2010 Exchange-Traded Fund, TDX Independence 2020 Exchange-Traded Fund, TDX Independence 2030 Exchange-Traded Fund, TDX...Escrow Agreement • July 30th, 2010 • TDX Independence Funds, Inc. • New York
ESCROW AGREEMENT made this 30 day of June 2010 by and among THE BANK OF NEW YORK MELLON (“Escrow Agent”), TDX Independence Funds, Inc. (the “Company”), on behalf of the funds listed on Schedule A hereto (the “Funds”) and DBX Strategic Advisors LLC (“DBX”) (the Company and DBX, collectively the “Depositors” and individually a “Depositor”).
AMENDMENT No. 1 TO CHIEF COMPLIANCE OFFICER SERVICES AGREEMENTChief Compliance Officer Services Agreement • September 28th, 2009 • TDX Independence Funds, Inc.
This AMENDMENT No. 1 TO CHIEF COMPLIANCE OFFICER SERVICES AGREEMENT (“Amendment”) is effective as of the 26th day of May, 2009, and is made to that certain Chief Compliance Officer Services Agreement (the “Agreement”) dated July 24, 2007, by and between TDX INDEPENDENCE FUNDS, INC. (formerly TDAX Funds, Inc.), a Maryland corporation (the “Fund”), and ALPS FUND SERVICES, INC., a Colorado corporation (“ALPS”).
