AMENDED AND RESTATED CUSTODY AGREEMENTCustody Agreement • June 4th, 2021 • ETF Managers Trust • New York
THIS AMENDED AND RESTATED AGREEMENT is made and entered into as of this 1st day of May, 2021, by and between ETF MANAGERS TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).
AGREEMENT AND DECLARATION OF TRUST of FactorShares TrustAgreement and Declaration of Trust • November 20th, 2012 • FactorShares Trust • Delaware
AGREEMENT AND DECLARATION OF TRUST made as of June 30, 2009, as revised to reflect a change in the name of the Trust effected as of September 24, 2009, by the Trustees hereunder, and by the holders of Shares to be issued by FactorShares Trust (the “Trust”) hereunder as hereinafter provided.
AMENDED AND RESTATED ETF MANAGERS TRUST INVESTMENT ADVISORY AGREEMENT with ETF MANAGERS GROUP, LLCInvestment Advisory Agreement • August 25th, 2016 • ETF Managers Trust • Delaware
WHEREAS, the Trust is an open-end management investment company, registered as such under the Investment Company Act of 1940, as amended (the “1940 Act”); and
SIT INVESTMENT ASSOCIATES SUB-ADVISORY AGREEMENTSub-Advisory Agreement • June 24th, 2019 • ETF Managers Trust • New Jersey
This Sub-Advisory Agreement (the “Agreement”) entered into as of the 20th day of June, 2019, by and between ETF Managers Group LLC, a Delaware limited liability company, with an address of 30 Maple Street, Suite 2, Summit, New Jersey 07901 (the “Adviser”), and Sit Fixed Income Advisors II, LLC, a registered investment advisor organized under the laws of the State of Delaware, with an address of 80 South Eighth Street, Suite 3300, Minneapolis, MN 55402 (the “Sub-Adviser”), hereby agree as follows:
ETF DISTRIBUTION AGREEMENTDistribution Agreement • July 23rd, 2020 • ETF Series Solutions • Delaware
This Distribution Agreement (the “Agreement”) is made this 20th day of July 2020, by and between ETF Series Solutions, a Delaware statutory trust (the “Trust”) having its principal place of business at 615 E Michigan, Milwaukee WI 53202, and Quasar Distributors, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at 111 E Kilbourn, Suite 2200, Milwaukee WI 53202.
DISTRIBUTION AGREEMENTDistribution Agreement • November 20th, 2012 • FactorShares Trust • New York
FORM OF ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • January 19th, 2024 • ETF Managers Trust • Delaware
This distribution agreement (the “Agreement”) is effective this __ day of _________ 2023, and made by ETF Managers Trust, a Delaware statutory trust (the “Trust”), having its principal place of business at 30 Maple Street, Suite 2, Summit, NJ 07901, and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101.
DISTRIBUTION AGREEMENTDistribution Agreement • October 16th, 2015 • FactorShares Trust • Colorado
THIS AGREEMENT is made as of October 7, 2015, between FactorShares Trust, a Delaware statutory trust (the “Trust”), and ALPS Distributors, Inc., a Colorado corporation (“ALPS”).
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • November 20th, 2012 • FactorShares Trust • New York
THIS AGREEMENT is made and entered into as of this 12th day of September, 2012, by and between FACTORSHARES TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).
FUND ACCOUNTING SERVICING AGREEMENTFund Accounting Servicing Agreement • September 19th, 2018 • ETF Managers Trust • New Jersey
THIS AGREEMENT is made as of this 17th day of July, 2018 by and between ETF Managers Trust, a Delaware statutory trust (the “Trust”) and ETF MANAGERS GROUP, LLC, a New Jersey limited liability company (“Fund Services”).
FACTORSHARES TRUST PARTICIPANT AGREEMENTParticipant Agreement • October 16th, 2015 • FactorShares Trust • Colorado
This Participant Agreement (the “Agreement”) is entered into by and among ALPS Distributors, Inc. (the “Distributor”) and ________________ [Participant’s Name and NSCC#] (the “Participant”) and is subject to acceptance by State Street Bank and Trust Company, as transfer agent (the “Transfer Agent”). FactorShares Trust (the “Trust”) is an open-end management investment company organized as a Delaware statutory trust consisting of separate investment portfolios (each, a “Fund” and collectively, the “Funds”) as set forth in Attachment A hereto. The Distributor has been retained as principal underwriter of the Trust and provides certain services in connection with the sale and distribution of shares of beneficial interest of the Funds (the “Shares”). The Transfer Agent has been retained to provide certain transfer agency services with respect to the purchase and redemption of Shares.
FORM OF PENSERRA CAPITAL MANAGEMENT LLC SUB-ADVISORY AGREEMENTSub-Advisory Agreement • October 16th, 2015 • FactorShares Trust • New York
Sub-Advisory Agreement (this “Agreement”) entered into as of the 10th day of September, 2015, by and between Factor Advisors, LLC, a Delaware limited liability company with its principal place of business at 35 Beechwood Road, Summit, New Jersey 07901 (the “Adviser”), and Penserra Capital Management LLC, a registered investment advisor organized under the laws of the State of New York (the “Sub-Adviser”).
SECURITIES LENDING AGREEMENTSecurities Lending Agreement • January 28th, 2016 • FactorShares Trust • Minnesota
THIS SECURITIES LENDING AGREEMENT (“Agreement”) is made and entered into effective as of January 8, 2016, by and between U.S. Bank National Association (“Bank”) and FactorShares Trust (“Trust”), on behalf of each respective series identified in Exhibit C attached hereto and made a part hereof (each such series hereinafter referred to as a separate “Customer”).
AMENDED AND RESTATED CUSTODY AGREEMENTCustody Agreement • January 26th, 2018 • ETF Managers Trust • New York
THIS AMENDED AND RESTATED AGREEMENT is made and entered into as of this 19th day of December 2017, by and between ETF Managers Trust, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).
PURE FUNDS SHARES, EACH A SERIES OF THE FACTORSHARES TRUST FORM OF AUTHORIZED PARTICIPANT AGREEMENT QUASAR DISTRIBUTORS, LLC MILWAUKEE, WI 53202Authorized Participant Agreement • November 20th, 2012 • FactorShares Trust • Delaware
This Authorized Participant Agreement (the “Agreement”) is entered into by and between Quasar Distributors, LLC (the “Distributor”) and [ ] (the “Participant”) and is subject to acceptance by U.S. Bancorp Fund Services, LLC (the “Index Receipt Agent”) as index receipt agent for the Pure Funds ETFs, each a separate series of the FactorShares Trust (the “Trust” and, together with the Distributor, Participant, Index Receipt Agent, and Trust, the “Parties”).
Transfer Agency and Service Agreement Between ETFMG Alternative Harvest ETF and Computershare Trust Company, N.A. and Computershare Inc.Transfer Agency and Service Agreement • September 19th, 2018 • ETF Managers Trust • New York
THIS TRANSFER AGENCY AND SERVICE AGREEMENT, effective as of July 10th, 2018 (“Effective Date”), is by and between ETFMG Alternative Harvest ETF, a series fund of the ETF Managers Trust (the “Trust”) a Delaware statutory trust having its principal office and place of business at 30 Maple Street, Summit, New Jersey 07901 (“Company”), and Computershare Inc., a Delaware corporation (“Computershare”), and its fully owned subsidiary Computershare Trust Company, N.A., a federally chartered trust company (“Trust Company”, and together with Computershare, “Agent”), each having a principal office and place of business at 250 Royall Street, Canton, Massachusetts 02021.
INTERIM INVESTMENT ADVISORY AGREEMENTInterim Investment Advisory Agreement • January 28th, 2014 • FactorShares Trust • Delaware
This INTERIM INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made as of this 22nd day of November, 2013 by and between FACTORSHARES TRUST (the “Trust”), a Delaware statutory trust, and FACTOR ADVISORS, LLC, a Delaware limited liability company with its principal place of business at One Penn Plaza, 36th Floor, New York, New York 10119 (the “Adviser”).
FORM OF OPINIONAgreement and Plan of Reorganization • July 23rd, 2020 • ETF Series Solutions
CUSTODY AGREEMENTCustody Agreement • November 20th, 2012 • FactorShares Trust • New York
Exhibit C (continued) to the Custody Agreement GLOBAL SUB-CUSTODIAL SERVICES ANNUAL FEE SCHEDULE at September, 2012 Country Instrument Safekeeping (BPS) Transaction Fee Country Instrument Safekeeping (BPS) Transaction Fee Argentina All 12.00 $32 Lithuania All 16.00 $40 Australia All 1.00 $15 Luxembourg All 3.20 $20 Austria All 1.70 $17 Malaysia All 2.90 $39 Bahrain All 40.00 $112 Mali* All 32.00 $124 Bangladesh All 32.00 $120 Malta All 17.60 $60 Belgium All 1.20 $22 Mauritius All 24.00 $80 Benin* All 32.00 $124 Mexico All 1.50 $10 Bermuda All 12.00 $48 Morocco All 28.00 $80 Botswana All 20.00 $40 Namibia All 24.00 $40 Brazil All 7.20 $17 Netherlands All 1.50 $12 Bulgaria All 32.00 $64 New Zealand All 2.00 $26 Burkina Faso* All 32.00 $124 Niger* All 32.00 $124 Canada All 0.75 $4 Nigeria All 24.00 $40 Cayman Islands* All 0.80 $8 Norway All 1.50 $22 Channel Islands* All 1.20 $20 Oman All 40.00 $112 Chile All 16.00 $48 Pakistan All 24.00 $80 China“A” Shares All 9.60 $42 Palestinian Autonom
Amendment No. 6 to Amended and Restated Distribution AgreementDistribution Agreement • October 15th, 2021 • ETF Managers Trust
This Amendment No. 6, dated as of September 9, 2021 (the “Effective Date”), to the Amended and Restated Distribution Agreement (this “Amendment”), by and between ETF Managers Trust, a Delaware statutory trust (the “Trust”), and ETFMG Financial, LLC, a New Jersey limited liability company, having its principal place of business at 30 Maple Street, Suite 2, Summit, New Jersey 07901 (the “Distributor”).
AMEDMED AND RESTATED FUND ACCOUNTING SERVICING AGREEMENTFund Accounting Servicing Agreement • January 26th, 2018 • ETF Managers Trust • New York
THIS AMENDED AND RESTATED AGREEMENT is made as of this 19th day of December, 2017 by and between ETF Managers Trust, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).
ETF SUB-SERVICES AGREEMENT between ETF MANAGERS GROUP LLC and INDEXEtf Sub-Services Agreement • February 7th, 2020 • ETF Managers Trust • New York
PENSERRA CAPITAL MANAGEMENT LLC SUB-ADVISORY AGREEMENTSub-Advisory Agreement • October 21st, 2015 • FactorShares Trust • New York
Sub-Advisory Agreement (this “Agreement”) entered into as of the 10th day of September, 2015, by and between Factor Advisors, LLC, a Delaware limited liability company with its principal place of business at 35 Beechwood Road, Summit, New Jersey 07901 (the “Adviser”), and Penserra Capital Management LLC, a registered investment advisor organized under the laws of the State of New York (the “Sub-Adviser”).
FUND SERVICING AGREEMENTFund Servicing Agreement • June 4th, 2021 • ETF Managers Trust • New York
THIS FUND SERVICING AGREEMENT (the “Agreement”) is made and entered into as of the 1st day of May, 2021, by and between ETF MANAGERS TRUST, a Delaware statutory trust (the “Trust”), U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”), and ETF MANAGERS GROUP, LLC, a Delaware limited liability company (“ETFMG”) solely with respect to Paragraph 25 of the Agreement.
FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • November 20th, 2012 • FactorShares Trust • New York
NOTE: Prices above are based on using U.S. Bancorp primary pricing service which may vary by security type and are subject to change. Use of alternative and/or additional sources may result in additional fees.
FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • September 19th, 2018 • ETF Managers Trust • New Jersey
THIS AGREEMENT is made and entered into as of the 17th day of July 2018, by and between ETF MANAGERS TRUST, (the “Trust”) and ETF MANAGERS GROUP, LLC, a New Jersey limited liability company (“Fund Services”).
AMENDED AND RESTATED DISTRIBUTION AGREEMENTDistribution Agreement • December 20th, 2017 • ETF Managers Trust • New Jersey
THIS AMENDED AND RESTATED AGREEMENT is made as of December 26, 2017, between ETF MANAGERS TRUST a Delaware statutory trust (the “Trust”), and ETFMG FINANCIAL, LLC., a New Jersey limited liability company (“the Distributor”).
ESPOSITO PARTNERS, LLC SUB-ADVISORY AGREEMENTSub-Advisory Agreement • September 19th, 2014 • FactorShares Trust • Texas
AGREEMENT made this 17th day of April, 2014 by and between Factor Advisors, LLC, a Delaware limited liability company with its principal place of business at 35 Beechwood Road, Suite 2B, Summit, New Jersey 07091 (the “Adviser”), and Esposito Partners, LLC, a Delaware limited liability company with its principal place of business at 300 Crescent Court, Suite 650, Dallas, Texas 75201 (the “Sub-adviser”).
AMENDED AND RESTATED PENSERRA CAPITAL MANAGEMENT LLC SUB-ADVISORY AGREEMENTSub-Advisory Agreement • August 25th, 2016 • ETF Managers Trust • New York
Amended and Restated Sub-Advisory Agreement (this “Agreement”) entered into as of the 24th day of May, 2016, by and between Factor Advisors, LLC, a Delaware limited liability company with its principal place of business at 30 Maple Street #2, Summit, New Jersey 07901 (the “Adviser”), and Penserra Capital Management LLC, a registered investment advisor organized under the laws of the State of New York (the “Sub-Adviser”).
SUBLICENSE AGREEMENTSublicense Agreement • November 20th, 2012 • FactorShares Trust
This Sublicense Agreement (the “Sublicense Agreement”), dated as of November __, 2012, is made by and among FactorShares Trust (the “Sublicensee”), International Securities Exchange, LLC (“ISE”), and PureShares LLC (“PureShares” or the “Sublicensor”).
FIRST AMENDMENT TO THE CUSTODY AGREEMENTCustody Agreement • June 8th, 2018 • ETF Managers Trust
THIS FIRST AMENDMENT dated as of this 6h date of June, 2018, to the Amended and Restated Custody Agreement dated December 19, 2017 (the “Agreement”), is entered into by and between ETF Managers Trust, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).
THIRD AMENDMENT TO SECURITIES LENDING AGREEMENTSecurities Lending Agreement • June 4th, 2021 • ETF Managers Trust
THIS THIRD AMENDMENT TO SECURITIES LENDING AGREEMENT ("Third Amendment"), dated effective as of May 1, 2021 ("Effective Date"), is made and entered into by and between U.S. Bank National Association ("Bank") and ETF Managers Trust ("Trust"), on behalf of each respective series identified in Exhibit C to the Agreement (each such series hereinafter referred to as a separate "Customer").
FIRST AMENDMENT TO SECURITIES LENDING AGREEMENTSecurities Lending Agreement • March 3rd, 2023 • ETF Managers Trust
THIS FIRST AMENDMENT TO SECURITIES LENDING AGREEMENT ("First Amendment"), dated effective as of October 3, 2016, is made and entered into by and between U.S. Bank National Association ("Bank") and ETF Managers Trust, formerly known as FactorShares Trust ("Trust"), on behalf of each respective series identified in Exhibit C to the Agreement (each such series hereinafter referred to as a separate "Customer").
EQUBOT LLC SUB-ADVISORY AGREEMENTSub-Advisory Agreement • September 28th, 2017 • ETF Managers Trust • New Jersey
Sub-Advisory Agreement (this “Agreement”) entered into on October 1, 2017 by and between ETF Managers Group, LLC, a Delaware limited liability company with its principal place of business at 30 Maple Street, Summit, New Jersey 07901 (the “Adviser”), and Equbot LLC, a limited liability company organized under the laws of the State of Delaware with its principal place of business at 450 Townsend St., San Francisco, CA 94107 (the “Sub-Adviser”).
SECOND AMENDMENT TO THE ETF MANAGERS TRUST AMENDED AND RESTATED FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • June 24th, 2019 • ETF Managers Trust
THIS SECOND AMENDMENT, dated as of this 20th day of June, 2019, to the Amended and Restated Fund Administration Servicing Agreement, dated as of December 19, 2017, (the “Agreement”), is entered into by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”) and ETF MANAGERS TRUST, a Delaware statutory trust (the “Trust”).
