CUSTODY AGREEMENTCustody Agreement • May 23rd, 2012 • ETF Series Solutions • Minnesota
THIS AGREEMENT is made and entered into as of this 16th day of May, 2012, by and between ETF SERIES SOLUTIONS, 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”).
FORM OF INVESTMENT ADVISORY AGREEMENT BETWEEN INVESTMENT MANAGERS SERIES TRUST II AND AXS INVESTMENTS LLCInvestment Advisory Agreement • December 17th, 2021 • Investment Managers Series Trust II • Delaware
THIS INVESTMENT ADVISORY AGREEMENT (the “Agreement”), dated as of _____________, is entered into by and between Investment Managers Series Trust II, a Delaware statutory trust (the “Trust”), on behalf of its series listed in Appendix A, as amended from time to time (each a “Fund”), and AXS Investments LLC, a limited liability company (the “Advisor”).
ETF SERIES SOLUTIONS INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • October 20th, 2023 • ETF Series Solutions • Delaware
This INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made as of this 13th day of July, 2023 by and between ETF SERIES SOLUTIONS (the “Trust”), a Delaware statutory trust, and The Milwaukee Company, LLC, a Wisconsin limited liability company with its principal place of business at 414 N. Main Street, Thiensville, Wisconsin 53092 (the “Adviser”).
ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • October 28th, 2021 • ETF Series Solutions • Delaware
This Distribution Agreement (the “Agreement”) is made effective as of the closing of the Transaction (as defined below) (the “Closing Date”), 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.
INVESTMENT SUB-ADVISORY AGREEMENTInvestment Sub-Advisory Agreement • December 13th, 2023 • ETF Series Solutions • Delaware
This INVESTMENT SUB-ADVISORY AGREEMENT (the “Agreement”) is made as of this 13th day of July, 2023 by and among NATIONWIDE FUND ADVISORS, a Delaware business trust with its principal place of business at 10 West Nationwide Boulevard, Columbus, Ohio 43215 (the “Adviser”), ETF SERIES SOLUTIONS (the “Trust”), and NEOS INVESTMENT MANAGEMENT LLC, a Delaware limited liability company with its principal place of business located at 13 Riverside Avenue, Westport, Connecticut 06880 (the “Sub-Adviser”).
ETF SERIES SOLUTIONS INVESTMENT SUB-ADVISORY AGREEMENT with Penserra Capital Management, LLCSub-Advisory Agreement • October 20th, 2023 • ETF Series Solutions • Delaware
This INVESTMENT SUB-ADVISORY AGREEMENT (the “Agreement”) is made as of this 13th day of July, 2023 by and between THE MILWAUKEE COMPANY, LLC, a Wisconsin limited liability company with its principal place of business at 414 N. Main Street, Thiensville, Wisconsin 53092 (the “Adviser”), ETF SERIES SOLUTIONS (the “Trust”), and PENSERRA CAPITAL MANAGEMENT, LLC, a New York Limited Liability Company with its principal place of business located at 4 Orinda Way, Suite 100-A, Orinda, California 94563 (the “Sub-Adviser”).
DISTRIBUTION AGREEMENTDistribution Agreement • August 9th, 2019 • ETF Series Solutions • Delaware
THIS DISTRIBUTION AGREEMENT (the “Agreement”) is between ETF Series Solutions (the “Trust”), a Delaware statutory trust, and Quasar Distributors, LLC (the “Distributor”), a Delaware limited liability company. Beyond Investing, LLC (the “Adviser”), the investment adviser to the series of the Trust listed in Schedule A hereto (each, a “Fund”, and collectively, the “Funds”), is a party hereto with respect to Article 5.
SUB-ADVISORY AGREEMENT BETWEEN AXS INVESTMENTS, LLC AND CHANGE FINANCE, P.B.C.Sub-Advisory Agreement • December 17th, 2021 • Investment Managers Series Trust II • Delaware
THIS SUB-ADVISORY AGREEMENT (the “Agreement”), dated as of _______________, 2021, is entered into by and between AXS Investments, LLC, a Delaware limited liability company with its principal office and place of business at 181 Westchester Avenue, Suite 402, Port Chester, New York 10573 (the “Advisor”) and Change Finance P.B.C., a [public benefit corporation] with its principal office and place of business at 705 Grand View Drive, Alexandria, Virginia 22305 (the “Sub-advisor”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • March 5th, 2021 • Tidal ETF Trust • New York
This Investment Advisory Agreement (the “Agreement”) is made as of __ , 2021, by and between Tidal ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of each series of the Trust listed on Schedule A attached hereto, as may be amended from time to time (each, a “Fund” and collectively, the “Funds”), and Toroso Investments, LLC, a Delaware limited liability company (the “Adviser”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • July 31st, 2020 • Alpha Architect ETF Trust
THIS AGREEMENT, made by and between Alpha Architect ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of the fund or funds listed on Schedule A attached hereto (individually, a “Fund,” and collectively, the “Funds”) , and Empowered Funds, LLC, a Pennsylvania limited liability company (the “Adviser”).
ALPHA ARCHITECT ETF TRUSTInvestment Sub-Advisory Agreement • July 31st, 2020 • Alpha Architect ETF Trust • Delaware
This INVESTMENT SUB-ADVISORY AGREEMENT (the “Agreement”) is made as of this 28th day of July, 2020, by and between Empowered Funds, LLC, a Pennsylvania limited liability company with its principal place of business at 213 Foxcroft Road, Broomall, Pennsylvania 19008 (the “Adviser”), Alpha Architect ETF Trust (the “Trust”), and Gadsden, LLC, a Delaware limited liability company with its principal place of business located at 656 E. Swedesford Road, Suite 301, Wayne, Pennsylvania 19087 (the “Sub-Adviser”).
DISTRIBUTION AGREEMENTDistribution Agreement • December 26th, 2019 • ETF Series Solutions • Colorado
THIS AGREEMENT is made as of November 11, 2019, between ETF Series Solutions, a Delaware statutory trust (the “Trust”), and ALPS Distributors, Inc., a Colorado corporation (“ALPS”).
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • May 23rd, 2012 • ETF Series Solutions • Wisconsin
THIS AGREEMENT is made and entered into as of this 16th day of May, 2012, by and between ETF SERIES SOLUTIONS, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).
Arrow Investments Trust 6100 Chevy Chase Drive, Suite 100 Laurel, Maryland 20707 ETF Series Solutions 615 East Michigan Street Milwaukee, Wisconsin 53202Arrow Investments Trust • March 24th, 2021
Re: AGREEMENT AND PLAN OF REORGANIZATION, DATED AS OF __________________, 2021 (THE “AGREEMENT”), BY AND AMONG ETF SERIES SOLUTIONS (“ESS”) on behalf of ITS SERIES, REVERSE CAP WEIGHTED U.S. LARGE CAP ETF (THE “EXISTING FUND”), ARROW INVESTMENTS TRUST (“AIT”) on behalf of ITS SERIES, ARROW REVERSE CAP 500 ETF (THE “new fund”) AND, SOLELY FOR PURPOSES OF SECTIONS 3.2, 7.4, 8.3, 9.2 AND 10.2 THEREOF, ARROW INVESTMENT ADVISORS, LLC (“Arrow”) AND, solely for purposes of sections 8.3, 9.2 and 10.2 thereof, csat investment advisory, L.P., d/b/a/ Exponential ETFs (“Exponential ETFs”)
Investment Sub-Advisory AgreementInvestment Sub-Advisory Agreement • January 21st, 2021 • First Trust Exchange-Traded Fund Iv • Illinois
This Investment Sub-Advisory Agreement (this “Agreement”), dated is by and among First Trust Exchange-Traded Fund IV, a Massachusetts business trust (the “Trust”), First Trust Advisors L.P., an Illinois limited partnership (the “Manager”) and a registered investment adviser with the Securities and Exchange Commission (the “SEC”), and Cboe Vest Financial LLC, a Delaware limited liability company and a registered investment adviser with the SEC (the “Sub-Adviser”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • March 24th, 2021 • Arrow Investments Trust • New York
Agreement made as of March 22, 2021, between ARROW INVESTMENT TRUST, a Delaware statutory trust (“Trust”), and ARROW INVESTMENT ADVISORS, LLC (“Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”).
AUTHORIZED PARTICIPANT AGREEMENT ETF SERIES SOLUTIONSAuthorized Participant Agreement • November 9th, 2018 • ETF Series Solutions • New York
This Authorized Participant Agreement (the “Agreement”) is entered into by and between Compass Distributors, LLC (the “Distributor”) and __________ (the “Participant”) and is subject to acceptance by U.S. Bancorp Fund Services, LLC (the “Index Receipt Agent”), and is further subject to acknowledgement and agreement by ETF Series Solutions (the “Trust”), a series trust offering a number of portfolios of securities for which the Distributor is the distributor of such series (each a “Fund” and collectively the “Funds”), solely with respect to Sections 4(c) and 12(c) herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time, and included in the Trust’s Registration Statement on Form N-1A, as it may be amended from time to time, or otherwise filed with the U.S. Securities and Exchange Commission (“SEC”) (together with such Fund’s Statement of Additional Information incorporated therein, th
ETF SERIES SOLUTIONS INVESTMENT SUB-ADVISORY AGREEMENT with Vident Advisory, LLCEtf Series Solutions • January 25th, 2024 • ETF Series Solutions • Delaware
This INVESTMENT SUB-ADVISORY AGREEMENT (the “Agreement”) is made as of this 20th day of April, 2023 by and among DISTILLATE CAPITAL PARTNERS LLC, an Illinois limited liability company with its principal place of business at 53 West Jackson Boulevard, Chicago, IL 60604 (the “Adviser”), ETF SERIES SOLUTIONS (the “Trust”), and VIDENT ADVISORY, LLC, a Delaware limited liability company with its principal place of business located at 1125 Sanctuary Parkway, Suite 515 Alpharetta, Georgia 30009 (the “Sub-Adviser”).
Board of Trustees EFT Series Solutions Milwaukee, Wisconsin 53202 Board of Trustees Pacer Funds Trust Malvern, Pennsylvania 19355Pacer Funds Trust • October 21st, 2019
Re: Agreement and Plan of Reorganization, dated as of [•], 2019 (the “Agreement”), by and among (i) ETF Series Solutions, a Delaware statutory trust (“ESS”), on behalf of its series, the American Energy Independence ETF (the “Target Fund”); (ii) Pacer Funds Trust, a Delaware statutory trust (“PFT”), on behalf of its series, the Pacer American Energy Independence ETF (the “Acquiring Fund”); and (iii) solely for the purposes of Section 9.1 of the Agreement, Pacer Advisors, Inc., the investment adviser to the Acquiring Fund, and SL Advisors, LLC, the investment adviser to the Target Fund.
A SERIES OF ETF SERIES SOLUTIONS FORM OF AUTHORIZED PARTICIPANT AGREEMENT QUASAR DISTRIBUTORS, LLC MILWAUKEE, WI 53202Authorized Participant Agreement • May 23rd, 2012 • ETF Series Solutions • 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 _______________ ETF, a separate series of ETF Series Solutions (the “Trust” and, together with the Distributor, Participant, Index Receipt Agent, and Trust, the “Parties”).
AMENDMENT TO THE ETF SERIES SOLUTIONS CUSTODY AGREEMENTEtf Series Solutions Custody Agreement • November 23rd, 2021 • ETF Series Solutions
THIS AMENDMENT to the Custody Agreement, dated as of May 16, 2012, as amended (the “Agreement”), is entered into by and between ETF SERIES SOLUTIONS, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Custodian”).
ETF Series Solutions A Delaware Statutory Trust AGREEMENT AND DECLARATION OF TRUST February 17, 2012Agreement and Declaration • February 17th, 2012 • ETF Series Solutions
Fee Waiver Agreement September 16, 2023Etf Series Solutions • September 22nd, 2023 • ETF Series Solutions • Delaware
THIS FEE WAIVER AGREEMENT (the “Agreement”) is entered into by and between ETF Series Solutions, a Delaware statutory trust (the “Trust”), on behalf of the ClearShares OCIO ETF (“OCIO”) and the ClearShares Piton Intermediate Fixed Income ETF (“PIFI”), each a series of the Trust, and ClearShares, LLC (the “Adviser”), the investment adviser to OCIO and PIFI.
SECURITIES LENDING AGREEMENTSecurities Lending Agreement • December 21st, 2016 • ETF Series Solutions • Minnesota
THIS SECURITIES LENDING AGREEMENT ("Agreement") is made and entered into effective as of February 29, 2016, by and between U.S. BANK NATIONAL ASSOCIATION ("Bank") and ETF SERIES SOLUTIONS, a Delaware statutory trust, on behalf of each respective series identified in Exhibit A attached hereto and made a part hereof (each such series hereinafter referred to as a separate "Customer"), as such Exhibit A may be amended by the parties from time to time.
FORM OF OPINIONPacer Funds Trust • July 17th, 2020
INTERIM INVESTMENT SUB-ADVISORY AGREEMENT between Advisors Asset Management, Inc. and Vident Investment Advisory, LLC and ETF Series SolutionsInterim Investment Sub-Advisory Agreement • February 24th, 2023 • ETF Series Solutions • Delaware
This INTERIM INVESTMENT SUB-ADVISORY AGREEMENT (the “Agreement”) is made as of this 24th day of January, 2023 by and between Advisors Asset Management, Inc., a Delaware corporation with its principal place of business at 18925 Base Camp Road, Suite 203, Monument, Colorado 80132 (the “Adviser”), ETF Series Solutions (the “Trust”), and Vident Investment Advisory, LLC, a Delaware limited liability company with its principal place of business located at 1125 Sanctuary Parkway, Suite 515, Alpharetta, Georgia 30009 (the “Sub-Adviser”).
CHIEF COMPLIANCE OFFICER AGREEMENTChief Compliance Officer Agreement • May 26th, 2022 • ETF Series Solutions • Wisconsin
THIS CHIEF COMPLIANCE OFFICER AGREEMENT (the “Agreement”) is dated as of this, May 24, 2022, by and between U.S. Bancorp Fund Services, LLC, doing business as U.S. Bank Global Fund Services (“Service Provider”'), ETF Series Solutions (the “Trust”), and Cynthia Andrae (“Compliance Officer”).
DISTRIBUTION AGREEMENTDistribution Agreement • December 23rd, 2020 • ETF Series Solutions
THIS DISTRIBUTION AGREEMENT (“Agreement”) is by and between Quasar Distributors, LLC (the “Distributor”), ETF Series Solutions (the “Fund Company”), and Exchange Traded Concepts, LLC (the “Adviser”).
FORM OF AUTHORIZED PARTICIPANT AGREEMENT INVESTMENT MANAGERS SERIES TRUST IIAuthorized Participant Agreement • December 17th, 2021 • Investment Managers Series Trust II • New York
This Authorized Participant Agreement (the “Agreement”) is entered into by and between IMST Distributors, LLC, LLC (the “Distributor”) and __________ (the “Participant”) and is subject to acceptance by Brown Brothers Harriman & Co. (the “Transfer Agent/Index Receipt Agent”), and is further subject to acknowledgement and agreement by Investment Managers Series Trust II (the “Trust”), a series trust offering a number of portfolios of securities (each a “Fund” and collectively the “Funds”), solely with respect to Sections 4(c) and 12(c) herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time, and included in the Trust’s Registration Statement on Form N-1A, as it may be amended from time to time, or otherwise filed with the U.S. Securities and Exchange Commission (“SEC”) (together with such Fund’s Statement of Additional Information incorporated therein, the “Prospectus”).
ETF SERIES SOLUTIONS INTERIM INVESTMENT ADVISORY AGREEMENTInterim Investment Advisory Agreement • February 24th, 2023 • ETF Series Solutions • Delaware
This INTERIM INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made as of this 24th day of January, 2023 by and between ETF SERIES SOLUTIONS (the “Trust”), a Delaware statutory trust, and Advisors Asset Management, Inc., a Delaware corporation with its principal place of business at 18925 Base Camp Road, Suite 203, Monument, Colorado 80132 (the “Adviser”).
AMENDMENT TO THE ETF SERIES SOLUTIONS FUND ACCOUNTING SERVICING AGREEMENTFund Accounting Servicing Agreement • November 23rd, 2021 • ETF Series Solutions
THIS AMENDMENT to the Fund Accounting Servicing Agreement, dated as of May 16, 2012, as amended (the “Agreement”), is entered into by and between ETF SERIES SOLUTIONS, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).
Fee Waiver Agreement September 29, 2020Etf Series Solutions • September 29th, 2020 • ETF Series Solutions • Delaware
THIS FEE WAIVER AGREEMENT (the “Agreement”) is entered into by and between ETF Series Solutions, a Delaware statutory trust (the “Trust”), on behalf of the ClearShares OCIO ETF (“OCIO”), a series of the Trust, and ClearShares, LLC (the “Adviser”), OCIO’s investment adviser.
Portions of this exhibit have been redacted because it is both (1) not material and (2) would likely cause competitive harm to the registrant if publicly disclosed. AMENDMENT TO THE ETF SERIES SOLUTIONS CUSTODY AGREEMENTCustody Agreement • July 26th, 2023 • ETF Series Solutions
THIS AMENDMENT is made and entered into as of the last date on the signature page, to the Custody Agreement, dated as of May 16, 2012, as amended (the “Agreement”), is entered into by and between ETF SERIES SOLUTIONS, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Custodian”).
AMENDMENT TO THE ETF SERIES SOLUTIONS FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • November 23rd, 2021 • ETF Series Solutions
THIS AMENDMENT to the Fund Administration Servicing Agreement, dated as of May 16, 2012, as amended (the “Agreement”), is entered into by and between ETF SERIES SOLUTIONS, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).
AMENDMENT TO THE ETF SERIES SOLUTIONS FUND ACCOUNTING SERVICING AGREEMENTFund Accounting Servicing Agreement • March 5th, 2021 • ETF Series Solutions
THIS AMENDMENT, as of February 12, 2021 to the Fund Accounting Servicing Agreement dated as of May 16, 2012, as amended (the “Agreement”), is entered into by and between ETF SERIES SOLUTIONS, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).
