Forethought Variable Insurance Trust Sample Contracts

UNDERWRITING AGREEMENT Between FORETHOUGHT VARIABLE INSURANCE TRUST and NORTHERN LIGHTS DISTRIBUTORS, LLC
Underwriting Agreement • October 17th, 2013 • Forethought Variable Insurance Trust • Nebraska

THIS UNDERWRITING AGREEMENT effective the 10th day of September, 2013, by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust having its principal office and place of business at 300 North Meridian Street, Suite 1800, Indianapolis, Indiana 46204 (the “Trust”), and NORTHERN LIGHTS DISTRIBUTORS, LLC, a Nebraska limited liability company having its principal office and place of business at 17605 Wright Street, Omaha, Nebraska 68130 (“NLD”).

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FUND SERVICES AGREEMENT between FORETHOUGHT VARIABLE INSURANCE TRUST
Fund Services Agreement • February 12th, 2016 • Forethought Variable Insurance Trust • New York

THIS FUND SERVICES AGREEMENT (this “Agreement”) effective as of the 10th day of September, 2013, by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust having its principal office and place of business at 300 North Meridian Street, Suite 1800, Indianapolis, Indiana 46204 (the "Trust") and GEMINI FUND SERVICES, LLC, a Nebraska limited liability company having its principal office and place of business at 17605 Wright Street, Suite 2, Omaha, Nebraska 68130 (“GFS”). This Agreement replaces and supersedes all prior understandings and agreements between the parties hereto for the services described below.

AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration • July 9th, 2013 • Forethought Variable Insurance Trust • Delaware

AGREEMENT AND DECLARATION OF TRUST made this 17th day of June 2013, by the Trustees hereunder, and by the holders of shares of beneficial interest to be issued hereunder as hereinafter provided. This Agreement and Declaration of Trust shall be effective upon the filing of the Certificate of Trust in the office of the Secretary of State of the State of Delaware.

INVESTMENT ADVISORY AGREEMENT FOR SUBADVISER
Investment Advisory Agreement for Subadviser • October 17th, 2013 • Forethought Variable Insurance Trust • Massachusetts

AGREEMENT made as of the 16th day of September by and among Forethought Investment Advisors LLC, a Delaware limited liability company (the "Investment Adviser"), Forethought Variable Insurance Trust, a Delaware statutory trust (the "Trust"), on behalf of its series,

INVESTMENT ADVISORY AGREEMENT FOR SUBADVISER
Investment Advisory Agreement • April 29th, 2021 • Forethought Variable Insurance Trust • Massachusetts

AGREEMENT made as of the 1st day of February, 2021 by and among Global Atlantic Investment Advisors, LLC, a Delaware limited liability company (the “Investment Adviser”), Forethought Variable Insurance Trust, a Delaware statutory trust (the “Trust”), on behalf of its series, Global Atlantic Wellington Research Managed Risk Portfolio (the “Fund”), and Wellington Management Company LLP (the “Subadviser”).

Contract
Global Custody Agreement • April 28th, 2014 • Forethought Variable Insurance Trust • California

This Custodian Agreement (“Agreement”) is made as of September 10, 2013 by and between Forethought Variable Investment Trust ("Principal") and Union Bank, N.A. ("Custodian").

AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT FOR SUBADVISER
Investment Advisory Agreement • April 29th, 2021 • Forethought Variable Insurance Trust • New York

AGREEMENT made as of the 1st day of February, 2021 and amended and restated effective May 1, 2021 by and among Global Atlantic Investment Advisors, LLC, an Indiana limited liability company (the "Investment Adviser"), Forethought Variable Insurance Trust, a Delaware statutory trust (the "Trust"), on behalf of its series, listed in Schedule A, as may be amended from time to time (the “Funds”), and BlackRock Investment Management, LLC (the “Sub-adviser"), a Delaware limited liability company located at 1 University Square Drive, Princeton, New Jersey 08540.

FORM OF INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • April 15th, 2016 • Forethought Variable Insurance Trust • Indiana

THIS AGREEMENT dated this January 2, 2014 as amended February 11, 2014, March 12, 2014, February 6, 2015, and April [ ], 2016 between Forethought Variable Insurance Trust, a Delaware statutory trust (the "Trust"), and Global Atlantic Investment Advisors, LLC (known as Forethought Investment Advisors LLC prior to [ ], 2016), an Indiana limited liability company (the "Advisor").

INVESTMENT SUBADVISORY AGREEMENT
Investment Subadvisory Agreement • April 29th, 2021 • Forethought Variable Insurance Trust • Maryland

INVESTMENT SUBADVISORY AGREEMENT, effective February 1, 2021 by and between GLOBAL ATLANTIC INVESTMENT ADVISORS, LLC, an Indiana limited liability corporation registered as an investment advisor under the Investment Advisors Act of 1940 (the “Advisor”), and MILLIMAN FINANCIAL RISK MANAGEMENT LLC, a Delaware limited liability company (the “Subadvisor”).

INVESTMENT ADVISORY AGREEMENT FOR SUBADVISER
Investment Advisory Agreement • April 29th, 2021 • Forethought Variable Insurance Trust • New York

AGREEMENT made as of the 1st day of February, 2021, by and among Global Atlantic Investment Advisors, LLC, an Indiana limited liability company (the “Investment Adviser”), Forethought Variable Insurance Trust, a Delaware statutory trust (the “Trust”), on behalf of each series listed in Appendix A attached hereto, as may be amended from time to time, (the “Funds”), and Goldman Sachs Asset Management, L.P. (the “Subadviser”).

FORETHOUGHT VARIABLE INSURANCE TRUST OPERATING EXPENSES LIMITATION AGREEMENT
Forethought Variable Insurance Trust Operating Expenses Limitation Agreement • April 27th, 2015 • Forethought Variable Insurance Trust • Indiana

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is effective as of the 10th day of September, 2013, as amended February 11, 2014, March 12, 2014, February 6, 2015, April 8, 2015 and April 27, 2015 by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each fund listed in Appendix A, (each a “Fund” and collectively the “Funds”) each a series of the Trust, and the Advisor of such Funds, Forethought Investment Advisors, LLC (the “Advisor”).

AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT FOR SUBADVISER
Investment Advisory Agreement • February 7th, 2018 • Forethought Variable Insurance Trust • Indiana

AGREEMENT made as of the 26th day of March, 2014 and amended and restated as of June 27, 2017 by and among Global Atlantic Investment Advisors, LLC (formerly Forethought Investment Advisers LLC prior to March 30, 2016), a Delaware limited liability company (the “Investment Adviser”), Forethought Variable Insurance Trust, a Delaware statutory trust (the “Trust”), on behalf of its series, Global Atlantic Franklin Dividend and Income Managed Risk Portfolio (formerly FVIT Franklin Dividend and Income Managed Risk Portfolio prior to April 29, 2016) (the “Fund”), and Franklin Advisory Services, LLC (“Franklin” or the “Subadviser”).

AMENDED AND RESTATED FORETHOUGHT VARIABLE INSURANCE TRUST OPERATING EXPENSES LIMITATION AGREEMENT
Forethought Variable Insurance Trust Operating Expenses Limitation Agreement • February 7th, 2018 • Forethought Variable Insurance Trust • Indiana

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is effective as of the 10th day of September, 2013, as amended through November 24, 2017 by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each fund listed in Appendix A, (each a “Fund” and collectively the “Funds”) each a series of the Trust, and the Advisor of such Funds, Global Atlantic Investment Advisors, LLC (formerly, Forethought Investment Advisors, LLC prior to March 30, 2016) (the “Advisor”).

FORETHOUGHT VARIABLE INSURANCE TRUST ADVISORY FEE WAIVER AGREEMENT
Forethought Variable Insurance Trust Advisory Fee Waiver Agreement • April 28th, 2017 • Forethought Variable Insurance Trust • Indiana

THIS ADVISORY FEE WAIVER AGREEMENT (the “Agreement”) is effective as of the 10th day of September, 2013, as amended through April 28, 2016 by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each fund listed in Schedule A and Schedule B, (each a “Fund” and collectively the “Funds”) each a series of the Trust, and the Advisor of such Funds, Global Atlantic Investment Advisors, LLC (formerly Forethought Investment Advisors, LLC prior to March 30, 2016) (the “Advisor”).

UNDERWRITING AGREEMENT Between FORETHOUGHT VARIABLE INSURANCE TRUST and Global atlantic DISTRIBUTORS, LLC INDEX ATTACHED SCHEDULES
Underwriting Agreement • April 29th, 2021 • Forethought Variable Insurance Trust • Delaware

THIS UNDERWRITING AGREEMENT effective the 1st day of February, 2021, by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust having its principal office and place of business at 10 West Market Street, Suite 2300, Indianapolis, Indiana 46204 (the “Trust”), and GLOBAL ATLANTIC DISTRIBUTORS, LLC, a corporation organized and existing under the laws of the State of Delaware having its principal office and place of business at One Financial Plaza, 755 Main Street, 24th Floor, Hartford Connecticut 06103 (“GAD”).

Amendment No. 1 to Investment Advisory Agreement
Investment Advisory Agreement • August 23rd, 2021 • Forethought Variable Insurance Trust

Amendment No. 1 dated August 12, 2021 to the Investment Advisory Agreement dated February 1, 2021 (the “Agreement”) made by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), and GLOBAL ATLANTIC INVESTMENT ADVISORS, LLC, an Indiana limited liability company (the “Advisor”). Capitalized terms used herein and not otherwise defined shall have the definition set out in the Agreement.

INVESTMENT ADVISORY AGREEMENT FOR SUBADVISER
Investment Advisory Agreement • April 27th, 2015 • Forethought Variable Insurance Trust • Indiana

AGREEMENT made as of the 8 day of April, 2015 by and among Forethought Investment Advisors LLC, an Indiana limited liability company (the "Investment Adviser"), Forethought Variable Insurance Trust, a Delaware statutory trust (the "Trust"), on behalf of its series, FVIT PIMCO Tactical Allocation Portfolio (the “Fund”), and Pacific Investment Management Company LLC, a Delaware limited liability company (the “Subadviser" or “PIMCO”).

UNDERWRITING AGREEMENT
Underwriting Agreement • July 29th, 2016 • Forethought Variable Insurance Trust • Nebraska

THIS UNDERWRITING AGREEMENT effective the 30th day of April, 2015, by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust having its principal office and place of business at 300 North Meridian Street, Suite 1800, Indianapolis, Indiana 46204 (the “Trust”), and NORTHERN LIGHTS DISTRIBUTORS, LLC, a Nebraska limited liability company having its principal office and place of business at 17605 Wright Street, Omaha, Nebraska 68130 (“NLD”).

FORETHOUGHT VARIABLE INSURANCE TRUST OPERATING EXPENSES LIMITATION AGREEMENT
Forethought Variable Insurance Trust Operating Expenses Limitation Agreement • April 29th, 2016 • Forethought Variable Insurance Trust • Indiana

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is effective as of the 10th day of September, 2013, as amended February 11, 2014, March 12, 2014, February 6, 2015, April 8, 2015, April 27, 2015 and April 28, 2016 by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each fund listed in Appendix A, (each a “Fund” and collectively the “Funds”) each a series of the Trust, and the Advisor of such Funds, Global Atlantic Investment Advisors, LLC (formerly Forethought Investment Advisors, LLC prior to March 30, 2016) (the “Advisor”).

TRANSFER AGENCY AND SHAREHOLDER SERVICES AGREEMENT
Transfer Agency and Shareholder Services Agreement • April 28th, 2020 • Forethought Variable Insurance Trust

This Transfer Agency And Shareholder Services Agreement is made as of November 1, 2019 (“Effective Date”) by and between BNY Mellon Investment Servicing (US) Inc., a Massachusetts business corporation (“BNYM”), and Forethought Variable Insurance Trust, a Delaware statutory trust (the “Investment Company”), on its own behalf and on behalf of each of its Portfolios listed on Schedule B, each in its individual and separate capacity. Capitalized terms, and certain noncapitalized terms, not otherwise defined have the meanings set forth in Schedule A. The term “Agreement” means this Transfer Agency And Shareholder Services Agreement as constituted on the Effective Date, and thereafter as it may be amended from time to time as provided for herein. All references to “Schedule B” mean Schedule B attached hereto as constituted on the Effective Date, and thereafter as it may be amended from time to time (deemed or in writing) pursuant to Section 16 or 19(l). The term “Fund” as used in this Agreem

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • October 17th, 2013 • Forethought Variable Insurance Trust • Indiana

THIS AGREEMENT dated this 10th day of September, 2013 between Forethought Variable Investment Trust, a Delaware business trust (the "Trust"), and Forethought Investment Advisors LLC, a Delaware limited liability company (the "Advisor").

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • November 16th, 2015 • Forethought Variable Insurance Trust • Indiana

THIS AGREEMENT dated this January 2, 2014 as amended February 11, 2014, March 12, 2014, February 6, 2015 and November 3, 2015 between Forethought Variable Insurance Trust, a Delaware business trust (the "Trust"), and Forethought Investment Advisors LLC, a Delaware limited liability company (the "Advisor").

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AMENDED AND RESTATED FORETHOUGHT VARIABLE INSURANCE TRUST OPERATING EXPENSES LIMITATION AGREEMENT
Forethought Variable Insurance Trust Operating Expenses Limitation Agreement • February 15th, 2017 • Forethought Variable Insurance Trust • Indiana

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is effective as of the 10th day of September, 2013, as amended February 11, 2014, March 12, 2014, February 6, 2015, April 8, 2015, April 27, 2015, April 28, 2016 and August 16, 2016 by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each fund listed in Appendix A, (each a “Fund” and collectively the “Funds”) each a series of the Trust, and the Advisor of such Funds, Global Atlantic Investment Advisors, LLC (formerly Forethought Investment Advisors, LLC prior to March 30, 2016) (the “Advisor”).

First Amendment to Investment Subadvisory Agreement
Investment Subadvisory Agreement • April 29th, 2021 • Forethought Variable Insurance Trust

First Amendment dated February 9, 2021 to the Investment Subadvisory Agreement dated February 1, 2021 (the “Agreement”) made by and among GLOBAL ATLANTIC INVESTMENT ADVISORS, LLC, an Indiana limited liability corporation registered as an investment advisor under the Investment Advisors Act of 1940 (the “Advisor”), and MILLIMAN FINANCIAL RISK MANAGEMENT LLC, a Delaware limited liability company (the “Subadvisor”).Capitalized terms used herein and not otherwise defined shall have the definition set out in the Agreement.

FORETHOUGHT VARIABLE INSURANCE TRUST ADVISORY FEE WAIVER AGREEMENT
Forethought Variable Insurance Trust Advisory Fee Waiver Agreement • April 29th, 2016 • Forethought Variable Insurance Trust • Indiana

THIS ADVISORY FEE WAIVER AGREEMENT (the “Agreement”) is effective as of the 10th day of September, 2013, as amended through April 28, 2016 by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each fund listed in Schedule A and Schedule B, (each a “Fund” and collectively the “Funds”) each a series of the Trust, and the Advisor of such Funds, Global Atlantic Investment Advisors, LLC (formerly Forethought Investment Advisors, LLC prior to March 30, 2016) (the “Advisor”).

FORETHOUGHT VARIABLE INSURANCE TRUST OPERATING EXPENSES LIMITATION AGREEMENT
Forethought Variable Insurance Trust Operating Expenses Limitation Agreement • April 27th, 2023 • Forethought Variable Insurance Trust • Indiana

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is made as of November 3, 2022 and effective as of May 1, 2023, by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each fund and in accordance with the rates listed in Appendix A, (each a “Fund” and collectively the “Funds”) each a series of the Trust, and the Advisor of such Funds, Global Atlantic Investment Advisors, LLC (the “Advisor”).

AMENDED AND RESTATED FORETHOUGHT VARIABLE INSURANCE TRUST OPERATING EXPENSES LIMITATION AGREEMENT
Forethought Variable Insurance Trust Operating Expenses Limitation Agreement • April 28th, 2017 • Forethought Variable Insurance Trust • Indiana

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is effective as of the 10th day of September, 2013, as amended through April 13, 2017 by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each fund listed in Appendix A, (each a “Fund” and collectively the “Funds”) each a series of the Trust, and the Advisor of such Funds, Global Atlantic Investment Advisors, LLC (formerly Forethought Investment Advisors, LLC prior to March 30, 2016) (the “Advisor”).

AMENDED AND RESTATED FORETHOUGHT VARIABLE INSURANCE TRUST OPERATING EXPENSES LIMITATION AGREEMENT
Forethought Variable Insurance Trust Operating Expenses Limitation Agreement • August 23rd, 2021 • Forethought Variable Insurance Trust • Indiana

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is effective as of August 20, 2021, by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each fund and in accordance with the rates listed in Appendix A, (each a “Fund” and collectively the “Funds”) each a series of the Trust, and the Advisor of such Funds, Global Atlantic Investment Advisors, LLC (the “Advisor”).

AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT By and between Forethought Variable Insurance Trust and Global Atlantic Investment Advisors, LLC
Investment Advisory Agreement • June 23rd, 2017 • Forethought Variable Insurance Trust • Indiana

THIS AGREEMENT dated this January 2, 2014 as amended through June 16, 2017 between Forethought Variable Insurance Trust, a Delaware statutory trust (the “Trust”), and Global Atlantic Investment Advisors, LLC (known as Forethought Investment Advisors LLC prior to March 30, 2016), an Indiana limited liability company (the “Advisor”).

First Amendment to Investment Subadvisory Agreement
Investment Subadvisory Agreement • April 29th, 2021 • Forethought Variable Insurance Trust

First Amendment dated February 9, 2021 to the Investment Subadvisory Agreement dated February 1, 2021 (the “Agreement”) made between GLOBAL ATLANTIC INVESTMENT ADVISORS, LLC (the “Advisor”), an Indiana limited liability corporation registered as an investment advisor under the Investment Advisors Act of 1940, Forethought Variable Insurance Trust, a Delaware statutory trust (the “Trust”), on behalf of its series, Global Atlantic Franklin Dividend and Income Managed Risk Portfolio and FRANKLIN ADVISERS, INC. (“Franklin” or the “Subadvisor”). Capitalized terms used herein and not otherwise defined shall have the definition set out in the Agreement.

For Amendment No. 2 To Transfer Agency Services Agreement
Transfer Agency Services Agreement • April 27th, 2023 • Forethought Variable Insurance Trust

This Amendment No. 2 To Transfer Agency And Shareholder Services Agreement ("Amendment No. 2"), dated as of November 1, 2022 ("Effective Date"), is being made by and between BNY Mellon Investment Servicing (US) Inc. ("BNYM") and each of Forethought Variable Insurance Trust (the "Investment Company") and each Portfolio of the Investment Company listed on the Schedule B to the Current Agreement (defined below), each in its individual and separate capacity. "Funds" shall have the same meaning in this Amendment No. 2 as in the Current Agreement.

FORETHOUGHT VARIABLE INSURANCE TRUST OPERATING EXPENSES LIMITATION AGREEMENT
Forethought Variable Insurance Trust Operating Expenses Limitation Agreement • July 29th, 2016 • Forethought Variable Insurance Trust • Indiana

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is effective as of the 10th day of September, 2013, as amended February 11, 2014, March 12, 2014, February 6, 2015, April 8, 2015, April 27, 2015, April 28, 2016 and July 28, 2016 by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each fund listed in Appendix A, (each a “Fund” and collectively the “Funds”) each a series of the Trust, and the Advisor of such Funds, Global Atlantic Investment Advisors, LLC (known as Forethought Investment Advisors, LLC prior to March 30, 2016) (the “Advisor”).

Amendment No. 1 to Investment Advisory Agreement for Subadviser
Investment Advisory Agreement • April 29th, 2021 • Forethought Variable Insurance Trust

First Amendment dated February 9, 2021 to the Investment Subadvisory Agreement dated February 1, 2021 (the “Agreement”) made by and among GLOBAL ATLANTIC INVESTMENT ADVISORS, LLC (the “Investment Adviser”), an Indiana limited liability company, Forethought Variable Insurance Trust, a Delaware statutory trust (the “Trust”), on behalf of its series listed in Schedule A to the Agreement, and BLACKROCK INVESTMENT MANAGEMENT, LLC (the “Subadviser”), a Delaware limited liability company. Capitalized terms used herein and not otherwise defined shall have the definition set out in the Agreement.

Amendment to Custody Agreement
Custody Agreement • April 27th, 2023 • Forethought Variable Insurance Trust

Amendment dated August 20, 2021 ("Effective Date") to the Custody Agreement dated November 1, 2019 (the "Agreement") made by and between Forethought Variable Insurance Trust (the "Trust") and The Bank of New York Mellon ("BNY Mellon").

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