TrimTabs ETF Trust Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • November 16th, 2020 • TrimTabs ETF Trust • Minnesota

THIS AGREEMENT, effective as of the 27th day of September, 2016, by and between TRIMTABS ETF 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”).

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AMENDED AND RESTATED DISTRIBUTION AGREEMENT
Distribution Agreement • November 20th, 2018 • TrimTabs ETF Trust • New York

THIS AMENDED AND RESTATED DISTRIBUTION AGREEMENT (the "Agreement"), effective as of the 13th day of September 2018 between TrimTabs ETF Trust (the "Trust"), a Delaware statutory trust and Quasar Distributors, LLC (the "Distributor"), a Delaware limited liability company. TrimTabs Asset Management, LLC, the investment advisor to the Trust (the "Adviser"), is a party hereto with respect to Articles 5 and 6 only.

TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • December 16th, 2014 • TrimTabs ETF Trust • New York

THIS AGREEMENT is made as of the 1st day of November, 2014, by and between TrimTabs ETF Trust, a Delaware statutory trust (the “Trust,” with each series thereof listed on Appendix A hereto (as such Appendix be amended from time to time), a “Fund”) and THE BANK OF NEW YORK MELLON, a New York corporation authorized to do a banking business having its principal office and place of business at One Wall Street, New York, New York 10286 (the “Bank”).

TRIMTABS ETF TRUST DISTRIBUTION AGREEMENT
Distribution Agreement • December 16th, 2014 • TrimTabs ETF Trust • Delaware

This Distribution Agreement (the “Agreement”) is made this __ day of _________ 2014 by and between TrimTabs ETF Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at 3 Harbor Drive, Suite 112, Sausalito, CA 94965 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.

TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • September 20th, 2016 • TrimTabs ETF Trust • Wisconsin

THIS AGREEMENT is made and entered into as of this _____ day of September, 2016, by and between TRIMTABS ETF TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).

FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • September 20th, 2016 • TrimTabs ETF Trust • Wisconsin

THIS AGREEMENT is made as of this ____ day of September, 2016 by and between TRIMTABS ETF TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • November 16th, 2020 • TrimTabs ETF Trust • Delaware

Agreement made as of June 2, 2015, between TRIMTABS ETF TRUST, a Delaware statutory trust (“Trust”), and TrimTabs Asset Management, LLC (“Adviser”), a registered investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”).

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • September 20th, 2016 • TrimTabs ETF Trust • Wisconsin

THIS AGREEMENT is made and entered into as of the _____ day of September, 2016, by and between TRIMTABS ETF TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).

FUND NAME], A SERIES OF ETF SERIES SOLUTIONS FORM OF AUTHORIZED PARTICIPANT AGREEMENT QUASAR DISTRIBUTORS, LLC
Authorized Participant Agreement • September 20th, 2016 • TrimTabs ETF 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 [FUND NAME] ETF Series Solutions (the “Trust” and, together with the Distributor, Participant, Index Receipt Agent, and Trust, the “Parties”).

AMENDED AND RESTATED FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • November 16th, 2020 • TrimTabs ETF Trust • Wisconsin

THIS AMENDED AND RESTATED FUND ACCOUNTING SERVICING AGREEMENT (this “Agreement”) is made and entered into as of this 29th day of June 2018, by and between TRIMTABS ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).

CUSTODY AGREEMENT by and between TRIMTABS ETF TRUST and THE BANK OF NEW YORK MELLON
Custody Agreement • December 16th, 2014 • TrimTabs ETF Trust • New York

CUSTODY AGREEMENT, dated as of the latest date set forth on the signature page hereto, between TRIMTABS ETF Trust, a Delaware statutory trust (the “Fund” or “Trust”) and THE BANK OF NEW YORK MELLON, a bank organized under the laws of the state of New York (the “Custodian”).

SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • November 22nd, 2023 • TrimTabs ETF Trust • Delaware

THIS SUB-ADVISORY AGREEMENT (the “Agreement”), dated November 29, 2021, is made by and between FCF Advisors LLC, a Delaware limited liability company (the “Adviser”), and Donoghue Forlines LLC, a Delaware limited liability company (the “Sub-Adviser”).

AMENDED AND RESTATED FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • November 16th, 2020 • TrimTabs ETF Trust • Wisconsin

THIS AMENDED AND RESTATED FUND ADMINISTRATION SERVICING AGREEMENT (this “Agreement”) is made and entered into as of the 29th day of June, 2018, by and between TRIMTABS ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).

SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • November 26th, 2024 • TrimTabs ETF Trust • Delaware

THIS SUB-ADVISORY AGREEMENT (the “Agreement”), dated [_], 2024, is made by and between FCF Advisors LLC, a Delaware limited liability company (the “Adviser”), and Donoghue Forlines LLC, a Delaware limited liability company (the “Sub-Adviser”).

AMENDED AND RESTATED TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • November 16th, 2020 • TrimTabs ETF Trust • Wisconsin

THIS AMENDED AND RESTATED TRANSFER AGENT SERVICING AGREEMENT (this “Agreement”) is made and entered into as of this 29th day of June, 2018, by and between TRIMTABS ETF TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).

AMENDMENT TO THE SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • November 22nd, 2023 • TrimTabs ETF Trust

THIS AMENDMENT (the "Amendment"), dated as of April 13, 2021, to the Sub-Advisory Agreement, dated as of November 9, 2020 (the "Sub-Advisory Agreement"), is made by and between TrimTabs Asset Management, LLC, a Delaware limited liability company (the "Adviser"), and Donoghue Forlines LLC, a Delaware limited liability company (the "Sub-Adviser").

TRIMTABS ETF TRUST AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • December 16th, 2014 • TrimTabs ETF Trust • Delaware

This Authorized Participant Agreement (the “Agreement”) is entered into by and between Foreside Fund Services, LLC (the “Distributor”) and [ ] (the “Participant”) and is subject to acceptance by The Bank of New York Mellon (the “Index Receipt Agent”) as index receipt agent for TrimTabs ETF Trust (the “Trust”).

SECOND AMENDMENT to the AMENDED AND RESTATED TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • November 16th, 2020 • TrimTabs ETF Trust

THIS SECOND AMENDMENT to the Amended and Restated Transfer Agent Servicing Agreement is made and entered into by and between TRIMTABS ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U. S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”) and is dated as of the last date on the signature block.

DISTRIBUTION AGREEMENT
Distribution Agreement • November 16th, 2020 • TrimTabs ETF Trust

THIS DISTRIBUTION AGREEMENT (“Agreement”) is entered into by and between Quasar Distributors, LLC (the “Distributor”), TrimTabs ETF Trust (“Fund Company”) and TrimTabs Asset Management, LLC, the investment adviser to the Trust (“Adviser”). The Adviser is a party hereto with respect to Articles 5 and 6 only.

FIRST AMENDMENT to the CUSTODY AGREEMENT
Custody Agreement • November 16th, 2020 • TrimTabs ETF Trust

THIS FIRST AMENDMENT to the Custody Agreement is made and entered into by and between TRIMTABS ETF 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”), and is effective October 1, 2019.

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • November 26th, 2024 • TrimTabs ETF Trust • Delaware

Agreement made as of [_], 2024, between TRIMTABS ETF TRUST, a Delaware statutory trust (“Trust”), and FCF Advisors LLC (“Adviser”), a registered investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”).

FIRST AMENDMENT TO DISTRIBUTION AGREEMENT
Distribution Agreement • November 16th, 2020 • TrimTabs ETF Trust

This first amendment (“Amendment”) to the Distribution Agreement (the “Agreement”) dated as of March 31, 2020 by and between TrimTabs ETF Trust (“Fund Company”), TrimTabs Asset Management, LLC (“Adviser”) and Quasar Distributors, LLC (“Foreside”) is entered into as of 11-5-2020, 2020 (the “Effective Date”).

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SECOND AMENDMENT to the CUSTODY AGREEMENT
Custody Agreement • November 16th, 2020 • TrimTabs ETF Trust

THIS SECOND AMENDMENT to the Custody Agreement is made and entered into by and between TRIMTABS ETF 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”), and is dated as of the last date on the signature block.

SECOND AMENDMENT to the AMENDED AND RESTATED FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • November 16th, 2020 • TrimTabs ETF Trust

THIS SECOND AMENDMENT to the Amended and Restated Fund Administration Servicing Agreement is made and entered into by and between TRIMTABS ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U. S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”) and is dated as of the last date on the signature block.

FIRST AMENDMENTTO THE TRIMTABS ETF TRUST CUSTODY AGREEMENT
Custody Agreement • November 16th, 2020 • TrimTabs ETF Trust

THIS FIRST AMENDMENT, dated as of June 5, 2017, to the Custody Agreement dated as of September 27, 2016 (the "Agreement"), is entered into by and between TRIMTABS ETF TRUST, a Delaware statutory trust (the "Trust") and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the "Custodian").

SECOND AMENDMENT to the AMENDED AND RESTATED FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • November 16th, 2020 • TrimTabs ETF Trust

THIS SECOND AMENDMENT to the Amended and Restated Fund Accounting Servicing Agreement is made and entered into by and between TRIMTABS ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U. S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”) and is dated as of the last date on the signature block.

AMENDMENT TO DISTRIBUTION AGREEMENT
Distribution Agreement • November 24th, 2021 • TrimTabs ETF Trust • New York

This amendment (“Amendment”) to the Distribution Agreement (the “Agreement”) by and between TrimTabs ETF Trust (“Fund Company”), FCF Advisors LLC (formerly known as TrimTabs Asset Management, LLC) (“Adviser”) and Quasar Distributors, LLC (“Foreside”) is entered into as of _________, 2021 (the “Effective Date”).

FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • December 16th, 2014 • TrimTabs ETF Trust • New York

THIS AGREEMENT is made as of November 1, 2014 by and between TrimTabs ETF Trust, a Delaware statutory trust (the “Trust”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business (“BNY Mellon”).

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