RBB Fund Trust Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT is made and entered into as of this 22nd day of October, 2015, by and between PENN Capital Funds 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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INVESTMENT SUB-ADVISORY AGREEMENT with Vident Advisory, LLC
Investment Sub-Advisory Agreement • October 25th, 2023 • RBB Fund Trust • Delaware

This INVESTMENT SUB-ADVISORY AGREEMENT (the “Agreement”) is made as of this 14th day of July 2023 by and among THE ENERGY & MINERALS GROUP ADVISORS, LLC, a Delaware limited liability company company (the “Adviser”), THE RBB FUND TRUST, a Delaware statutory trust (the “Trust”), and VIDENT ADVISORY, LLC, a Delaware limited liability company (the “Sub-Adviser”).

FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT is made and entered into as of this 22nd day of October, 2015, by and between PENN Capital Funds Trust, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of PENN CAPITAL FUNDS TRUST a Delaware Statutory Trust (Original Agreement and Declaration of Trust was adopted August 29, 2014; Amended and Restated Agreement and Declaration of Trust was...
Agreement and Declaration of Trust • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT AND DECLARATION OF TRUST is made as of this 21st day of October, 2015, by the Trustees hereunder and by the holders of Shares to be issued by PENN Capital Funds Trust (the “Trust”) hereunder, and (i) incorporates herein and makes a part of this Amended and Restated Agreement and Declaration of Trust the resolutions of the Board of Trustees of the Trust adopted prior to the date set forth above, pursuant to the provisions of the original Agreement and Declaration of Trust dated August 29, 2014 (the “Original Declaration of Trust”), regarding the establishment and designation of Series and/or Classes of the Shares of the Trust, and any amendments or modifications to such resolutions adopted through the date hereof, as of the date of the adoption of each such resolution, and (ii) amends and restates the Original Declaration of Trust pursuant to Article IX, Section 1, of such Original Declaration of Trust, as hereinafter provided.

DISTRIBUTION AGREEMENT
Distribution Agreement • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT is made and entered into as of this 22nd day of October, 2015 by and between PENN Capital Funds Trust, a Delaware statutory trust (the “Client”) and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”).

INVESTMENT ADVISORY AGREEMENT Evermore Global Value Fund
Investment Advisory Agreement • April 26th, 2023 • RBB Fund Trust • Delaware

AGREEMENT made as of March 31, 2023 between THE RBB FUND TRUST, a Delaware statutory trust (herein called the "Fund"), and F/M INVESTMENTS, LLC, d/b/a NORTH SLOPE CAPITAL LLC, a Delaware limited liability company (herein called the "Investment Adviser").

AGREEMENT AND DECLARATION OF TRUST
Trust Agreement • November 13th, 2014 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT AND DECLARATION OF TRUST is made as of this 29th day of August, 2014, by the Trustees hereunder and by the holders of Shares to be issued by PENN Capital Funds Trust (the “Trust”), as hereinafter provided.

ETF DISTRIBUTION AGREEMENT
Etf Distribution Agreement • December 27th, 2022 • RBB Fund Trust • Wisconsin

This distribution agreement (the "Agreement") is effective as of November 25, 2022, and made by The RBB Fund Trust, a Delaware statutory trust (the "Trust") having its principal place of business at 615 East Michigan Street, Milwaukee, WI 53202, and Quasar Distributors, LLC, a Delaware limited liability company (the "Distributor") having its principal place of business at 111 E. Kilbourn Avenue, Suite 2200, Milwaukee, WI 53202.

TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT is made and entered into as of this 22nd day of October, 2015, by and between PENN Capital Funds Trust, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

EXPENSE LIMITATION AND REIMBURSEMENT AGREEMENT
Expense Limitation and Reimbursement Agreement • December 30th, 2022 • RBB Fund Trust • Delaware

THIS EXPENSE LIMITATION AND REIMBURSEMENT AGREEMENT (the “Agreement”) is effective as of December 12, 2022 by and between Torray LLC (the “Adviser”), a Maryland limited liability company, and The RBB Fund Trust, a Delaware statutory trust (the “Trust”), on behalf of its series listed on Appendix A hereto (the “Fund”).

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT is made and entered into as of this 22nd day of October, 2015, by and between PENN Capital Funds Trust, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

PURCHASE AGREEMENT
Purchase Agreement • November 18th, 2015 • PENN Capital Funds Trust

PENN Capital Funds Trust (the “Trust”), a Delaware statutory trust, and PENN Capital Management Company, Inc. (the “Adviser”), a Delaware corporation, hereby agree as follows:

PENN Capital Funds Trust Expense Limitation Agreement
Expense Limitation Agreement • October 29th, 2018 • PENN Capital Funds Trust

THIS AGREEMENT is made by and between PENN Capital Funds Trust, a Delaware statutory trust (the “Trust”), on behalf of the funds listed on Schedule A hereto (each, a “Fund” and collectively, the “Funds”), and Penn Capital Management Company, Inc., a Delaware corporation (the “Adviser”).

Distribution Agreement
Distribution Agreement • August 16th, 2022 • RBB Fund Trust

THIS DISTRIBUTION AGREEMENT (“Agreement”) effective as of the closing of the Transaction (as defined below) (the “Closing Date”) is by and between Foreside Funds Services, LLC (the “Distributor”), and Penn Capital Funds Trust (“Fund Company”).

INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • April 26th, 2023 • RBB Fund Trust • Delaware

INVESTMENT SUB-ADVISORY AGREEMENT, dated as of February 17, 2023 (the “Agreement”) by and between F/m Investments, LLC d/b/a North Slope Capital LLC, a Delaware limited liability company (the “Adviser”), and MFP Investors LLC, a Delaware limited liability company (the “Sub-Adviser”).

Contract
Investment Advisory Agreement • November 18th, 2015 • PENN Capital Funds Trust
SEVENTH AMENDMENT TO THE THE RBB FUND TRUST TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • December 13th, 2024 • RBB Fund Trust

THIS AMENDMENT, effective as of the last date in the signature block, to the Transfer Agent Servicing Agreement dated as of October 22, 2015, as amended (the “Agreement”), is entered into by and between THE RBB FUND TRUST (f/k/a PENN Capital Funds Trust), a Delaware statutory trust, (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • December 13th, 2024 • RBB Fund Trust • Delaware

AGREEMENT made as of December 4, 2024 between The RBB Fund Trust (herein called the "Trust"), and First Eagle Investment Management, LLC (herein called the "Adviser").

EIGHTH AMENDMENT TO THE THE RBB FUND TRUST CUSTODY AGREEMENT
Custody Agreement • December 13th, 2024 • RBB Fund Trust

THIS AMENDMENT, effective as of the last date in the signature block, to the Custody Agreement, dated as of October 22, 2015, as amended (the “Agreement”), is entered into by and between THE RBB FUND TRUST (f/k/a PENN Capital Funds Trust), a Delaware statutory trust (the “Trust”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Custodian”).

PURCHASE AGREEMENT
Purchase Agreement • December 30th, 2022 • RBB Fund Trust

The RBB Fund Trust (the “Trust”), a Delaware statutory trust, and Element ETFs, LLC (“Element”), intending to be legally bound, hereby agree with each other as follows:

PENN Capital Funds Trust Expense Limitation Agreement
Expense Limitation Agreement • October 27th, 2017 • PENN Capital Funds Trust

THIS AGREEMENT is made by and between PENN Capital Funds Trust, a Delaware statutory trust (the “Trust”), on behalf of the funds listed on Schedule A hereto (each, a “Fund” and collectively, the “Funds”), and Penn Capital Management Company, Inc., a Delaware corporation (the “Adviser”).

SIXTH AMENDMENT TO THE THE RBB FUND TRUST TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • December 30th, 2022 • RBB Fund Trust

THIS AMENDMENT, effective as of the last date in the signature block, to the Transfer Agent Servicing Agreement dated as of October 22, 2015, as amended (the “Agreement”), is entered into by and between THE RBB FUND TRUST (f/k/a PENN Capital Funds Trust), a Delaware statutory trust, (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

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EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • December 30th, 2022 • RBB Fund Trust • Delaware

THIS EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of December 16, 2022 by and between P/E Global LLC (the “Adviser”), a Delaware limited liability company, and The RBB Fund Trust, a Delaware statutory trust (the “Trust”), on behalf of its series listed on Appendix A hereto (the “Fund”).

SEVENTH AMENDMENT TO THE THE RBB FUND TRUST CUSTODY AGREEMENT
Custody Agreement • December 30th, 2022 • RBB Fund Trust

THIS AMENDMENT, effective as of the last date in the signature block, to the Custody Agreement, dated as of October 22, 2015, as amended (the “Agreement”), is entered into by and between THE RBB FUND TRUST (f/k/a PENN Capital Funds Trust), a Delaware statutory trust (the “Trust”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Custodian”).

INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • December 13th, 2024 • RBB Fund Trust • Delaware

This AGREEMENT, dated as of December 4, 2024 by and between First Eagle Investment Management, LLC, a Delaware limited liability company (the “Adviser”) and Exchange Traded Concepts, LLC, an Oklahoma limited liability company (the “Sub-Adviser”).

EIGHTH AMENDMENT TO THE THE RBB FUND TRUST FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • December 9th, 2022 • RBB Fund Trust

THIS AMENDMENT, effective as of the date of the last date in the signature block, to the Fund Accounting Servicing Agreement, dated as of October 22, 2015, as amended (the “Agreement”), is entered into by and between THE RBB FUND TRUST (f/k/a PENN Capital Funds 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”).

FORM OF PURCHASE AGREEMENT
Purchase Agreement • December 27th, 2022 • RBB Fund Trust

The RBB Fund Trust (the “Trust”), a Delaware statutory trust, and Element ETFs, LLC (“Element”), intending to be legally bound, hereby agree with each other as follows:

PURCHASE AGREEMENT
Purchase Agreement • March 30th, 2023 • RBB Fund Trust

The RBB Fund Trust (the “Trust”), a Delaware statutory trust, and Evermore Global Advisors, LLC (“Evermore”), intending to be legally bound, hereby agree with each other as follows:

PURCHASE AGREEMENT
Purchase Agreement • December 9th, 2022 • RBB Fund Trust

The RBB Fund Trust (the “Trust”), a Delaware statutory trust, and Torray LLC (“Torray”), intending to be legally bound, hereby agree with each other as follows:

PENN Capital Funds Trust Expense Limitation Agreement
Expense Limitation Agreement • July 14th, 2017 • PENN Capital Funds Trust

THIS AGREEMENT is made by and between PENN Capital Funds Trust, a Delaware statutory trust (the "Trust"), on behalf of the funds listed on Schedule A hereto (each, a "Fund" and collectively, the "Funds"), and Penn Capital Management Company, Inc., a Delaware corporation (the "Adviser").

FIRST AMENDMENT TO DISTRIBUTION AGREEMENT
Distribution Agreement • December 21st, 2023 • RBB Fund Trust • Delaware

This first amendment (“Amendment”) to the distribution agreement (the “Agreement”) dated as of November 21, 2022, by and between The RBB Fund Trust and Quasar Distributors, LLC (together, the “Parties”) is effective as of November 30, 2022.

SIXTH AMENDMENT TO THE THE RBB FUND TRUST CUSTODY AGREEMENT
Custody Agreement • December 9th, 2022 • RBB Fund Trust

THIS AMENDMENT, effective as of the last date in the signature block, to the Custody Agreement, dated as of October 22, 2015, as amended (the “Agreement”), is entered into by and between THE RBB FUND TRUST (f/k/a PENN Capital Funds Trust), a Delaware statutory trust (the “Trust”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Custodian”).

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • December 18th, 2024 • RBB Fund Trust • Delaware

AGREEMENT made as of December 18, 2024 between THE RBB FUND TRUST, a Delaware statutory trust (herein called the “Fund”), and Tweedy, Browne Company LLC, a Delaware limited liability company (herein called the “Investment Adviser”).

FIRST AMENDMENT TO THE PENN CAPITAL FUNDS TRUST TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • October 27th, 2017 • PENN Capital Funds Trust

THIS FIRST AMENDMENT, effective as of July 17, 2017 to the Transfer Agent Servicing Agreement dated as of October 22, 2015 (the “Agreement”), is entered into by and between PENN Capital Funds Trust, a Delaware statutory trust, (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

FIRST AMENDMENT TO DISTRIBUTION AGREEMENT
Distribution Agreement • April 26th, 2023 • RBB Fund Trust • Delaware

This first amendment (“Amendment”) to the novated distribution agreement (the “Agreement”) dated as of September 30, 2021, by and between The RBB Fund Trust (f/k/a PENN Capital Funds Trust), a Delaware statutory trust, and Foreside Fund Services, LLC, a Delaware limited liability company (together, the “Parties”) is effective as of February 14, 2023.

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