M3Sixty Funds Trust Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • October 28th, 2021 • M3Sixty Funds Trust • Minnesota

THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between M3SIXTY 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 with its principal place of business at Minneapolis, Minnesota (the “Custodian”).

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Form of THIRD AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT BETWEEN INVESTMENT MANAGERS SERIES TRUST II AND AXS Investments LLC
Investment Advisory Agreement • November 27th, 2020 • Investment Managers Series Trust II • Delaware

THIS THIRD AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT (the “Agreement”), dated as of ___________, to the Investment Advisor Agreement dated October 18, 2019, as amended May 1, 2020 (the “Prior Agreement”), 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”).

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • April 22nd, 2022 • IDX Funds • Delaware

THIS INVESTMENT ADVISORY AGREEMENT (this “Agreement”) is made as of this November 11, 2021, and between IDX Funds, a Delaware statutory trust (the “Trust”) registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and IDX Advisors, LLC, a Florida limited liability company.

DISTRIBUTION AGREEMENT
Distribution Agreement • February 1st, 2018 • M3Sixty Funds Trust • Colorado

THIS AGREEMENT is made as of September 23, 2016 between M3Sixty Funds Trust, a Delaware trust (the “Fund”), and ALPS Distributors, Inc., a Colorado corporation (“ALPS”).

SUB-ADVISORY AGREEMENT BETWEEN AXS INVESTMENTS LLC AND Cognios Capital, LLC
Sub-Advisory Agreement • November 27th, 2020 • Investment Managers Series Trust II • Delaware

THIS SUB-ADVISORY AGREEMENT (the “Agreement”), dated as of _______________, 20__, 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, Port Chester, New York 10573 (the “Advisor”) and Quantitative Value Technologies LLC d/b/a Cognios Capital, a Kansas limited liability company with its principal office and place of business at ___________ (the “Sub-advisor”).

AGREEMENT AND DECLARATION OF TRUST of M3Sixty Manager of Managers Trust, a Delaware Statutory Trust
Declaration of Trust • August 20th, 2015 • M3Sixty Manager of Managers Trust • Delaware

AGREEMENT AND DECLARATION OF TRUST made this 29th day of May, 2015, 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.

DISTRIBUTION AGREEMENT
Distribution Agreement • April 22nd, 2022 • IDX Funds • Delaware
CUSTODY AGREEMENT
Custody Agreement • February 6th, 2017 • M3Sixty Funds Trust • Ohio

THIS CUSTODY AGREEMENT (this “Agreement”), is made as of January 5th, 2017, by and between M3SIXTY FUNDS TRUST, a statutory trust organized under the laws of the State of Delaware (the "Company"), and FIFTH THIRD BANK, an Ohio banking corporation (the "Custodian").

M3SIXTY FUNDS TRUST DISTRIBUTION AGREEMENT
Distribution Agreement • October 28th, 2020 • M3Sixty Funds Trust • Kansas

THIS DISTRIBUTION AGREEMENT (the “Agreement”) is made as of the 23rd day of April 2020 by and among M3Sixty Funds Trust (the “Trust”), a Delaware Statutory Trust and Matrix 360 Distributors, LLC (the “Distributor”), a Delaware limited liability company.

Amended and Restated Investment Company Services Agreement M3Sixty Funds Trust
Investment Company Services Agreement • May 8th, 2018 • M3Sixty Funds Trust • Delaware

This Amended and Restated Investment Company Services Agreement (the “Agreement”), dated as of May 7, 2018, by and between M3Sixty Funds Trust (the “Trust”), a Delaware statutory business trust, on behalf of its series identified on Schedule B attached hereto, and operating as an open-end, investment management company registered under the Investment Company Act of 1940, as amended (the “Act”), duly organized and existing under the laws of the State of Delaware, and M3Sixty Administration, LLC (“M3Sixty”), a limited liability company duly organized under the laws of the State of Delaware (collectively, the “Parties”).

EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • April 28th, 2023 • IDX Funds

This Expense Limitation Agreement is made by and between IDX Advisors, LLC (the “Adviser”) and IDX Funds Trust (the “Trust”) (this “Agreement”), on behalf of the series of the Trust set forth in the set of schedules to this Agreement identified as “Schedule A” and then numerically designated (e.g., Schedule A-1) attached hereto (each a “Fund,” and collectively, the “Funds”) as of the “Effective Date” noted on Schedule A with respect to each Fund.

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • August 20th, 2015 • M3Sixty Manager of Managers Trust • Delaware

This Agreement is made and entered into effective as of _______, 2015, by and between the M3Sixty Manager of Managers Trust, a Delaware Statutory Business Trust (the “Trust”) on behalf of the series listed on Exhibit A hereto, a series of shares of the Trust (the “Fund”), and M3Sixty Advisors, LLC, a Delaware limited liability company (the “Adviser”).

EXPENSE LIMITATION AGREEMENT M3SIXTY FUNDS TRUST
Expense Limitation Agreement • September 28th, 2016 • M3Sixty Funds Trust

This Agreement is effective as of September 19, 2016, by and between the series of shares of M3Sixty Funds Trust, a Delaware statutory trust (the “Trust”) identified on Exhibit A hereto (each, a “Fund”) and Cognios Capital, LLC, a Kansas limited liability company (the “Adviser”).

DISTRIBUTION AGREEMENT
Distribution Agreement • November 23rd, 2016 • M3Sixty Funds Trust • New York

THIS DISTRIBUTION AGREEMENT (the “Agreement”) is made as of ________, 2017 by and among M3Sixty Funds Trust (the “Fund”), a Delaware Statutory Trust, Della Parola Capital Management, LLC, a Colorado limited liability company (the “Adviser”), and Matrix 360 Distributors, LLC (the “Distributor”), a New York corporation.

AMENDED AND RESTATED MASTER FUND SERVICES AGREEMENT
Master Fund Services Agreement • April 29th, 2024 • IDX Funds • Delaware

This Agreement (the “Master Services Agreement” or “Agreement”), dated April 18, 2022 is between IDX Funds (the “Trust”), a Delaware statutory trust, and Gryphon Fund Group, LLC (“Service Provider”), an Ohio limited liability company.

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • February 6th, 2017 • M3Sixty Funds Trust • Delaware

INVESTMENT ADVISORY AGREEMENT (“AGREEMENT”), dated as of January 11, 2017, between M3Sixty Funds Trust, a Delaware statutory trust (“Trust”), and Della Parola Capital Management, LLC, a limited liability company organized in the State of Colorado (“Adviser”).

DISTRIBUTION AGREEMENT
Distribution Agreement • May 3rd, 2018 • M3Sixty Funds Trust • Colorado

THIS AGREEMENT (the “Agreement”) is made as of April 16, 2018, between M3Sixty Funds Trust, a Delaware statutory trust (the “Trust”), and ALPS Distributors, Inc., a Colorado corporation (“ALPS”).

EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • June 2nd, 2020 • M3Sixty Funds Trust

This Expense Limitation Agreement is made by and between Quantitative Value Technologies, LLC, a Kansas limited liability company (the “Adviser”) and M3Sixty Funds Trust (the “Trust”) (this “Agreement”), on behalf of the series of the Trust set forth in the set of schedules to this Agreement identified as “Schedule A” and then numerically designated (e.g., Schedule A-1) attached hereto (each a “Fund,” and collectively, the “Funds”) as of the “Effective Date” noted on Schedule A with respect to each Fund.

DISTRIBUTION AGREEMENT
Distribution Agreement • August 20th, 2015 • M3Sixty Manager of Managers Trust • New York

THIS DISTRIBUTION AGREEMENT (the “Agreement”) is made as of ______, 2015 by and among M3Sixty Manager of Managers Trust (the “Fund”), a Delaware Statutory Trust, M3Sixty Advisors, LLC, a Delaware limited liability company (the “Adviser”), and 360 Distributors, Inc. (the “Distributor”), a New York corporation.

Form of INVESTMENT MANAGERS SERIES TRUST II THIRD AMENDED AND RESTATED OPERATING EXPENSES LIMITATION AGREEMENT
Operating Expenses Limitation Agreement • November 27th, 2020 • Investment Managers Series Trust II • Delaware

THIS THIRD AMENDED AND RESTATED OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”), dated as of ____________, 2021, 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 the investment advisor of the Funds, AXS Investments LLC (the “Advisor”).

M3SIXTY FUNDS TRUST EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • May 8th, 2018 • M3Sixty Funds Trust

THIS EXPENSE LIMITATION AGREEMENT, is made by and between Cognios Capital, LLC (the “Adviser”) and M3Sixty Funds Trust (the “Trust”) (the “Agreement”), on behalf of the series of the Trust set forth in the set of schedules to this Agreement identified as “Schedule A” and then numerically designated (e.g., Schedule A-1) attached hereto (the “Fund”) as of the “Effective Date” noted on Schedule A with respect to the Fund.

EXPENSE LIMITATION AGREEMENT M3SIXTY FUNDS TRUST
Expense Limitation Agreement • November 23rd, 2016 • M3Sixty Funds Trust

This Agreement is effective as of ______, 2017, by and between the series of shares of M3Sixty Funds Trust, a Delaware statutory trust (the “Trust”) identified on Exhibit A hereto (the “Fund”) and Della Parola Capital Management, LLC, a Colorado limited liability company (the “Adviser”).

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FORM OF SCHEDULE A-2 to the EXPENSE LIMITATION AGREEMENT (the “Agreement”) between M3SIXTY FUNDS TRUST (the “Trust”) and COGNIOS CAPITAL, LLC
Expense Limitation Agreement • October 28th, 2019 • M3Sixty Funds Trust

IN WITNESS, WHEREOF, the parties hereto have caused this instrument to be executed on their behalf by their duly authorized officers as each Effective Date noted on this Schedule A-2 to the Agreement.

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • April 19th, 2018 • M3Sixty Funds Trust • Colorado

This Investment Advisory Agreement (the “Agreement”) is made and entered into as of this 31st day of January, 2018, by and between Cognios Capital, LLC, a Kansas limited liability company (the “Adviser”), and M3Sixty Funds Trust, a Delaware statutory trust (the “Trust”), regarding the Fund listed in Appendix A (the “Fund”).

SCHEDULE A-1 to the EXPENSE LIMITATION AGREEMENT (this “Agreement”) between and
Expense Limitation Agreement • June 25th, 2024 • IDX Funds

IN WITNESS, WHEREOF, the parties hereto have caused this instrument to be executed on their behalf by their duly authorized officers as of the dates noted on the Schedule A-1 as attached hereto.

SECOND AMENDMENT TO THE CUSTODY AGREEMENT
Custody Agreement • April 28th, 2023 • IDX Funds

THIS AMENDMENT effective as of the last date of the signature block, to the Custody Agreement, dated as of January 5, 2021 (the “Agreement”), is entered into by and between IDX FUNDS (f/k/a M3SIXTY 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 with its principal place of business at Minneapolis, Minnesota (the “Custodian”).

FIRST AMENDMENT TO THE CUSTODY AGREEMENT
Custody Agreement • November 10th, 2021 • IDX Funds

THIS FIRST AMENDMENT effective as of October 19, 2021, to the Custody Agreement, dated as of January 5, 2021 (the "Agreement"), is entered into by and between M3SIXTY 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 with its principal place of business at Minneapolis, Minnesota (the “Custodian”).

EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • October 28th, 2020 • M3Sixty Funds Trust

This Expense Limitation Agreement is made by and between Quantitative Value Technologies, LLC, a Kansas limited liability company (the “Adviser”) and M3Sixty Funds Trust (the “Trust”) (this “Agreement”), on behalf of the series of the Trust set forth in the set of schedules to this Agreement identified as “Schedule A” and then numerically designated (e.g., Schedule A-1) attached hereto (each a “Fund,” and collectively, the “Funds”) as of the “Effective Date” noted on Schedule A with respect to each Fund.

Amendment No. 1 to the Distribution Agreement
Distribution Agreement • April 19th, 2018 • M3Sixty Funds Trust

This Amendment No. 1 (this “Amendment”) to the Distribution Agreement is entered into by and between M3Sixty Funds Trust, a Delaware statutory trust (the “Trust”), and ALPS Distributors, Inc., a Colorado corporation (“ALPS”), and is effective as of January 31, 2018.

Investment Company Services Agreement M3SIXTY MANAGER OF MANAGERS TRUST
Investment Company Services Agreement • August 20th, 2015 • M3Sixty Manager of Managers Trust • Delaware

This Agreement, dated as of ______, 2015, by and between M3Sixty Managers of Managers Trust (the “Fund”), on behalf of the series identified on Schedule C attached hereto, a Delaware statutory business trust operating as an open-end, investment management company registered under the Investment Company Act of 1940, as amended (the “Act”), duly organized and existing under the laws of the State of Delaware, and M3Sixty Administration, LLC (the “Administrator”), a limited liability company duly organized under the laws of the State of Delaware (collectively, the “Parties”).

AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • May 8th, 2018 • M3Sixty Funds Trust

This Amendment dated as of May 7, 2018 (this “Amendment”) is to the Investment Advisory Agreement dated January 31, 2018 (the “Agreement”) by and between Cognios Capital, LLC, a Kansas limited liability company (the “Adviser”), and M3Sixty Funds Trust (the “Trust”), a Delaware statutory trust, regarding the Fund listed in Appendix A (the “Fund”) of the Agreement.

AMENDMENT NO. 1 TO AGREEMENT AND DECLARATION OF TRUST OF M3SIXTY MANAGER OF MANAGERS TRUST
Agreement and Declaration of Trust • August 19th, 2016 • M3Sixty Funds Trust

This Amendment No. 1 (the “Amendment”) to the Agreement and Declaration of Trust of M3Sixty Manager of Managers Trust (the “Trust”) amends, effective August 17, 2016, the Agreement and Declaration of Trust of the Trust dated as of May 29, 2015, as amended (the “Agreement”).

SCHEDULE A-1 Investment Advisory Agreement between
Investment Advisory Agreement • October 19th, 2022 • IDX Funds

The Trust will pay to the Adviser as compensation for the Adviser’s services rendered, a fee, computed daily at an annual rate based on the average daily net assets of the respective Fund in accordance the following fee schedule:

FORM OF INITIAL SUBSCRIPTION AGREEMENT
Initial Subscription Agreement • August 20th, 2015 • M3Sixty Manager of Managers Trust
SCHEDULE A-2 to the EXPENSE LIMITATION AGREEMENT (the “Agreement”) between M3SIXTY FUNDS TRUST (the “Trust”) and COGNIOS CAPITAL, LLC
Expense Limitation Agreement • October 29th, 2018 • M3Sixty Funds Trust

IN WITNESS, WHEREOF, the parties hereto have caused this instrument to be executed on their behalf by their duly authorized officers as each Effective Date noted on this Schedule A-2 to the Agreement.

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