ADVISORY AGREEMENTAdvisory Agreement • February 19th, 2016 • Virtus ETF Trust II • Delaware
ADVISORY AGREEMENT made as of this 4th day of January, 2016, by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Adviser”).
VIRTUS ETF TRUST II SUB-ADVISORY AGREEMENTSub-Advisory Agreement • November 28th, 2023 • Virtus ETF Trust II • Delaware
Virtus ETF Trust II (the “Trust”) is an open-end investment company of the series type registered under the Investment Company Act of 1940 (the “Act”), and is subject to the rules and regulations promulgated thereunder. The shares of the Trust are offered or may be offered in several series of shares, including the Virtus Newfleet Short Duration Core Plus Bond ETF (sometimes hereafter referred to as the “Fund”).
CUSTODY AGREEMENTCustody Agreement • February 19th, 2016 • Virtus ETF Trust II • New York
AGREEMENT, dated as of December 17, 2015 between VIRTUS ETF TRUST II, a Delaware statutory trust, having its principal office and place of business at 1540 Broadway, 16th Floor, Suite 920, New York, New York 10036 (the “Trust”) 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 (“Custodian”).
DISTRIBUTION AGREEMENTDistribution Agreement • September 2nd, 2020 • Virtus ETF Trust II • New York
This Distribution Agreement (“Agreement”) effective as of the 1st day of December, 2019, by and between Virtus ETF Trust II, a Delaware statutory trust (“Trust”) having its principal place of business at 1540 Broadway, Suite 1610, New York, NY 10036, and VP Distributors, LLC, a Delaware limited liability company (“Distributor”) having its principal place of business at One Financial Plaza, 26th Floor, Hartford, CT 06103.
Agreement and Declaration of TrustAgreement and Declaration of Trust • June 3rd, 2016 • Virtus ETF Trust II • Delaware
WHEREAS, Virtus ETF Trust II was established on July 14, 2015 with the filing of a Certificate of Trust with the Delaware Secretary of State for the purposes of carrying on the business of a management investment company;
EXPENSE LIMITATION AGREEMENT Virtus ETF Trust IIExpense Limitation Agreement • February 19th, 2016 • Virtus ETF Trust II
This Agreement is into effective as of January 4, 2016, by and between the VIRTUS NEWFLEET DYNAMIC CREDIT ETF (the “Fund”), a series of shares of Virtus ETF Trust II, a Delaware statutory trust (the “Trust”) and VIRTUS ETF ADVISERS LLC, a Delaware limited liability company (the “Adviser”).
ADMINISTRATIVE SERVICES AGREEMENTAdministrative Services Agreement • February 19th, 2016 • Virtus ETF Trust II • New York
This ADMINISTRATIVE SERVICES AGREEMENT is made and entered into as of this 10th day of November, 2015 by and between VIRTUS ETF TRUST II, a Delaware statutory trust (“Trust”) and VIRTUS ETF SOLUTIONS LLC, a Delaware limited liability company (“Administrator”).
FOREIGN CUSTODY MANAGER AGREEMENTManager Agreement • November 25th, 2020 • Virtus ETF Trust II • New York
AGREEMENT made as of December 3, 2015 by and between each entity listed on Annex I attached hereto (the “Fund”) and The Bank of New York Mellon (“BNY”).
EXPENSE LIMITATION AGREEMENT Virtus ETF Trust IIExpense Limitation Agreement • February 29th, 2016 • Virtus ETF Trust II
This Agreement is into effective as of ________ ___, 2016, by and between the VIRTUS DWA SECTOR TREND ETF (the “Fund”), a series of shares of Virtus ETF Trust II, a Delaware statutory trust (the “Trust”) and VIRTUS ETF ADVISERS LLC, a Delaware limited liability company (the “Adviser”).
AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT Virtus ETF Trust IIExpense Limitation Agreement • October 25th, 2023 • Virtus ETF Trust II
This Agreement is effective as of November 16, 2021, by and between Virtus ETF Trust II, a Delaware statutory trust (the “Trust”), on behalf of Virtus Newfleet High Yield Bond ETF f/k/a Virtus Newfleet Dynamic Credit ETF (the “Fund”), and VIRTUS ETF ADVISERS LLC, a Delaware limited liability company (the “Adviser”).
TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • February 19th, 2016 • Virtus ETF Trust II • New York
AGREEMENT made as of the 17th day of December 2015, by and between VIRTUS ETF TRUST II (the “Trust”) and each series of the Trust listed on Appendix I hereto (as such Appendix be amended from time to time), and THE BANK OF NEW YORK MELLON, a New York banking company having its principal office and place of business at One Wall Street, New York, New York 10286 (the “Bank”).
CUSTODY AGREEMENT By and Between THE BANK OF NEW YORK MELLON And VATS OFFSHORE FUND, LTD., AND OTHER VIRTUS ENTITIES LISTED ON SCHEDULE I HERETOCustody Agreement • October 7th, 2024 • Virtus ETF Trust II • New York
This Custody Agreement is made and entered into as of the latest date set forth on the signature page hereto (the “Effective Date”) by and among THE BANK OF NEW YORK MELLON, a New York state chartered bank (“BNY Mellon”), and severally and not jointly each Cayman exempted company identified on Schedule I (as such exhibit may be amended from time to time), (each individually, a “Customer”). BNY Mellon and Customer are collectively referred to as the “Parties” and individually as a “Party”.
VIRTUS ETF TRUST II AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • February 19th, 2016 • Virtus ETF Trust II • Delaware
This Authorized Participant Agreement (the “Agreement”) is entered into by and between ETF Distributors LLC (the “Distributor”) and [●] (the “Participant”) and is subject to acceptance by Bank of New York Mellon (the “Transfer Agent”) as transfer agent for Virtus ETF Trust II (the “Trust”).
VATS OFFSHORE FUND, LTD. SUB-ADVISORY AGREEMENTSub-Advisory Agreement • October 7th, 2024 • Virtus ETF Trust II • Delaware
VATS Offshore Fund, Ltd. (the “Company”) is a Cayman Islands exempted company and a wholly-owned subsidiary of Virtus AlphaSimplex Managed Futures ETF (the “Fund”), a series of Virtus ETF Trust II (the “Trust”), an open-end investment company of the series type registered under the Investment Company Act of 1940 (the “Act”).
VIRTUS ETF TRUST II AMENDMENT TO Exhibits a and c to ADMINISTRATIVE SERVICES AGREEMENTAdministrative Services Agreement • October 16th, 2020 • Virtus ETF Trust II
THIS AMENDMENT (the “Amendment”) dated as of the 22nd day of April, 2019, to Exhibits A and C to the Administrative Services Agreement, dated as of November 10, 2015 (the “Administrative Services Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and VIRTUS ETF SOLUTIONS LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Administrator”) .
EXHIBIT AAdministration and Accounting Agreement • July 16th, 2021 • Virtus ETF Trust II
TO THE FUND ADMINISTRATION AND ACCOUNTING AGREEMENT, dated as of December 17, 2015 between VIRTUS ETF TRUST II (the “Trust”) and The Bank of New York Mellon (“Custodian”). AS REVISED FEBRUARY 10, 2021.
VIRTUS ETF TRUST II AMENDMENT TO SCHEDULE A TO THE ADVISORY AGREEMENTAdvisory Agreement • March 13th, 2019 • Virtus ETF Trust II
THIS AMENDMENT (the “Amendment”) dated as of the ____ day of ________________, 2018, to Schedule A to the Advisory Agreement, dated as of January 4, 2016 (the “Advisory Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Adviser”).
AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • November 23rd, 2022 • Virtus ETF Trust II • New York
This Amendment (“Amendment”) dated July 12, 2021 (“Effective Date”) is by and between Virtus ETF Trust II (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
VIRTUS ETF TRUST II AMENDMENT TO FEE WAIVER AGREEMENTFee Waiver Agreement • November 23rd, 2022 • Virtus ETF Trust II
This Amendment (the “Amendment”) dated as of the 12th day of November, 2021, to the Fee Waiver Agreement, effective as of August 2, 2021 (the “Fee Waiver Agreement”), is made by Virtus ETF Advisers LLC (the “Adviser”), investment adviser to the Virtus Duff & Phelps Clean Energy ETF (the “Fund”), a series of Virtus ETF Trust II.
FORM OF VIRTUS ETF TRUST II AMENDMENT TO EXHIBIT A TO DISTRIBUTION AGREEMENTDistribution Agreement • October 25th, 2023 • Virtus ETF Trust II
THIS AMENDMENT (the “Amendment”) dated as of the [__] day of [________], 2023, to Exhibit A to the Distribution Agreement, dated December 1, 2019 (the “Distribution Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and VP Distributors, LLC, a Delaware limited liability company with its principal place of business at One Financial Plaza, 26th Floor, Hartford, CT 06103 (the “Distributor”) ..
VIRTUS ETF TRUST II AMENDMENT TO FEE WAIVER AGREEMENTFee Waiver Agreement • November 30th, 2022 • Virtus ETF Trust II
This Amendment (the “Amendment”) dated as of the 14th day of November, 2022, to the Fee Waiver Agreement, effective as of August 2, 2021 (the “Fee Waiver Agreement”), is made by Virtus ETF Advisers LLC (the "Adviser"), investment adviser to the Virtus Duff & Phelps Clean Energy ETF (the "Fund"), a series of Virtus ETF Trust II.
VIRTUS ETF TRUST II FIrst AMENDMENT TO THE ADVISORY AGREEMENTAdvisory Agreement • June 3rd, 2016 • Virtus ETF Trust II
THIS FIRST AMENDMENT dated as of the 3rd of June, 2016, to the Advisory Agreement, dated as of January 4, 2016 (the “Advisory Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Adviser”).
AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • October 25th, 2023 • Virtus ETF Trust II
This Amendment dated October 24, 2023 (“Effective Date”) is by and between VIRTUS ETF TRUST II (the “Trust”) and THE BANK OF NEW YORK MELLON (the “Bank”).
FEE WAIVER AGREEMENT Virtus ETFis Trust IIFee Waiver Agreement • January 8th, 2021 • Virtus ETF Trust II
This Agreement is made by Virtus ETF Advisers LLC (the "Adviser"), investment adviser to the Virtus Newfleet ABS/MBS ETF (the "Fund"), a series of Virtus ETF Trust II (the "Trust"), effective as of [_________], 2021.
VIRTUS ETF TRUST II FIrst AMENDMENT TO THE DISTRIBUTION AGREEMENTDistribution Agreement • June 3rd, 2016 • Virtus ETF Trust II
THIS FIRST AMENDMENT dated as of the 3rd of June, 2016, to the Distribution Agreement, dated as of February 10, 2016 (the “Distribution Agreement”), is entered into by and between VIRTUS ETF TRUST II, a Delaware statutory trust (the “Trust”), and ETF Distributors LLC, a Delaware limited liability company (the “Distributor”).
FORM OF ADVISORY AGREEMENTAdvisory Agreement • February 5th, 2024 • Virtus ETF Trust II • Delaware
ADVISORY AGREEMENT made as of this [ ] day of [ ], 2024, by and between Virtus ETF Offshore Fund, Ltd. (the “Company”), a Cayman Islands exempted company and a wholly-owned subsidiary of Virtus AlphaSimplex Managed Futures ETF (the “Fund”), a series of VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC, a Delaware limited liability company with its principal place of business at 31 West 52nd Street, 16th Floor, New York, NY 10019 (the “Adviser”). The purpose of the Company is to facilitate the implementation of the Fund’s investment strategies.
VIRTUS ETF TRUST II AMENDMENT TO Exhibits a and c to ADMINISTRATIVE SERVICES AGREEMENTAdministrative Services Agreement • November 23rd, 2022 • Virtus ETF Trust II
THIS AMENDMENT (the “Amendment”) dated as of the 2nd day of August, 2021, to Exhibits A and C to the Administrative Services Agreement, dated as of November 10, 2015 (the “Administrative Services Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and VIRTUS ETF SOLUTIONS LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Administrator”) .
VIRTUS ETF TRUST II AMENDMENT TO SCHEDULE A TO THE ADVISORY AGREEMENTAdvisory Agreement • November 28th, 2023 • Virtus ETF Trust II
THIS AMENDMENT (the “Amendment”) effective as of the 28th day of November, 2023, to Schedule A to the Advisory Agreement, dated as of January 4, 2016 (the “Advisory Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and VIRTUS ETF ADVISERS LLC, a Delaware limited liability company with its principal place of business at 31 West 52nd Street, 16th Floor, New York, NY 10019 (the “Adviser”).
AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • November 30th, 2022 • Virtus ETF Trust II • New York
This Amendment (“Amendment”) is made as of the 29th day of September, 2017 by and between Virtus ETF Trust II (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
VIRTUS ETF TRUST II AMENDMENT TO SCHEDULE A TO THE ADVISORY AGREEMENTAdvisory Agreement • November 25th, 2020 • Virtus ETF Trust II
THIS AMENDMENT (the “Amendment”) dated as of the 17th day of November, 2020, to Schedule A to the Advisory Agreement, dated as of January 4, 2016 (the “Advisory Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and VIRTUS ETF ADVISERS LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Adviser”).
VIRTUS ETF TRUST II AMENDMENT TO FEE WAIVER AGREEMENTFee Waiver Agreement • November 28th, 2023 • Virtus ETF Trust II
This Amendment (the “Amendment”) dated as of the 13th day of November, 2023, to the Fee Waiver Agreement, effective as of August 2, 2021 (the “Fee Waiver Agreement”), is made by Virtus ETF Advisers LLC (the “Adviser”), investment adviser to the Virtus Duff & Phelps Clean Energy ETF (the “Fund”), a series of Virtus ETF Trust II.
VIRTUS ETF TRUST II AMENDMENT TO SCHEDULE A TO THE ADVISORY AGREEMENTAdvisory Agreement • October 14th, 2016 • Virtus ETF Trust II
THIS AMENDMENT (the “Amendment”) dated as of the 29th day of August, 2016, to the Advisory Agreement, dated as of January 4, 2016 (the “Advisory Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Adviser”).
VIRTUS ETF TRUST II AMENDMENT TO FEE WAIVER AGREEMENTFee Waiver Agreement • November 30th, 2022 • Virtus ETF Trust II
This Amendment (the “Amendment”) dated as of the 14th day of November, 2022, to the Fee Waiver Agreement, effective as of February 9, 2021 (the “Fee Waiver Agreement”), is made by Virtus ETF Advisers LLC (the "Adviser"), investment adviser to the Virtus Newfleet ABS/MBS ETF (the "Fund"), a series of Virtus ETF Trust II.
VIRTUS ETF TRUST II AMENDMENT TO SCHEDULE A TO THE ADVISORY AGREEMENTAdvisory Agreement • October 7th, 2024 • Virtus ETF Trust II
THIS AMENDMENT (the “Amendment”) effective as of the 7th day of October, 2024, to Schedule A to the Advisory Agreement, dated as of January 4, 2016 (the “Advisory Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and VIRTUS ETF ADVISERS LLC, a Delaware limited liability company with its principal place of business at 31 West 52nd Street, 16th Floor, New York, NY 10019 (the “Adviser”).
VIRTUS ETF TRUST II Virtus Newfleet High Yield Bond ETF AMENDMENT AND ASSUMPTION AGREEMENTAmendment and Assumption Agreement • November 23rd, 2022 • Virtus ETF Trust II • Delaware
THIS AMENDMENT AND ASSUMPTION AGREEMENT (the “Agreement”) is made as of this 1st day of July, 2022 (the “Closing Date”) by and between Virtus Fixed Income Advisers, LLC (“VFIA”) (f/k/a Seix Investment Advisors LLC (“Seix”)) and Virtus ETF Advisers LLC (“VEA”), on behalf of Virtus Newfleet High Yield Bond ETF (“BLHY”), a series of Virtus ETF Trust II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940 (the “1940 Act”).
