American Century Etf Trust Sample Contracts

Second Amended and Restated Agreement and Declaration of Trust of
Agreement and Declaration of Trust • September 6th, 2018 • American Century Etf Trust • Delaware

THIS SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (this “Second Restatement” or this “Declaration of Trust”) is made as of April 19, 2018 for the purpose of continuing the Trust as a Delaware statutory trust in accordance with the provisions hereinafter set forth.

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ETF DISTRIBUTION AGREEMENT
Distribution Agreement • January 8th, 2018 • American Century Etf Trust • Delaware

This Distribution Agreement (the “Agreement”) is made as of December 13, 2017, by and between American Century ETF Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at 4500 Main Street, Kansas City, Missouri 64111, on behalf of each of its series separately and not jointly (each such series a “Fund” and, collectively, the “Funds”), 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 AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • January 8th, 2018 • American Century Etf Trust • Massachusetts

THIS AGREEMENT is made as of January 9, 2018, by and between State Street Bank and Trust Company, a Massachusetts trust company (“State Street” or the “Transfer Agent”), and each American Century investment company set forth on Schedule A attached hereto (each, together with all other investment companies subsequently made subject to this Agreement in accordance with Section 12 hereof, a “Trust”), as may be amended by the parties from time to time.

Form of AUTHORIZED PARTICIPANT AGREEMENT AMERICAN CENTURY ETF TRUST
Authorized Participant Agreement • January 8th, 2018 • American Century Etf Trust • New York

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 State Street Bank and Trust Company (the “Transfer Agent”), and is further subject to acknowledgement and agreement by American Century ETF Trust (the “Trust”), a series trust offering a number of portfolios of securities (each a “Fund” and collectively the “Funds”), solely with respect to Sections 4(c) and 13(c) herein.

AMENDMENT TO MASTER CUSTODIAN AGREEMENT
Master Custodian Agreement • November 6th, 2023 • American Century Etf Trust

This Amendment, effective as of November 7, 2023, (the “Amendment”), is entered into by and among each management investment company identified on Appendix A hereto, severally and not jointly (each such investment, shall hereinafter be referred to as the "Fund''), and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (the "Custodian").

MANAGEMENT AGREEMENT
Management Agreement • June 18th, 2024 • American Century Etf Trust • Delaware

THIS MANAGEMENT AGREEMENT (“Agreement”) is effective as of the 20th day of June, 2024 (the “Effective Date”), by and between AMERICAN CENTURY ETF TRUST, a Delaware statutory trust (the “Company”), and AMERICAN CENTURY INVESTMENT MANAGEMENT, INC., a Delaware corporation (the “Investment Manager”).

ACTIVESHARES® ETFs AP REPRESENTATIVE CONFIDENTIALITY & UNDERTAKINGS AGREEMENT
Confidentiality Agreement • February 10th, 2020 • American Century Etf Trust • New York

This AP Representative Confidentiality Agreement (this “Agreement”) is entered into by and among _______________ (“AP Representative”) and the _______________ (the “Trust”), an open-end management investment company registered with the Securities and Exchange Commission (the “SEC”) under the Investment Company Act of 1940, as amended (the “1940 Act”), on behalf of each of its separate series (each, a “Fund” and collectively, the “Funds”). Capitalized terms used herein and not otherwise defined have the meaning assigned to them in Section 6 of this Agreement.

EIGHTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT EFFECTIVE AS OF SEPTEMBER 30, 2021
Etf Distribution Agreement • June 18th, 2024 • American Century Etf Trust

This seventh amendment (this “Amendment”) to the ETF Distribution Agreement effective as of September 30, 2021 (the “New Agreement”), by and between American Century ETF Trust (the “Fund Company”) and Foreside Fund Services, LLC (the “Distributor”) is entered into as of June 20, 2024 (the “Effective Date”).

AMENDMENT TO MASTER CUSTODIAN AGREEMENT
Master Custodian Agreement • March 7th, 2022 • American Century Etf Trust

This Amendment, effective as of March 8, 2022, (the “Amendment”), is entered into by and among each management investment company identified on Appendix A hereto, severally and not jointly (each such investment, shall hereinafter be referred to as the "Fund''), and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (the "Custodian").

AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • June 18th, 2024 • American Century Etf Trust

This Amendment, effective as of June 20, 2024 (the “Amendment”), is entered into by and between State Street Bank and Trust Company, a Massachusetts trust company (“State Street” or the “Transfer Agent”), and each American Century investment company set forth on Schedule A attached hereto, severally and not jointly (each such investment company, shall hereinafter be referred to as the "Trust'').

AMENDED AND RESTATED DISTRIBUTION AGREEMENT
Distribution Agreement • June 18th, 2024 • American Century Etf Trust • Missouri

THIS DISTRIBUTION AGREEMENT is amended and restated as of the 20th day of June, 2024, by and between AMERICAN CENTURY ETF TRUST, a Delaware statutory trust (the “Issuer”), and AMERICAN CENTURY INVESTMENT SERVICES, INC., a Delaware corporation (“Distributor”).

to Second Amended and Restated Agreement and Declaration of Trust of American Century ETF Trust, as of June 20, 2024
Second Amended and Restated Agreement and Declaration of Trust • June 18th, 2024 • American Century Etf Trust

ETFS Series Date Established American Century Diversified Corporate Bond ETF June 27, 2017 American Century U.S. Quality Value ETF June 27, 2017 American Century U.S. Quality Growth ETF April 19, 2018 American Century Quality Diversified International ETF April 19, 2018 American Century Diversified Municipal Bond ETF April 19, 2018 American Century Focused Dynamic Growth ETF June 15, 2018 American Century Focused Large Cap Value ETF June 15, 2018 American Century Mid Cap Growth Impact ETF August 23, 2019 American Century Sustainable Equity ETF November 27, 2018 American Century Low Volatility ETF August 31, 2020 American Century Quality Convertible Securities ETF August 31, 2020 American Century Quality Preferred ETF August 31, 2020 American Century Emerging Markets Bond ETF March 11, 2021 American Century Multisector Income ETF March 11, 2021 American Century Select High Yield ETF March 11, 2021 American Century Sustainable Growth ETF March 11, 2021 American Century Quality Small Cap

to Second Amended and Restated Agreement and Declaration of Trust of American Century ETF Trust, as of December 8, 2021
Second Amended and Restated Agreement and Declaration of Trust • December 29th, 2021 • American Century Etf Trust

Series Date Established ETFs American Century Diversified Corporate Bond ETF June 27, 2017 American Century STOXX U.S. Quality Value ETF June 27, 2017 American Century STOXX U.S. Quality Growth ETF April 19, 2018 American Century Quality Diversified International ETF April 19, 2018 American Century Diversified Municipal Bond ETF April 19, 2018 American Century Focused Dynamic Growth ETF June 15, 2018 American Century Focused Large Cap Value ETF June 15, 2018 American Century Mid Cap Growth Impact ETF November 21, 2019 American Century Sustainable Equity ETF November 27, 2018 American Century Low Volatility ETF November 30, 2020 American Century Quality Convertible Securities ETF November 30, 2020 American Century Quality Preferred ETF November 30, 2020 American Century Emerging Markets Bond ETF March 11, 2021 American Century Multisector Income ETF March 11, 2021 American Century Select High Yield ETF March 11, 2021 American Century Sustainable Growth ETF March 11, 2021 Avantis U.S. Eq

FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • March 22nd, 2024 • American Century Etf Trust

THIS AGREEMENT, dated as of January 2, 2024, is entered into by each Acquiring Fund listed on Schedule A hereto, severally and not jointly (each, an “Acquiring Fund”), and each Acquired Fund listed on Schedule A hereto, severally and not jointly (each, an “Acquired Fund”, and together with each Acquiring Fund, the “Funds”).

AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • December 29th, 2021 • American Century Etf Trust

This Amendment, effective as of January 1, 2022 (the “Amendment”), is entered into by and between State Street Bank and Trust Company, a Massachusetts trust company („State Street” or the “Transfer Agent”), and each American Century investment company set forth on Schedule A attached hereto, severally and not jointly (each such investment company, shall hereinafter be referred to as the "Trust'').

American Century ETF Trust AMENDMENT NO. 7 TO MANAGEMENT AGREEMENT
Management Agreement • September 20th, 2022 • American Century Etf Trust

THIS AMENDMENT NO. 7 TO MANAGEMENT AGREEMENT (“Amendment”) is effective as of the 27th day of September, 2022 (the “Effective Date”), by and between AMERICAN CENTURY ETF TRUST, a Delaware statutory trust (the “Company”), and AMERICAN CENTURY INVESTMENT MANAGEMENT, INC., a Delaware corporation (the “Investment Manager”).

to Second Amended and Restated Agreement and Declaration of Trust of American Century ETF Trust, as of March 14, 2023
Second Amended and Restated Agreement and Declaration of Trust • March 13th, 2023 • American Century Etf Trust

ETFS Series Date Established American Century Diversified Corporate Bond ETF June 27, 2017 American Century STOXX U.S. Quality Value ETF June 27, 2017 American Century STOXX U.S. Quality Growth ETF April 19, 2018 American Century Quality Diversified International ETF April 19, 2018 American Century Diversified Municipal Bond ETF April 19, 2018 American Century Focused Dynamic Growth ETF June 15, 2018 American Century Focused Large Cap Value ETF June 15, 2018 American Century Mid Cap Growth Impact ETF August 23, 2019 American Century Sustainable Equity ETF November 27, 2018 American Century Low Volatility ETF August 31, 2020 American Century Quality Convertible Securities ETF August 31, 2020 American Century Quality Preferred ETF August 31, 2020 American Century Emerging Markets Bond ETF March 11, 2021 American Century Multisector Income ETF March 11, 2021 American Century Select High Yield ETF March 11, 2021 American Century Sustainable Growth ETF March 11, 2021 American Century Qualit

American Century ETF Trust AMENDMENT NO. 5 TO MANAGEMENT AGREEMENT
Management Agreement • March 7th, 2022 • American Century Etf Trust

THIS AMENDMENT NO. 5 TO MANAGEMENT AGREEMENT (“Amendment”) is effective as of the 8th day of March, 2022 (the “Effective Date”), by and between AMERICAN CENTURY ETF TRUST, a Delaware statutory trust (the “Company”), and AMERICAN CENTURY INVESTMENT MANAGEMENT, INC., a Delaware corporation (the “Investment Manager”).

FIRST AMENDMENT TO ETF DISTRIBUTION AGREEMENT EFFECTIVE AS OF SEPTEMBER 20, 2021
Etf Distribution Agreement • December 29th, 2021 • American Century Etf Trust • Delaware

This first amendment (this “Amendment”) to the ETF Distribution Agreement effective as of September 20, 2021 (the “New Agreement”), by and between American Century ETF Trust (the “Fund Company”) and Foreside Fund Services, LLC (the “Distributor”) is entered into as of January 1, 2022 (the “Effective Date”).

January 23, 2020 State Street Bank and Trust Company Josiah Quincy Building
Master Custodian Agreement • February 10th, 2020 • American Century Etf Trust
AMENDMENT NO. 2 TO MANAGEMENT AGREEMENT
Management Agreement • September 6th, 2018 • American Century Etf Trust • Delaware

THIS AMENDMENT NO. 2 TO MANAGEMENT AGREEMENT (“Amendment”) is effective as of the 7th day of September, 2018 (the “Effective Date”), by and between AMERICAN CENTURY ETF TRUST, a Delaware statutory trust (the “Company”), and AMERICAN CENTURY INVESTMENT MANAGEMENT, INC., a Delaware corporation (the “Investment Manager”).

American Century ETF Trust AMENDMENT NO. 7 TO MANAGEMENT AGREEMENT
Management Agreement • June 21st, 2021 • American Century Etf Trust • Delaware

THIS AMENDMENT NO. 7 TO MANAGEMENT AGREEMENT (“Amendment”) is effective as of the 21st day of April, 2021 (the “Effective Date”), by and between AMERICAN CENTURY ETF TRUST, a Delaware statutory trust (the “Company”), and AMERICAN CENTURY INVESTMENT MANAGEMENT, INC., a Delaware corporation (the “Investment Manager”).

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July 21, 2020 State Street Bank and Trust Company One Heritage Drive North Quincy, Massachusetts 02171 Location Code: OHD0310 Attention: Russell M. Donohoe Re: Transfer Agency and Service Agreement – New Portfolios Ladies and Gentlemen:
Transfer Agency and Service Agreement • December 29th, 2020 • American Century Etf Trust

In accordance with Section 12, the Additional Trusts and Portfolios provision, of the Transfer Agency and Service Agreement dated as of January 9, 2018 (the “Transfer Agency Agreement”) by and among each Trust party thereto and State Street Bank and Trust Company, the undersigned Trust hereby requests that your bank act as Transfer Agent for the respective New Portfolios under the terms of the Transfer Agency Agreement. In connection with such request, the undersigned Trust hereby confirms to you, as of the date hereof, its representations and warranties set forth in Section 4 of the Transfer Agency Agreement. Capitalized terms used herein without definition shall have the meanings ascribed to them in the Transfer Agency Agreement.

SUBADVISORY AGREEMENT
Subadvisory Agreement • November 12th, 2021 • American Century Etf Trust • Missouri

THIS INVESTMENT SUBADVISORY AGREEMENT ("Agreement") is made as of the 15th day of November, 2021 (“Effective Date”), by and among American Century Investment Management, Inc. ("Advisor"), a Delaware corporation, and Nomura Corporate Research and Asset Management Inc. ("Subadvisor"), a Delaware corporation.

FIRST AMENDMENT TO DISTRIBUTION AGREEMENT
Distribution Agreement • September 9th, 2020 • American Century Etf Trust • Delaware

This first amendment (“Amendment”) to the Distribution Agreement (the “Agreement”) dated as of September 6, 2019 by and between AMERICAN CENTURY ETF TRUST, a Delaware Statutory trust (the “Issuer”), and AMERICAN CENTURY INVESTMENT SERVICES, INC., a Delaware corporation (“Distributor”) is entered into as of September 10, 2020 (the “Effective Date”).

FIFTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Etf Distribution Agreement • August 29th, 2019 • American Century Etf Trust • Delaware

This fifth amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of December 13, 2017 by and between American Century ETF Trust (“Trust”) and Foreside Fund Services, LLC (“Foreside”) is entered into as of September 6, 2019 (the “Effective Date”).

American Century ETF Trust AMENDMENT NO. 11 TO MANAGEMENT AGREEMENT
Management Agreement • March 13th, 2023 • American Century Etf Trust

THIS AMENDMENT NO. 11 TO MANAGEMENT AGREEMENT (“Amendment”) is effective as of the 14th day of March, 2023 (the “Effective Date”), by and between AMERICAN CENTURY ETF TRUST, a Delaware statutory trust (the “Company”), and AMERICAN CENTURY INVESTMENT MANAGEMENT, INC., a Delaware corporation (the “Investment Manager”).

Re: Master Custodian Agreement - New Portfolios
Master Custodian Agreement • September 9th, 2020 • American Century Etf Trust

In accordance with Section 18.6, the Additional Portfolios provision, of the Master Custodian Agreement dated as of July 29, 2011, (the “Custodian Agreement”) by and among each Fund party thereto and State Street Bank and Trust Company, the undersigned Fund hereby requests that your bank act as Custodian for the New ETF Portfolios under the terms of the Custodian Agreement. In connection with such request, the undersigned Fund hereby confirms to you, as of the date hereof, its representations and warranties set forth in Section 18.7 of the Custodian Agreement. Capitalized terms used herein without definition shall have the meanings ascribed to them in the Custodian Agreement.

SIXTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Etf Distribution Agreement • February 10th, 2020 • American Century Etf Trust • Delaware

This sixth amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of December 13, 2017 by and between American Century ETF Trust (“Trust”) and Foreside Fund Services, LLC (“Foreside”) is entered into as of January 21, 2020 (the “Effective Date”).

TRANSFER AGENCY AGREEMENT
Transfer Agency Agreement • August 29th, 2019 • American Century Etf Trust

THIS AGREEMENT, made as of September 6, 2019, by and between AMERICAN CENTURY ETF TRUST, a Delaware statutory trust (“ACETFT”), and AMERICAN CENTURY SERVICES, LLC, a Missouri limited liability company (“Services”).

FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • June 21st, 2023 • American Century Etf Trust

THIS AGREEMENT, dated as of February 2, 2023, is entered into by each Acquiring Fund listed on Schedule A hereto, severally and not jointly (each, an "Acquiring Fund"), and each Acquired Fund listed on Schedule A hereto, severally and not jointly (each, an "Acquired Fund", and together with each Acquiring Fund, the "Funds").

FOURTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT EFFECTIVE AS OF SEPTEMBER 30, 2021
Etf Distribution Agreement • March 13th, 2023 • American Century Etf Trust

This fourth amendment (this “Amendment”) to the ETF Distribution Agreement effective as of September 30, 2021 (the “New Agreement”), by and between American Century ETF Trust (the “Fund Company”) and Foreside Fund Services, LLC (the “Distributor”) is entered into as of March 14, 2023 (the “Effective Date”).

RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • June 17th, 2022 • American Century Etf Trust • Delaware

THIS AGREEMENT, dated as of December 17, 2021, among the Acquiring Fund(s), severally and not jointly (each, an “Acquiring Fund”) and the Acquired Fund(s), severally and not jointly (each, an “Acquired Fund” and together with the Acquiring Fund[s], the “Funds”), listed on Schedule A.

August 13, 2019 State Street Bank and Trust Company Josiah Quincy Building
Transfer Agency and Service Agreement • August 29th, 2019 • American Century Etf Trust
77Q1(a) Amended and Restated Agreement and Declaration of Trust of American Century ETF Trust,dated November 10, 2017 (filed electronically as Exhibit a2 to Pre-Effective Amendment No. 1 to the Registration Statement of the Registrant filed on...
Agreement and Declaration of Trust • April 25th, 2018 • American Century Etf Trust

Amended and Restated Agreement and Declaration of Trust of American Century ETF Trust,dated November 10, 2017 (filed electronically as Exhibit a2 to Pre-Effective Amendment No. 1 to the Registration Statement of the Registrant filed on December 20, 2017, File No. 333-221045, and incorporated herein by reference).

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