Zacks Trust Sample Contracts

INVESTMENT ADVISORY AGREEMENT Between ZACKS TRUST and ZACKS INVESTMENT MANAGEMENT, INC.
Investment Advisory Agreement • August 3rd, 2021 • Zacks Trust • Illinois

This AGREEMENT is made as of June 22, 2021 between ZACKS TRUST, a Delaware statutory trust (the “Trust”), and Zacks Investment Management, Inc. a Delaware corporation (the “Adviser”), located at 227 West Monroe Street, Suite 4350, Chicago, Illinois 60606.

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ETF DISTRIBUTION AGREEMENT
Distribution Agreement • August 3rd, 2021 • Zacks Trust • Illinois

This Distribution Agreement (the “Agreement”) is made this day of August 2, 2021, by and between Zacks Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at 227 West Monroe Street, Suite 4350, Chicago, Illinois 60606, and Foreside Financial Services, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101.

AGREEMENT AND DECLARATION OF TRUST of Zacks Trust a Delaware Statutory Trust
Trust Agreement • July 12th, 2019 • Zacks Trust • Delaware
DISTRIBUTION AGREEMENT
Distribution Agreement • August 4th, 2023 • Zacks Trust • Delaware

This Distribution Agreement (this “Agreement”), dated April 24, 2023, is made by and among Zacks Trust, a Delaware statutory trust (the “Trust”), Zacks Investment Management, Inc., an Illinois corporation (the “Advisor”), and Northern Lights Distributors, LLC, a limited liability company organized under the laws of the state of Nebraska (“Distributor”).

ETF DISTRIBUTION AGREEMENT
Etf Distribution Agreement • September 25th, 2023 • Zacks Trust • Delaware

This ETF Distribution Agreement (this “Agreement”) is effective the 24th day of April, 2023, between Zacks Trust, a Delaware statutory trust (the “Trust”), on behalf of itself and the fund(s) listed on Schedule B, as may be amended from time to time (each, a “Fund”, and collectively, the “Funds”), and Northern Lights Distributors, LLC a Nebraska limited liability company (the “Distributor”).

CUSTODIAN AND TRANSFER AGENT AGREEMENT
Custodian and Transfer Agent Agreement • August 3rd, 2021 • Zacks Trust • Illinois

THIS AGREEMENT (this Agreement), dated as of May 19, 2021, between Zacks Trust (the Fund, including its separate series, the Portfolios), an open-end management investment company organized under the laws of the State of Delaware and registered with the Commission under the Investment Company Act of 1940 (the 1940 Act), and BROWN BROTHERS HARRIMAN & CO., a limited partnership formed under the laws of the State of New York (BBH&Co. or, when referring to BBH&Co. in its capacity as custodian, the Custodian, and when referring to BBH&Co. in its capacity as transfer agent, TA). For purposes of this Agreement, reference hereafter to the “Fund” shall mean the Fund and/or the respective Portfolio(s), as the context requires.

ETF MASTER SERVICES AGREEMENT
Etf Master Services Agreement • August 3rd, 2021 • Zacks Trust • Delaware

This ETF Master Services Agreement (this “Agreement”), dated April 26, 2021, is between Zacks Trust (the “Trust”), a Delaware statutory trust, and Ultimus Fund Solutions, LLC (“Ultimus”), a limited liability company organized under the laws of the state of Ohio.

CUSTODY AGREEMENT
Custody Services Agreement • August 4th, 2023 • Zacks Trust • Illinois

This Custody Services Agreement (collectively with all schedules, exhibits, amendments, and addenda hereto, this “Agreement”) is made by and between Fifth Third Bank, National Association, 38 Fountain Square Plaza, MD 1090C7, Cincinnati, OH 45202 (“Fifth Third” or “Custodian”), and the undersigned company (“Company”), and is made effective as of the date assets are first received by Fifth Third. Alternatively, if Fifth Third already holds the assets, this Agreement is effective upon the date this Agreement is executed by both client and Fifth Third.

MASTER SERVICES AGREEMENT
Master Services Agreement • August 4th, 2023 • Zacks Trust • Delaware

This Master Services Agreement (this “Agreement”), dated April 24, 2023, is between Zacks Trust (the “Trust”), a Delaware statutory trust, and Ultimus Fund Solutions, LLC (“Ultimus”), a limited liability company organized under the laws of the state of Ohio.

ZACKS TRUST OPERATING EXPENSES LIMITATION AGREEMENT ZACKS INVESTMENT MANAGEMENT, INC.
Operating Expenses Limitation Agreement • September 25th, 2023 • Zacks Trust • Illinois

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is dated as of the 24th day of April, 2023, by and between ZACKS TRUST, a Delaware statutory trust (the “Trust”), on behalf of the Funds listed on Appendix A (the “Funds”), each a series of the Trust, and Zacks Investment Management, Inc. (the “Adviser”).

ZACKS TRUST OPERATING EXPENSES LIMITATION AGREEMENT ZACKS INVESTMENT MANAGEMENT, INC.
Operating Expenses Limitation Agreement • January 27th, 2023 • Zacks Trust • Illinois

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is dated as of the 20th day of January, 2023, by and between ZACKS TRUST, a Delaware statutory trust (the “Trust”), on behalf of Zacks Earnings Consistent Portfolio ETF (the “Fund”) a series of the Trust, and Zacks Investment Management, Inc. (the “Adviser”).

ZACKS TRUST INVESTMENT ADVISORY AGREEMENT AMENDED AND RESTATED APPENDIX A FUNDS OF THE TRUST
Investment Advisory Agreement • September 9th, 2024 • Zacks Trust

IN WITNESS WHEREOF, the parties have caused this Amended and Restated Appendix A to be signed by their respective officers thereunto duly authorized as of the 22nd day of July 2024.

ZACKS TRUST OPERATING EXPENSES LIMITATION AGREEMENT ZACKS INVESTMENT MANAGEMENT, INC.
Operating Expenses Limitation Agreement • September 9th, 2024 • Zacks Trust • Illinois

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is dated as of the 22nd day of July, 2024, by and between ZACKS TRUST, a Delaware statutory trust (the “Trust”), on behalf of the Zacks Focus Growth ETF (the “Fund”) a series of the Trust, and Zacks Investment Management, Inc. (the “Adviser”).

ZACKS TRUST INVESTMENT ADVISORY AGREEMENT AMENDED AND RESTATED APPENDIX A FUNDS OF THE TRUST
Investment Advisory Agreement • August 4th, 2023 • Zacks Trust

IN WITNESS WHEREOF, the parties have caused this Amended and Restated Appendix A to be signed by their respective officers thereunto duly authorized as of the 24th day of April, 2023.

ZACKS TRUST INVESTMENT ADVISORY AGREEMENT AMENDED AND RESTATED APPENDIX A FUNDS OF THE TRUST
Investment Advisory Agreement • September 25th, 2023 • Zacks Trust

IN WITNESS WHEREOF, the parties have caused this Amended and Restated Appendix A to be signed by their respective officers thereunto duly authorized as of the 18th day of September 2023.

AMENDMENT TO CUSTODIAN AND TRANSFER AGENT AGREEMENT
Custodian and Transfer Agent Agreement • September 25th, 2023 • Zacks Trust

THIS AMENDMENT TO CUSTODIAN AND TRANSFER AGENT AGREEMENT (this “Amendment”) is made as of September 18, 2023 by and between BROWN BROTHERS HARRIMAN & CO., a limited partnership organized under the laws of the State of New York (“BBH&CO.”), and ZACK TRUST, a Delaware statutory trust (the “Fund”), on behalf of each Portfolio listed on Appendix A to the Agreement.

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