ETF CUSTODY AGREEMENTCustody Agreement • February 12th, 2021 • ASYMmetric ETFs Trust • New York
THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between ASYMmetric ETFs 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”).
ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • April 26th, 2022 • ASYMmetric ETFs Trust • Delaware
This Distribution Agreement (the “Agreement”) is made this September 30, 2021 by and between ASYMmetric ETFs Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at 158 East 126th Street, Suite 304, NY, NY 10035, 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.
SUB-ADVISORY AGREEMENTSub-Advisory Agreement • February 12th, 2021 • ASYMmetric ETFs Trust • New York
This Sub-Advisory Agreement (the “Agreement”) is made as of this 12th day of February, 2021 by and between ASYMmetric ETFs, LLC, a Delaware limited liability company with its principal place of business at 158 East 126th Street, Suite 304, New York, NY 10035 (“Adviser”), and Toroso Investments, LLC, a Delaware limited liability company, with its principal place of business at 898 N. Broadway, Suite 2, Massapequa, NY 11758 (the “Sub-Adviser”), with respect to each series of the ASYMmetric ETFs Trust (the “Trust”) identified on Schedule A to this Agreement, as may be amended from time to time (each, a “Fund” and, if more than one Fund, together, the “Funds”).
FORM OF AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • February 12th, 2021 • ASYMmetric ETFs 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 U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES (the “[Transfer Agent/Index Receipt Agent]”), and is further subject to acknowledgement and agreement by ASYMmetric ETFs 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 12(c) herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time, and included in the Trust’s Registration Statement on Form N-1A, as it may be amended from time to time, or otherwise filed with the U.S. Securities and Exchange Commission (“SEC”) (together with such Fund’s Statement of Additional Information incorporated therein, the “
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • February 12th, 2021 • ASYMmetric ETFs Trust • New York
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between ASYMmetric ETFs 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 (“USBGFS”)
FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • February 12th, 2021 • ASYMmetric ETFs Trust • New York
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between ASYMmetric ETFs 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 (“USBGFS”).
ETF FUND ACCOUNTING SERVICING AGREEMENTFund Accounting Servicing Agreement • February 12th, 2021 • ASYMmetric ETFs Trust • New York
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between ASYMmetric ETFs 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 (“USBGFS”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • February 12th, 2021 • ASYMmetric ETFs Trust • New York
This Investment Advisory Agreement (“Agreement”) is made and entered into as of February 12, 2021, by and between ASYMmetric ETFs Trust, a Delaware statutory trust (“Trust”), on behalf of the funds listed on Appendix A, each a series of shares of the Trust (each, a “Fund” and, collectively, “Funds”), and ASYMmetric ETFs, LLC, a corporation organized under the laws of the State of Delaware (“Adviser”).
ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • April 27th, 2023 • ASYMmetric ETFs Trust • Delaware
This second amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of September 30, 2021, by and between ASYMmetric ETFs Trust (“Trust”) and Foreside Fund Services, LLC (“Foreside”) is entered into as of January 25, 2023 (the “Effective Date”).
ASYMMETRIC ETFS TRUST SECOND AMENDMENT TO THE INVESTMENT ADVISORY AGREEMENTEtfs Trust • January 25th, 2023 • ASYMmetric ETFs Trust
This Second Amendment (the “Amendment”) to the Investment Advisory Agreement by and between ASYMmetric ETFs Trust, a Delaware statutory trust (the “Trust”), on behalf of ASYMshares™ ASYMmetric S&P 500® ETF, ASYMmetric Smart Alpha S&P 500® ETF, and ASYMmetric Smart Income ETF (each, a “Fund” and together, the “Funds”) and ASYMmetric ETFs, LLC, a Delaware limited liability company (the “Adviser”), dated February 12, 2021, (the “Agreement”), as amended June 3, 2021, is made and entered into as of January 25, 2023 by the Trust and the Adviser. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement.
FIRST AMENDMENT TO THE ASYMmetric ETF TRUST CUSTODY AGREEMENTEtf Trust Custody Agreement • January 25th, 2023 • ASYMmetric ETFs Trust
THIS FIRST AMENDMENT, effective as of the last date on the signature block, to the Custody Agreement, dated as of February 9th, 2021, (the “Agreement”), is entered into by and between ASYMmetric ETF TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Custodian”).
EXPENSE LIMITATION AGREEMENT ASYMmetric ETFs TRUSTExpense Limitation Agreement • February 12th, 2021 • ASYMmetric ETFs Trust
This Agreement is made and entered into on February 12, 2021, by and between the funds listed on Schedule A (each, a “Fund”), each a series of shares of ASYMmetric ETFs Trust, a Delaware statutory trust (the “Trust”) and ASYMmetric ETFs, LLC, a Delaware corporation (the “Adviser”).
ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • January 25th, 2023 • ASYMmetric ETFs Trust • Delaware
This second amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of September 30, 2021, by and between ASYMmetric ETFs Trust (“Trust”) and Foreside Fund Services, LLC (“Foreside”) is entered into as of January 25, 2023 (the “Effective Date”).
FIRST AMENDMENT TO THE ASYMmetric ETF TRUST FUND ACCOUNTING SERVICING AGREEMENTAccounting Servicing Agreement • January 25th, 2023 • ASYMmetric ETFs Trust
THIS FIRST AMENDMENT, effective as of the last date on the signature block, to the Fund Accounting Servicing Agreement dated as of February 11th, 2021, (the “Agreement”), is entered into by and between ASYMmetric ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).
SUBLICENSE AGREEMENTSublicense Agreement • February 12th, 2021 • ASYMmetric ETFs Trust • Delaware
This Sublicense Agreement (the “Agreement”) is made as of February 12, 2021, by and between ASYMmetric ETFs, LLC (“Adviser”) and ASYMmetric ETFs Trust, a statutory trust established under the laws of the State of Delaware (“Trust”).
FIRST AMENDMENT TO THE ASYMmetric ETF TRUST TRANSFER AGENT SERVICING AGREEMENTAgent Servicing Agreement • January 25th, 2023 • ASYMmetric ETFs Trust
THIS FIRST AMENDMENT, effective as of the last date on the signature block, to the Transfer Agent Servicing Agreement, dated as of February 11, 2021, (the “Agreement”), is entered into by and between ASYMmetric ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).
Exhibit A to Sublicense Agreement dated February 12, 2021 as amended January 25, 2023A to Sublicense Agreement • January 25th, 2023 • ASYMmetric ETFs Trust
IN WITNESS WHEREOF the parties have caused this Agreement to be executed as of the date first above written, with intent to be bound hereby.
FIRST AMENDMENT TO THE ASYMmetric ETF TRUST FUND ADMINISTRATION SERVICING AGREEMENTAdministration Servicing Agreement • January 25th, 2023 • ASYMmetric ETFs Trust
THIS FIRST AMENDMENT, effective as of the last date on the signature block, to the Fund Administration Servicing Agreement dated as of February 11th, 2021, (the “Agreement”), is entered into by and between ASYMmetric ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).
