ETF DISTRIBUTION AGREEMENTDistribution Agreement • July 30th, 2024 • 2023 ETF Series Trust • Delaware
This distribution agreement (the “Agreement”) is effective this 1st day of August 2023, and made by The 2023 ETF Series Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, Maine 04101 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 AGREEMENTTransfer Agency and Service Agreement • July 30th, 2024 • 2023 ETF Series Trust
THIS AGREEMENT is made as of the 27th day of July, 2023, by and between The 2023 ETF Series Trust (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 240 Greenwich Street, New York, New York 10286 (the “Bank”).
investment ADVISORY AGREEMENTInvestment Advisory Agreement • November 8th, 2024 • 2023 ETF Series Trust • Delaware
THIS INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made as of this [DATE] of 2024, by and between The 2023 ETF Series Trust (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Pacific Capital Partners Limited (the “Adviser”), a limited company organized under the laws of England and Wales, with the Adviser’s principal place of business at 74 Wigmore Street, London, England, W1U 2SQ.
FORM OF AUTHORIZED PARTICIPANT AGREEMENT The 2023 ETF SERIES TRUSTAuthorized Participant Agreement • August 21st, 2023 • 2023 ETF Series Trust
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 [ ] (the “[Transfer Agent/Index Receipt Agent]”), and is further subject to acknowledgement and agreement by The 2023 ETF Series 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 “Prospectus”).
CUSTODY AGREEMENT By and Between THE BANK OF NEW YORK MELLON And THE 2023 ETF SERIES TRUSTCustody Agreement • October 25th, 2024 • 2023 ETF Series Trust
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 between THE BANK OF NEW YORK MELLON, a New York state chartered bank (“BNY Mellon”), and THE 2023 ETF SERIES TRUST, a Delaware statutory trust (“Customer”). BNY Mellon and Customer are collectively referred to as the “Parties” and individually as a “Party”.
FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • July 30th, 2024 • 2023 ETF Series Trust • New York
THIS AGREEMENT is made as of July 27th, 2023 by and between The 2023 ETF Series Trust (the “Trust”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business (“BNY Mellon”).
SERVICES AGREEMENT THE 2023 ETF SERIES TRUST and CITI FUND SERVICES OHIO, INC. and CITIBANK, N.A.Services Agreement • November 8th, 2024 • 2023 ETF Series Trust • New York
THIS SERVICES AGREEMENT is made on November 5, 2024, by and among The 2023 ETF Series Trust (the “Client”), Citi Fund Services Ohio, Inc. (“CFSO”), and Citibank, N.A. (“Citibank”, together with CFSO, the “Service Provider” or “Citi” and, with the Client, the “Parties” or individually, a “Party”). If more than one Client has signed this Agreement, this Agreement shall be considered a separate agreement between the Service Provider and each Client, and no Client shall be (i) liable for the obligations of any other Client or (ii) entitled to the benefits conferred under this Agreement on any other Client.
SUBADVISORY AGREEMENTSubadvisory Agreement • November 8th, 2024 • 2023 ETF Series Trust • Delaware
WHEREAS, pursuant to authority granted to the Adviser by the Board of Trustees (the “Board”) of The 2023 ETF Series Trust (the “Trust”), a Delaware statutory trust registered as an open-end management investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), on behalf of each series set forth on Schedule A to this Agreement (each, a “Fund,” and, collectively, the “Funds”), and pursuant to the provisions of the Investment Advisory Agreement, dated as of [DATE], 2024, by and between the Adviser and the Trust (the “Management Agreement”), the Adviser has selected the Subadviser to act as sub-investment adviser of each Fund and to provide certain related services, as more fully set forth below, and to perform these services under the terms and conditions hereinafter set forth; and
GLOBAL CUSTODIAL SERVICES AGREEMENTCustodial Services Agreement • November 8th, 2024 • 2023 ETF Series Trust • New York
THIS GLOBAL CUSTODIAL SERVICES AGREEMENT is made on October 9, 2024, by and among The 2023 ETF Series Trust, a Delaware Statutory Trust (the “Trust”)on behalf of each series listed on Schedule I of this Agreement as may be amended from time to time (each, a “Fund” and all such series and the Trust collectively, the “Client”), and Citibank, N.A. acting through its offices or branch located New York (the “Custodian”).
AMENDED AND RESTATED BOARD SUPPORT SERVICES AGREEMENT The 2023 etf series trustBoard Support Services Agreement • August 21st, 2023 • 2023 ETF Series Trust
FOREIGN CUSTODY MANAGER AGREEMENTForeign Custody Manager Agreement • July 30th, 2024 • 2023 ETF Series Trust
AGREEMENT made as of July 28, 2023 by and between The 2023 ETF Series Trust (the “Trust”), on behalf of each series listed on Annex I attached hereto (each, a “Fund” and collectively, the “Funds”) and The Bank of New York Mellon (“BNY”).
AMENDMENT TO TRANSFER AGENCY AND SERVICES AGREEMENTTransfer Agency and Services Agreement • November 4th, 2024 • 2023 ETF Series Trust
This Amendment (“Amendment”) is made as of October 1, 2024 (“Effective Date”), by and between The 2023 ETF Series Trust (the “Trust”), on behalf of each series listed on Appendix A attached hereto (each, a “Fund” and collectively, the “Funds”) and THE BANK OF NEW YORK MELLON (the “Bank”).
CUSTODY AGREEMENTCustody Agreement • October 25th, 2024 • 2023 ETF Series Trust
This Amendment (“Amendment”) is made as of October 1, 2024 (“Effective Date”), by and between The 2023 ETF Series Trust (the “Trust”), on behalf of each series listed on Appendix I attached hereto (each, a “Fund” and collectively, the “Funds”) and THE BANK OF NEW YORK MELLON (the “Bank”).
FIRST AMENDMENT TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • November 4th, 2024 • 2023 ETF Series Trust • Delaware
This first amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of August 1, 2023, by and between The 2023 ETF Series Trust and Foreside Fund Services, LLC (together, the “Parties”) is effective as of October 11, 2024.
AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • November 4th, 2024 • 2023 ETF Series Trust
This Amendment (“Amendment”) is made as of October 1, 2024 (“Effective Date”), by and between The 2023 ETF Series Trust (the “Trust”), on behalf of each series listed on Exhibit A attached hereto (each, a “Fund” and collectively, the “Funds”) and THE BANK OF NEW YORK MELLON (the “Bank”).
FUND PEO, SECRETARY, PFO/TREASURER CCO and AMLO AGREEMENTCco and Amlo Agreement • August 21st, 2023 • 2023 ETF Series Trust
AGREEMENT made as of March 2, 2023 by and between The 2023 ETF Series Trust, a Delaware statutory trust, with its principal office and place of business at 200 West St, New York, New York 10282 (the “Fund Company”), and Foreside Fund Officer Services, LLC, a Delaware limited liability company, with its principal office and place of business at Three Canal Plaza, Portland, Maine 04101 (“Foreside”).
AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • November 4th, 2024 • 2023 ETF Series Trust
This Amendment (“Amendment”) is made as of October 1, 2024 (“Effective Date”), by and between The 2023 ETF Series Trust (the “Trust”), on behalf of each series listed on Appendix I attached hereto (each, a “Fund” and collectively, the “Funds”) and THE BANK OF NEW YORK MELLON (the “Bank”).
