AMENDED AND RESTATED EXPENSE LIMITATION/REIMBURSEMENT AGREEMENT
AMENDED AND RESTATED
EXPENSE LIMITATION/REIMBURSEMENT AGREEMENT
THIS AGREEMENT, effective as of January 25, 2011, as amended and restated November 16, 2012, by and between EQUINOX FUND MANAGEMENT, LLC (the “Adviser”) and EQUINOX FUNDS TRUST (the “Trust”), on behalf of certain series of the Trust set forth on Schedule A to this Agreement (each a “Fund,” and collectively, the “Funds”).
WHEREAS, the Adviser desires to contractually agree to reduce its advisory fee and/or reimburse certain of the Funds’ operating expenses to ensure that a Fund’s total annual operating expenses, excluding taxes, interest, extraordinary items, brokerage commissions, and “class-specific fees and expenses” (defined below), do not exceed the levels described below. Class-specific fees and expenses are distribution expenses, transfer agency expenses, expenses of preparation, printing and mailing, prospectuses, statements of additional information, proxy statements and reports to shareholders, and organizational expenses and registration fees, identified as belonging to a particular class of the Trust.
NOW, THEREFORE, the parties agree as follows:
Fee Reduction/Reimbursement. The Adviser agrees that from the effective date as set forth on Schedule A until the termination date as set forth on Schedule A with respect to a Fund, it will reduce its compensation and/or reimburse certain expenses for such a Fund, to the extent necessary to ensure that such Fund’s total operating expenses, excluding taxes, any class-specific fees and expenses, interest, extraordinary items, “Acquired Fund fees and expenses” (as defined in Form N-1A) and brokerage commissions, do not exceed the contractual limits on Fund Operating Expenses set forth on Schedule A.
Fee Recovery. The Adviser shall be entitled to recover, subject to approval by the Board of Trustees of the Trust, which shall not be unreasonably withheld, such amounts for a period of up to three (3) years from the year in which the Adviser reduced its compensation and/or assumed expenses for a Fund.
Term. This Agreement shall terminate with respect to a Fund listed on Schedule A on the dates listed on Schedule A or at an earlier date upon the discretion of the Board of Trustees of the Trust upon 60 days’ written notice to the Adviser, unless extended, terminated, modified or revised by the mutual agreement of the parties by amending Schedule A to this Agreement or otherwise as provided for in writing.
Executed as of the date first set forth above.
EQUINOX FUND MANAGEMENT, LLC
By:
/s/Xxxxxx X. Xxxx
Name:
Xxxxxx X. Xxxx
Title:
President & CEO
EQUINOX FUNDS TRUST, on behalf of each Fund
By:
/s/Xxxxxx X. Xxxx
Name:
Xxxxxx X. Xxxx
Title:
President
Schedule A
Dated November 16, 2012
To The
Expense Limitation/Reimbursement Agreement
Dated January 25, 2011
Between
Equinox Funds Trust And Equinox Funds Management, LLC
Funds | Contractual Limit on | Effective Date | Termination Date |
|
|
|
|
Equinox Xxxxxxx Strategy Fund | 1.10% | Commencement of Operations | January 28, 2014 |
|
|
|
|
Equinox Cantab Strategy Fund | 1.10% | Commencement of Operations | January 28, 2014 |
|
|
|
|
Equinox Chesapeake Strategy Fund | 1.10% | Commencement of Operations | January 28, 2014 |
|
|
|
|
Equinox Crabel Two Plus Strategy Fund | 1.10% | Commencement of Operations | January 28, 2014 |
|
|
|
|
Equinox Eclipse Strategy Fund | 1.10% | Commencement of Operations | January 28, 2014 |
|
|
|
|
Equinox Xxxx Xxxxx Strategy Fund | 1.10% | Commencement of Operations | January 28, 2014 |
|
|
|
|
Equinox QCM Strategy Fund | 1.10% | Commencement of Operations | January 28, 2014 |
|
|
|
|
Equinox QIM/ WNTN Strategy Fund | 1.10% | Commencement of Operations | January 28, 2014 |
|
|
|
|
Equinox Tiverton Strategy Fund | 1.10% | Commencement of Operations | January 28, 2014 |
|
|
|
|
Equinox Absolute Return Strategy Fund | 1.10% | Commencement of Operations | January 28, 2014 |
|
|
|
|
Equinox Commodity Strategy Fund | 1.26% | January 25, 2011 | September 30, 2012 |
|
1.53% | October 1, 2012 | January 28, 2014 |
|
|
|
|
Equinox Xxxxxxxx Strategy Fund | 1.10% | Commencement of Operations | January 28, 2014 |
This Schedule A to the Expense Limitation Agreement is hereby executed as of the date first set forth above.
EQUINOX FUND MANAGEMENT, LLC
By:
/s/Xxxxxx X. Xxxx
Name:
Xxxxxx X. Xxxx
Title:
President & CEO
EQUINOX FUNDS TRUST, on behalf of each Fund
By:
/s/Xxxxxx X. Xxxx
Name:
Xxxxxx X. Xxxx
Title:
President
Signature Page – Schedule A to Expense Limitation Agreement