INVESTMENT ADVISORY AGREEMENT
Aberdeen Standard Investments ETFs 485APOS
EX.99.D3
SECOND
AMENDMENT
TO
This SECOND AMENDMENT (this “Second Amendment”) to that certain Investment Advisory Agreement dated August 27, 2018, as amended (the “Agreement”), between Aberdeen Standard Investments ETFs, formerly ETFS Trust (the “Trust”), and Aberdeen Standard Investments ETFs Advisors LLC, formerly ETF Securities Advisors LLC (the “Adviser”), is made and entered into by the foregoing parties as of December 13, 2018. Unless otherwise defined herein, capitalized terms used herein have the meanings specified in or pursuant to the Agreement.
WHEREAS, the Trust and the Adviser desire to amend Schedule A to the Agreement to reflect a reduction in the investment advisory fee schedule for the Aberdeen Standard Bloomberg All Commodity Strategy K-1 Free ETF, effective as of the date of this Second Amendment;
NOW THEREFORE, in consideration of the premises and for other good and valuable consideration, the parties hereby agree as follows:
| 1. | Exhibit A. Effective as of the date of this Second Amendment, Schedule A to the Agreement is hereby deleted in its entirety and replaced as set forth in Exhibit 1 attached hereto. |
| 2. | Ratification of Agreement. Except as expressly amended and provided herein, all of the terms, conditions and provisions of the Agreement are hereby ratified and confirmed to be of full force and effect, and shall continue in full force and effect. |
| 3. | Counterparts. This Second Amendment shall become binding when any one or more counterparts hereof individually or taken together, shall bear the original or facsimile signature of each of the parties hereto. This Second Amendment may be executed in any number of counterparts, each of which shall be an original against any party whose signature appears thereon, but all of which together shall constitute but one and the same instrument. |
| 4. | Governing Law. This Second Amendment shall be governed by and construed to be in accordance with the laws of the State of Delaware without reference to choice of law principles thereof and in accordance with the Investment Company Act of 1940, as amended (the “1940 Act”). In the case of any conflict, the 1940 Act shall control. |
[Signature Page Follows]
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EX.99.D3
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment by their duly authorized representatives as of the day and year set forth above.
| Aberdeen Standard Investments ETFs | ||
| By: | /s/Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Vice President | ||
| Aberdeen Standard Investments ETFs Advisors LLC | ||
| By: Aberdeen Asset Management Inc., its sole member | ||
| By: | /s/Xxxxx Xxxxx | |
| Name: Xxxxx Xxxxx | ||
| Title: Vice President of Aberdeen Asset Management Inc. | ||
[Signature Page to Second Amendment to Investment Advisory Agreement]
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EX.99.D3
Exhibit 1 to Second Amendment
Schedule A dated December 13, 2018
to the Investment Advisory Agreement
between Aberdeen Standard Investments ETFs (formerly, ETFS Trust) and
Aberdeen
Standard Investments ETFs Advisors LLC (formerly, ETF Securities
Advisors LLC)
| Name of Series: | Fee %: |
| Aberdeen Standard Bloomberg All Commodity Strategy K-1 Free ETF | 0.25% |
| Aberdeen Standard Bloomberg All Commodity Longer Dated Strategy K-1 Free ETF | 0.29% |
| Aberdeen Standard Bloomberg Agriculture Commodity Strategy K-1 Free ETF | 0.39% |
| Aberdeen Standard Bloomberg Energy Commodity Strategy K-1 Free ETF | 0.39% |
| Aberdeen Standard Bloomberg Energy Commodity Longer Dated Strategy K-1 Free ETF | 0.39% |
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