AMENDMENT TO THE ETF SERIES SOLUTIONS TRANSFER AGENT SERVICING AGREEMENT
AMENDMENT TO THE
THIS AMENDMENT to the Transfer Agent Servicing Agreement, dated as of May 16, 2012, as amended (the “Agreement”), is entered into by and between ETF SERIES SOLUTIONS, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the parties desire to amend the series of the Trust to add funds and fees; and
WHEREAS, Section 12 of the Agreement allows for its amendment by a written instrument executed by both parties.
NOW, THEREFORE, the parties agree to amend the Agreement and add the following series of ETF Series Solutions:
Exhibit X, the Funds list, and Exhibit X 1, the Fee Schedule for the ESS Series, where CBOE Vest Financial LLC is the Adviser is hereby added and attached hereto.
This amendment will become effective upon the commencement of operations of the new series. Except to the extent amended hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year last written below.
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U.S. BANCORP FUND SERVICES, LLC
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By: /s/ Xxxxxxx X. Xxxxxxxx
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By: /s/ Xxxxxx Xxxxxxxxx
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Name: Xxxxxxx X. Xxxxxxxx
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Name: Xxxxxx Xxxxxxxxx
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Title: Secretary
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Title: President
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Date: February 23, 2018
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Date: February 23, 2018
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Exhibit X (Funds list) to the ETF Series Solutions Transfer Agent Servicing Agreement - CBOE Vest Financial LLC
Funds Names
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Cboe Vest S&P 500 Dividend Aristocrats Target Income ETF
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Cboe Vest S&P 500 Premium Income ETF
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Cboe Vest S&P 500 Buffer Protect Strategy ETF - January
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Cboe Vest S&P 500 Buffer Protect Strategy ETF - February
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Cboe Vest S&P 500 Buffer Protect Strategy ETF - March
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Cboe Vest S&P 500 Buffer Protect Strategy ETF - April
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Cboe Vest S&P 500 Buffer Protect Strategy ETF - May
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Cboe Vest S&P 500 Buffer Protect Strategy ETF - June
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Cboe Vest S&P 500 Buffer Protect Strategy ETF - July
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Cboe Vest S&P 500 Buffer Protect Strategy ETF - August
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Cboe Vest S&P 500 Buffer Protect Strategy ETF - September
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Cboe Vest S&P 500 Buffer Protect Strategy ETF - October
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Cboe Vest S&P 500 Buffer Protect Strategy ETF - November
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Cboe Vest S&P 500 Buffer Protect Strategy ETF - December
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Cboe Vest S&P 500 Enhanced Growth Strategy ETF - January
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Cboe Vest S&P 500 Enhanced Growth Strategy ETF - February
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Cboe Vest S&P 500 Enhanced Growth Strategy ETF - March
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Cboe Vest S&P 500 Enhanced Growth Strategy ETF - April
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Cboe Vest S&P 500 Enhanced Growth Strategy ETF - May
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Cboe Vest S&P 500 Enhanced Growth Strategy ETF - June
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Cboe Vest S&P 500 Enhanced Growth Strategy ETF - July
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Cboe Vest S&P 500 Enhanced Growth Strategy ETF - August
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Cboe Vest S&P 500 Enhanced Growth Strategy ETF - September
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Cboe Vest S&P 500 Enhanced Growth Strategy ETF - October
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Cboe Vest S&P 500 Enhanced Growth Strategy ETF - November
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Cboe Vest S&P 500 Enhanced Growth Strategy ETF - December
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Exhibit X 1 the ETF Series Solutions Transfer Agent Servicing Agreement Fee Schedule - CBOE Vest Financial LLC
Base Fee for Accounting, Administration, and Transfer Agent Services
The following reflects the greater of the basis point fee or annual minimum1 for Funds in the ETF Series Solutions (ESS) Trust where CBOE Vest Financial LLC acts as Adviser to the Fund.2
Annual Minimum per Fund
Funds 1-12 $[ ]
Funds 13+ $[ ]
Basis Points on Trust AUM
First $[ ] [ ] bp
Next $[ ] [ ] bp
Next $[ ] [ ] bp
$[ ] to $[ ] [ ] bp
+5 [ ] [ ] bp
See APPENDIX A for Services and Associated Fees in addition to the Base Fee
1 Each fund, regardless of asset size, will have fees allocated to it equal to the per fund minimum. Should the complex level basis point fee calculation exceed the complex level minimum fee level calculation, the fees in excess of the minimum will be allocated to each fund based on percent on AUM.
2 Fees are calculated pro rata and billed monthly
Advisor’s Signature below acknowledges approval of the schedules on this Exhibit X 1.
CBOE Vest Financial LLC
By: /s/ Xxxxx Xxxx
Printed Name: Xxxxx Xxxx
Title: Chief Executive Officer Date: 2/27/18
APPENDIX A
Accounting, Administration, TA Services in addition to the Base Fee1
Pricing Services
For daily pricing of each securities (estimated 252 pricing days annually)
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$[ ] - Domestic Equities, Options, ADRs, Foreign Equities, Futures, Forwards
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$[ ] - Domestic Corporates, Convertibles, Governments, Agencies, Currency Rates, Mortgage Backed
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$[ ] - CMOs, Municipal Bonds, Money Market Instruments, Foreign Corporates, Convertibles, Governments, Agencies, Asset Backed, High Yield
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$[ ] - Interest Rate Swaps, Foreign Currency Swaps, Total Return Swaps, Total Return Bullet Swaps
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$[ ] - Bank Loans
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$[ ] - Swaptions
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$[ ] - Credit Default Swaps
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$[ ] per Month Manual Security Pricing (>25 per day)
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NOTE: Prices are based on using U.S. Bancorp primary pricing service which may vary by security type and are subject to change. Use of alternative and/or additional sources may result in additional fees. Pricing vendors may designate certain securities as hard to value or as a non-standard security type, such as CLOs and CDOs, which may result in additional fees. All schedules subject to change depending upon the use of unique security type requiring special pricing or accounting arrangements.
Corporate Action Services
Fee for IDC data used to monitor corporate actions
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$[ ] per Foreign Equity Security per Month
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$[ ] per Domestic Equity Security per Month
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$[ ] per CMOs, Asset Backed, Mortgage Backed Security per Month
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ESS Trust Chief Compliance Officer Annual Fees* (subject to board approval)
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$[ ] for the first fund
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$[ ] for funds 2-5
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$[ ] for funds 6-10
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$[ ] for funds 11 and above
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* Discounted fees for funds 6+ apply to long-only equity or fixed-income index based ETFs. All other funds will be $[ ] per additional fund.
Third Party Administrative Data Charges (descriptive data for analytics, reporting and compliance)
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$[ ] per security per month
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Section 15(c) Reporting
Add the following for fund administration services and data charges necessary to compile SEC required “peer reporting” information.
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$[ ] per fund per report for first 12 funds
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Funds 13 and above as negotiated
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Ongoing Annual Legal Administration Services
Add the following for legal administration services in support of external legal counsel, including annual registration statement update and drafting of supplements: (Final Fee(s) subject to USBFS legal team review and approval)
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$[ ] first 12 funds
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Funds 13 and above as negotiated
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Miscellaneous Expenses
Including but not limited to, SWIFT processing, customized reporting, third-party data provider costs (including GICS, MSCI, Lipper, etc.), postage, stationary, programming, special reports, proxies, insurance, XXXXX/XBRL filing, retention of records, federal and state regulatory filing fees, expenses related to and including travel to and from Board of Trustee meetings, third party auditing and legal expenses, wash sales reporting (GainsKeeper), tax e-filing, PFIC monitoring, conversion expenses (if necessary), and CCO team travel related costs to perform due diligence reviews at advisor and sub-advisor facilities.
1 Fees are calculated pro rata and billed monthly
