Fee Waiver Agreement
Exhibit (d)(29)
To: | Simplify Exchange Traded Funds |
000 Xxxxxxxx 00xx Floor
New York NY 10038
Dear Board Members:
You have engaged Simplify Asset Management Inc. (“we” or “us”) to act as the investment adviser to the Simplify MBS ETF (the “Fund”), a series of Simplify Exchange Traded Funds (the “Trust”) pursuant to a management agreement (the “Management Agreement”).
Effective upon the date of execution of this Agreement through October 31, 2024 (the “Limitation Period”), we agree to waive our management fee payable under the Management Agreement to the amount listed on Exhibit A of this Agreement (the “Fee Waiver”).
This Agreement shall become effective on the date written below and shall remain in effect through the Limitation Period, unless sooner terminated as provided below. The Limitation Period may be extended by us for successive twelve-month periods, provided that such extension is approved by a majority of the Trustees of the Trust.
Additionally, this Agreement may not be terminated by us but may be terminated by the Trust’s Board of Trustees, on 60 days’ written notice to us. This Agreement will automatically terminate if the Management Agreement is terminated.
This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party. If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware without giving effect to the conflict of laws principles thereof; provided that nothing herein shall be construed to preempt, or to be inconsistent with, any federal law, regulation or rule, including the Investment Company Act of 1940, as amended, and the Investment Advisers Act of 1940, as amended, and any rules and regulations promulgated thereunder.
Simplify Asset Management Inc.
By: | /s/ Xxxx Xxx | |
Name: | Xxxx Xxx | |
Title: | Chief Executive Officer | |
Date: | Effective as of October 23, 2023 |
ACCEPTANCE: Simplify Exchange Traded Funds
By: | /s/ Xxxx Xxx | |
Name: | Xxxx Xxx | |
Title: | Trustee. President, and Treasurer | |
Date: | Effective as of October 23, 2023 |
Exhibit A
Dated: Effective as of October 23, 2023
Management
Fee After Waiver | |
Simplify MBS ETF | 0.15% |
A-1