MANAGEMENT FEE WAIVER AGREEMENT NEUBERGER BERMAN ETF TRUST NEUBERGER BERMAN FLEXIBLE CREDIT INCOME ETF
XXXXXXXXX XXXXXX ETF TRUST
XXXXXXXXX XXXXXX FLEXIBLE CREDIT INCOME ETF
0000 Xxxxxx xx xxx Xxxxxxxx
New York, New York 10104
June 11, 2024
Xxxxxxxxx Xxxxxx Investment Advisers LLC
0000 Xxxxxx xx xxx Xxxxxxxx
New York, New York 10104
Dear Ladies and Gentlemen:
Xxxxxxxxx Xxxxxx Flexible Credit Income ETF (the “Fund”) is a series of Xxxxxxxxx Xxxxxx ETF Trust, a Delaware statutory trust (“Trust”).
Xxxxxxxxx Xxxxxx Investment Advisers LLC (the “Manager”) xxxxxx agrees, that from June 19, 2024 until October 31, 2025 (“Limitation Period”) to waive 0.10% per annum, of
the average daily net assets of the investment advisory fee (“Fee Waiver”) charged pursuant to the Management Agreement between the Manager and the Trust, on behalf of the Fund. For the avoidance of doubt, this Fee Waiver is in addition to
Expense Limitation Agreement dated as of June 11, 2024 between the Manager and the Trust, on behalf of the Fund.
You understand that you shall look only to the assets attributable to the Fund for performance of this Agreement and for payment of any claim
you may have hereunder, and neither any other series of the Trust, nor any of the Trust’s trustees, officers, employees, agents, or shareholders, whether past, present or future, shall be personally liable therefor.
This Agreement is made
and to be performed principally in the State of New York, and except insofar as the Investment Company Act of 1940, as amended, or other federal laws and regulations may be controlling, this Agreement shall be governed by, and construed and
enforced
in accordance with, the internal laws of the State of New York. Any amendment to this Agreement shall be in writing signed by the parties
hereto, and requires the approval of the Board of Trustees of the Trust, including a majority of the Trustees who are not “interested persons” of the Trust as that term is defined in the Investment Company Act of 1940. This Agreement
supersedes any prior agreement with respect to the subject matter hereof as of June 19, 2024.
If you are in agreement with the foregoing, please sign the form of acceptance on the enclosed counterpart hereof and return the same to us.
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Very truly yours, | |
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XXXXXXXXX XXXXXX ETF TRUST,
on behalf of
XXXXXXXXX XXXXXX FLEXIBLE CREDIT ETF
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By: |
/s/ Xxxxxx X. Xxxxx |
Title: |
President and Chief Executive Officer |
The foregoing Agreement is hereby accepted as of June 11, 2024. |
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XXXXXXXXX XXXXXX INVESTMENT ADVISERS LLC |
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By: |
/s/ Xxxxxx X. Xxxxx |
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Title: |
President and Chief Investment Officer -- Equities |