FOURTH AMENDMENT TO THE USA MUTUALS AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT with USA MUTUALS ADVISORS, INC.
FOURTH AMENDMENT TO THE
AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT
with
THIS FOURTH AMENDMENT dated as of December 5, 2016, to the Amended and Restated Investment Advisory Agreement, dated as of July 29, 2014 (the “Agreement”), is entered into by and between USA MUTUALS (the “Trust”), on behalf of the series of the Trust as indicated on Amended Schedule A to the Agreement, as may be amended from time to time (each, a “Fund,” and collectively, the “Funds”), and USA Mutuals Advisors, Inc. (hereinafter called the “Adviser”).
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the Trust and the Adviser desire to amend the Agreement to reflect the addition of the USA Mutuals/Carbon Beach Deep Value Fund as a new series of the Trust; and
WHEREAS, the Agreement allows for the amendment of Schedule A to the Agreement by a written instrument executed by both parties;
NOW, THEREFORE, the parties agree as follows:
Schedule A of the Agreement is hereby superseded and replaced with Amended Schedule A attached hereto, for the purpose of adding the USA Mutuals/Carbon Beach Deep Value Fund and to make other non-material changes.
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
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on behalf of its series listed on Amended Schedule A
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USA MUTUALS ADVISORS, INC.
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| By: /s/ Xxxxxx X. Xxxxxxxxx | By: /s/ Xxxxxxx X. Xxxxxx |
| Name: Xxxxxx X. Xxxxxxxxx | Name: Xxxxxxx X. Xxxxxx |
| Title: Chairman | Title: President |
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AMENDED SCHEDULE A
to the
AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT
between
and
USA MUTUALS ADVISORS, INC.
Pursuant to Article 5, the Trust shall pay the Adviser compensation at an annual rate as follows:
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FUND:
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Compensation:
(as a percentage of
daily net assets)
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Date Added:
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USA Mutuals Vice Fund*
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0.95%
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8/30/2002
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USA Mutuals/Carbon Beach Deep Value Fund
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1.50%
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12/5/2016
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Amended: December 5, 2016
*The name of the Fund was changed to “USA Mutuals Vice Fund” effective September 29, 2016. Prior to that date, the name of the Fund was “Barrier Fund.”
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