ETFis SERIES TRUST I AMENDMENT TO SCHEDULE A TO THE ADVISORY AGREEMENT
Exhibit (d)(2)
AMENDMENT TO SCHEDULE A TO THE
THIS AMENDMENT (the “Amendment”) dated as of the 10th day of November, 2016, to the Advisory Agreement, dated as of June 4, 2015 (the “Advisory Agreement”), is entered into by and between ETFis SERIES TRUST I (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC, a Delaware limited liability company with its principal place of business at 0000 Xxxxxxxx, Xxx Xxxx, XX 00000 (the “Adviser”).
WHEREAS, each of the Trust and the Adviser is a party to the Advisory Agreement; and
WHEREAS, each of the Trust and the Adviser desires to amend the Advisory Agreement to replace Schedule A.
NOW, THEREFORE, the parties agree as follows:
1. Schedule A to the Advisory Agreement is hereby deleted in its entirety and replaced with Schedule A attached hereto.
2. Except to the extent amended hereby, the Advisory 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 first written above.
| ETFis SERIES TRUST I | VIRTUS ETF ADVISERS LLC |
|
By: /s/ Xxxxxxx X. Xxxxxxx Xxxxxxx X. Xxxxxxx, President |
By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, President |
SCHEDULE A
to the
between
and
VIRTUS ETF ADVISERS LLC
(As of November 10, 2016)
As compensation for the Adviser’s services rendered, the Adviser shall be entitled to a fee, computed daily at an annual rate based on the greater of (1) the minimum fee or (2) the average daily net assets of the respective Fund in accordance with the following fee schedule:
| Fund | Minimum Fee | Rate | ||
| Xxxxxx Tactical Management Multi-Strategy Income ETF | $ | 15,000 | 0.075% | |
| Newfleet Multi-Sector Unconstrained Bond ETF | $ | 0 | 0.700% | |
| Xxxxxx Utilities ETF | $ | 25,000 | 0.075% | |
| Cumberland Municipal Bond ETF | $ | 0 | 0.245% | |
| iSectors Post-MPT Growth ETF | $ | 25,000 | 0.125% | |
| InfraCap REIT Preferred ETF* | $ | 25,000 | 0.45% |
* The management fee for this Fund is structured as a “unified fee”, out of which the Adviser pays all of the ordinary operating expenses of the Fund, except for the fee payment under this Agreement; payments under any 12b-1 plan; taxes and other governmental fees; brokerage fees, commissions and other transaction expenses; interest and other costs of borrowing; litigation or arbitration expenses; acquired fund fees and expenses; and extraordinary or other non-routine expenses of the Fund; each of which is paid by the Fund. For the avoidance of doubt, the Trust, the Adviser and the Fund’s Sub-Adviser have not entered into a Sub-Advisory Agreement for the Fund that provides for a unified fee pursuant to which the Sub-Adviser is obligated to pay, or reimburse the Fund for the payment of, the Adviser’s fee, as described in the third sentence of the first paragraph of Section 9 of the Agreement.
