SECOND AMENDMENT TO THE
Exhibit (d)(5)
SECOND AMENDMENT TO THE
THIS SECOND AMENDMENT dated as of the _____ day of _______, 2016, to the Advisory Agreement, dated as of January 4, 2016 (the “Advisory Agreement”), is entered into by and between VIRTUS ETF TRUST II (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 Schedule A to the Advisory Agreement to reflect the addition of the Virtus DWA Sector Trend ETF (the “Fund”) as a new series of the Trust and the engagement of the Adviser to act as investment adviser for the Fund;
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 Second Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
| VIRTUS ETF TRUST II | VIRTUS ETF ADVISERS LLC | ||||
| By: | By: | ||||
| Xxxxxxx X. Xxxxxxx, President | Xxxxxxx X. Xxxxx, President | ||||
SCHEDULE A
to the
between
and
VIRTUS ETF ADVISERS LLC
(As of _______, 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 | ||||||
| Virtus Newfleet Dynamic Credit ETF | $ | 0 | 0.275 | % | ||||
| Virtus Japan Alpha ETF | $ | [______] | [______] | % | ||||
| Virtus DWA Sector Trend ETF | $ | [______] | [______] | % | ||||
