0000891092-16-015304 Sample Contracts

Agreement and Declaration of Trust
Agreement and Declaration of Trust • June 3rd, 2016 • Virtus ETF Trust II • Delaware

WHEREAS, Virtus ETF Trust II was established on July 14, 2015 with the filing of a Certificate of Trust with the Delaware Secretary of State for the purposes of carrying on the business of a management investment company;

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VIRTUS ETF TRUST II FIrst AMENDMENT TO THE ADVISORY AGREEMENT
Advisory Agreement • June 3rd, 2016 • Virtus ETF Trust II

THIS FIRST AMENDMENT dated as of the 3rd of June, 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 1540 Broadway, New York, NY 10036 (the “Adviser”).

VIRTUS ETF TRUST II FIrst AMENDMENT TO THE DISTRIBUTION AGREEMENT
Distribution Agreement • June 3rd, 2016 • Virtus ETF Trust II

THIS FIRST AMENDMENT dated as of the 3rd of June, 2016, to the Distribution Agreement, dated as of February 10, 2016 (the “Distribution Agreement”), is entered into by and between VIRTUS ETF TRUST II, a Delaware statutory trust (the “Trust”), and ETF Distributors LLC, a Delaware limited liability company (the “Distributor”).

VIRTUS ETF TRUST II FIrst AMENDMENT TO THE ADMINISTRATIVE SERVICES AGREEMENT
Administrative Services Agreement • June 3rd, 2016 • Virtus ETF Trust II

THIS FIRST AMENDMENT dated as of the 3rd of June, 2016, to the Administrative Services Agreement, dated as of November 10, 2015 (the “Administrative Services Agreement”), is entered into by and between VIRTUS ETF TRUST II, a Delaware statutory trust (the “Trust”) and VIRTUS ETF SOLUTIONS LLC, a Delaware limited liability company (the “Administrator”).

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