CUSTODY AGREEMENTCustody Agreement • April 28th, 2015 • Elkhorn ETF Trust • New York
AGREEMENT, dated as of April 21, 2015 between Elkhorn ETF Trust, a business trust organized and existing under the laws of the Commonwealth of Massachusetts, having its principal office and place of business at 207 Reber Street, Wheaton, IL 60187 (the “Trust”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business, having its principal office and place of business at One Wall Street, New York, New York 10286 (“Custodian”).
Investment Management AgreementInvestment Management Agreement • April 28th, 2015 • Elkhorn ETF Trust • Illinois
Investment Management Agreement made this [ ] day of [ ], 2015, by and between Elkhorn ETF Trust, a Massachusetts business trust (the “Trust”), and Elkhorn Investments, LLC, a Delaware limited liability company (the “Adviser”).
AUTHORIZED PARTICIPANT AGREEMENT FOR ELKHORN ETF TRUSTAuthorized Participant Agreement • April 28th, 2015 • Elkhorn ETF Trust • New York
This Authorized Participant Agreement (this “Agreement”) is entered into by and between ALPS Distributors, Inc. (the “Distributor”) and ________________________________ (the “Authorized Participant” or the “AP”) and is subject to acceptance by The Bank of New York Mellon (the “BNYM ETF Administrator” or the “Transfer Agent”). The Transfer Agent serves as the transfer agent for the Elkhorn ETF Trust (the “Trust”) and is a Receipt Agent as that term is defined in the rules of the National Securities Clearing Corporation (“NSCC”). The Distributor, the Transfer Agent and the Authorized Participant acknowledge and agree that the Trust shall be a third-party beneficiary of this Agreement and shall receive the benefits contemplated by this Agreement, to the extent specified herein. The Distributor has been retained to provide services as principal underwriter of the Trust acting on an agency basis in connection with the sale and distribution of shares of beneficial interest, par value $.01 pe
Elkhorn ETF Trust Subscription AgreementSubscription Agreement • April 28th, 2015 • Elkhorn ETF Trust
This Subscription Agreement (the “Agreement”) made this 7th day of April, 2015 by and between Elkhorn ETF Trust, a Massachusetts business trust (the “Trust”), on behalf of its series, Elkhorn S&P 500 Capital Expenditures Portfolio (the “Fund”), and Elkhorn Investments, LLC, a Delaware limited liability company (the “Subscriber”).
FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • April 28th, 2015 • Elkhorn ETF Trust • New York
THIS AGREEMENT is made as of April 21, 2015 by and between each Trust listed on the signature page hereto (each a “Trust”, and collectively the “Trusts” as applicable) and The Bank of New York Mellon, a New York corporation authorized to do a banking business (“BNY Mellon”).
DISTRIBUTION AGREEMENTDistribution Agreement • April 28th, 2015 • Elkhorn ETF Trust • New York
THIS AGREEMENT is made as of __________, 2015, between Elkhorn ETF Trust, a Massachusetts business trust (the “Fund”), and ALPS Distributors, Inc., a Colorado corporation (“ALPS”).
