0000894189-18-006728 Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • December 7th, 2018 • Cushing ETF Trust • Delaware

THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between Cushing ETF Trust, a Delaware trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

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DISTRIBUTION AGREEMENT
Distribution Agreement • December 7th, 2018 • Cushing ETF Trust • New York

THIS DISTRIBUTION AGREEMENT (the “Agreement’) is made as of the last date on the signature page, by and between Cushing ETF Trust (the “Trust”), a Delaware statutory trust and Quasar Distributors, LLC (the “Distributor”), a Delaware limited liability company. Cushing Asset Management, LP, the investment advisor to the Trust (the “Adviser”), is a party hereto with respect to Article 5 only.

TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • December 7th, 2018 • Cushing ETF Trust • Delaware

THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • December 7th, 2018 • Cushing ETF Trust • Wisconsin

THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between CUSHING ETF TRUST, Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • December 7th, 2018 • Cushing ETF Trust • Delaware

THIS AGREEMENT is made as of the last date on the signature page by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

FIRST AMENDMENT to the CUSTODY AGREEMENT
Custody Agreement • December 7th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Custody Agreement is made as of November 26, 2018 by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”), CUSHING ASSET MANAGEMENT, LP, the investment adviser to the Trust (the “Adviser”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

FIRST AMENDMENT to the TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • December 7th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Transfer Agent Servicing Agreement is made as of November 26, 2018 by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”), CUSHING ASSET MANAGEMENT, LP, the investment adviser to the Trust (the “Adviser”) and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U. S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”).

FIRST AMENDMENT to the FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • December 7th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Fund Administration Servicing Agreement is made as of November 26, 2018 by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”), CUSHING ASSET MANAGEMENT, LP, the investment adviser to the Trust (the “Adviser”) and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U. S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”).

FIRST AMENDMENT to the FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • December 7th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Fund Accounting Servicing Agreement is made as of November 26, 2018 by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”), CUSHING ASSET MANAGEMENT, LP, the investment adviser to the Trust (the “Adviser”) and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U. S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”).

FIRST AMENDMENT to the DISTRIBUTION AGREEMENT
Distribution Agreement • December 7th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Distribution Agreement is made as of November 26, 2018 by and between by and between Cushing ETF Trust (the "Trust"), a Delaware statutory trust, Quasar Distributors, LLC (the "Distributor"), a Delaware limited liability company and Cushing Asset Management, LP, the investment advisor to the Trust (the "Adviser").

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