0000894189-21-002941 Sample Contracts

FORM OF AMENDED AND RESTATED CUSTODY AGREEMENT
Custody Agreement • May 5th, 2021 • ETF Managers Trust • New York

THIS AMENDED AND RESTATED AGREEMENT is made and entered into as of this [ ] day of [ ], 2021, by and between ETF MANAGERS TRUST, a Delaware statutory 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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FORM OF FUND SERVICING AGREEMENT
Form of Fund Servicing Agreement • May 5th, 2021 • ETF Managers Trust • New York

THIS FUND SERVICING AGREEMENT (the “Agreement”) is made and entered into as of the [ ] day of [ ], 2021, by and between ETF MANAGERS TRUST, a Delaware statutory trust (the “Trust”), U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”), and ETF MANAGERS GROUP, LLC, a Delaware limited liability company (“ETFMG”) solely with respect to Paragraphs 25 and 26 of the Agreement.

Amendment No. 5 to Amended and Restated Distribution Agreement
Distribution Agreement • May 5th, 2021 • ETF Managers Trust

This Amendment No. 5, dated as of March 30, 2021 (the “Effective Date”), to the Amended and Restated Distribution Agreement (this “Amendment”), by and between ETF Managers Trust, a Delaware statutory trust (the “Trust”), and ETFMG Financial, LLC, a New Jersey limited liability company, having its principal place of business at 30 Maple Street, Suite 2, Summit, New Jersey 07901 (the “Distributor”).

FORM OF THIRD AMENDMENT TO SECURITIES LENDING AGREEMENT
Securities Lending Agreement • May 5th, 2021 • ETF Managers Trust

THIS THIRD AMENDMENT TO SECURITIES LENDING AGREEMENT ("Third Amendment"), dated effective as of [ ], 2021 ("Effective Date"), is made and entered into by and between U.S. Bank National Association ("Bank") and ETF Managers Trust ("Trust"), on behalf of each respective series identified in Exhibit C to the Agreement (each such series hereinafter referred to as a separate "Customer").

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