0000894189-23-000510 Sample Contracts

ASYMMETRIC ETFS TRUST SECOND AMENDMENT TO THE INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • January 25th, 2023 • ASYMmetric ETFs Trust

This Second Amendment (the “Amendment”) to the Investment Advisory Agreement by and between ASYMmetric ETFs Trust, a Delaware statutory trust (the “Trust”), on behalf of ASYMshares™ ASYMmetric S&P 500® ETF, ASYMmetric Smart Alpha S&P 500® ETF, and ASYMmetric Smart Income ETF (each, a “Fund” and together, the “Funds”) and ASYMmetric ETFs, LLC, a Delaware limited liability company (the “Adviser”), dated February 12, 2021, (the “Agreement”), as amended June 3, 2021, is made and entered into as of January 25, 2023 by the Trust and the Adviser. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement.

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FIRST AMENDMENT TO THE ASYMmetric ETF TRUST CUSTODY AGREEMENT
Custody Agreement • January 25th, 2023 • ASYMmetric ETFs Trust

THIS FIRST AMENDMENT, effective as of the last date on the signature block, to the Custody Agreement, dated as of February 9th, 2021, (the “Agreement”), is entered into by and between ASYMmetric ETF TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Custodian”).

ETF DISTRIBUTION AGREEMENT
Etf Distribution Agreement • January 25th, 2023 • ASYMmetric ETFs Trust • Delaware

This second amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of September 30, 2021, by and between ASYMmetric ETFs Trust (“Trust”) and Foreside Fund Services, LLC (“Foreside”) is entered into as of January 25, 2023 (the “Effective Date”).

FIRST AMENDMENT TO THE ASYMmetric ETF TRUST FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • January 25th, 2023 • ASYMmetric ETFs Trust

THIS FIRST AMENDMENT, effective as of the last date on the signature block, to the Fund Accounting Servicing Agreement dated as of February 11th, 2021, (the “Agreement”), is entered into by and between ASYMmetric 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 ASYMmetric ETF TRUST TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • January 25th, 2023 • ASYMmetric ETFs Trust

THIS FIRST AMENDMENT, effective as of the last date on the signature block, to the Transfer Agent Servicing Agreement, dated as of February 11, 2021, (the “Agreement”), is entered into by and between ASYMmetric ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

Exhibit A to Sublicense Agreement dated February 12, 2021 as amended January 25, 2023
Sublicense Agreement • January 25th, 2023 • ASYMmetric ETFs Trust

IN WITNESS WHEREOF the parties have caused this Agreement to be executed as of the date first above written, with intent to be bound hereby.

FIRST AMENDMENT TO THE ASYMmetric ETF TRUST FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • January 25th, 2023 • ASYMmetric ETFs Trust

THIS FIRST AMENDMENT, effective as of the last date on the signature block, to the Fund Administration Servicing Agreement dated as of February 11th, 2021, (the “Agreement”), is entered into by and between ASYMmetric ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

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