0000894189-24-007402 Sample Contracts

Fee Waiver Agreement December 18, 2024
Fee Waiver Agreement • December 18th, 2024 • Listed Funds Trust • Delaware

THIS FEE WAIVER AGREEMENT (the “Agreement”) is entered into by and between Listed Funds Trust, a Delaware statutory trust (the “Trust”), on behalf of the Fortuna Hedged Bitcoin Fund (the “Fund”), a series of the Trust, and Fortuna Funds, LLC (“Adviser”), the Fund’s investment adviser.

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AMENDMENT TO THE
Custody Agreement • December 18th, 2024 • Listed Funds Trust

THIS AMENDMENT effective as of the last date on the signature block (the “Effective Date”) to the Custody Agreement dated as of April 9, 2019, as amended (the “Agreement”), is entered into by and between LISTED FUNDS TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the “Custodian”).

LISTED FUNDS TRUST INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • December 18th, 2024 • Listed Funds Trust • Delaware

This INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made as of this 10th day of December, 2024 by and between LISTED FUNDS TRUST (the “Trust”), a Delaware statutory trust, and Fortuna Funds, LLC, a Texas limited liability company with its principal place of business at 6565 Hillcrest Road, Suite 215, Dallas, TX 75205 (the “Adviser”).

TWELFTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Etf Distribution Agreement • December 18th, 2024 • Listed Funds Trust • Delaware

This twelfth amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement") dated as of September 30, 2021, by and between Listed Funds Trust (“Trust”) and Foreside Fund Services, LLC (together, the “Parties”) is effective as of December 6, 2024.

Investment Advisory Agreement
Investment Advisory Agreement • December 18th, 2024 • Listed Funds Trust • Delaware

Fortuna Hedged Bitcoin Cayman (the “Company”) has been organized under the laws of the Cayman Islands to enable the Fortuna Hedged Bitcoin Fund (the “Fortuna ETF”) to gain exposure to certain types of commodity-linked derivative instruments. The Company is a wholly owned subsidiary of the Fortuna ETF. You serve as investment adviser to the Fortuna ETF. It is the Company’s desire to engage you to act as investment adviser to the Company so that you are able to implement the Fortuna ETF’s investment strategy directly and indirectly through the Fortuna ETF’s investments in the Company. Accordingly, the Company has selected you to act as the investment adviser of the Company and to provide certain other services, as more fully set forth below, and you are willing to act as such investment adviser and to perform such services under the terms and conditions hereinafter set forth. Accordingly, the Company agrees with you as follows:

FUND SERVICING AGREEMENT
Fund Servicing Agreement • December 18th, 2024 • Listed Funds Trust

THIS AMENDMENT effective as of the last date on the signature block (the “Effective Date”) to the Fund Servicing Agreement dated as of April 9, 2019, as amended (the “Agreement”), is entered into by and between LISTED FUNDS TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).

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