FORM OF TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • February 25th, 2008 • Bear Stearns Active Etf Trust • New York
THIS TRANSFER AGENCY AND SERVICE AGREEMENT, dated as of February 22, 2008, is made by and between Bear Stearns Active ETF Trust, having its principal office and place of business at 237 Park Avenue, New York, New York 10017 (the “Trust”), on behalf of its various portfolios (each, a “Fund”) listed on Appendix I hereto, as amended from time to time, and The Bank of New York, a New York banking company having its principal office and place of business at One Wall Street, New York, New York 10286 (the “Bank”).
FORM OF CUSTODY AGREEMENTCustody Agreement • February 25th, 2008 • Bear Stearns Active Etf Trust • New York
THIS CUSTODY AGREEMENT, dated as of February 22, 2008 is made by and between Bear Stearns Active ETF Trust, a Delaware business trust, having its principal office and place of business at 237 Park Avenue, New York, New York 10017 (the “Trust”) on behalf of its various Fund portfolios, individually and not jointly, and The Bank of New York, 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”).
BEAR STEARNS ACTIVE ETF TRUST INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • February 25th, 2008 • Bear Stearns Active Etf Trust • New York
THIS INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is entered into as of December 17, 2007 by and between BEAR STEARNS ACTIVE ETF TRUST, a Delaware statutory trust (the “Trust”), and BEAR STEARNS ASSET MANAGEMENT, INC., a corporation formed under the laws of New York (the “Advisor”).
FORM OF FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • February 25th, 2008 • Bear Stearns Active Etf Trust • New York
THIS FUND ADMINISTRATION AND ACCOUNTING AGREEMENT, dated as of 2/22/08, is made by and among the Bear Stearns Active ETF Trust (the “Trust”) on behalf of its various portfolios, each an exchange-traded fund listed identified on Exhibit A attached hereto as amended from time to time (each, a “Fund”), individually and not jointly, and The Bank of New York, a New York banking organization (“BNY”).
DISTRIBUTION AGREEMENTDistribution Agreement • February 25th, 2008 • Bear Stearns Active Etf Trust • New York
This Distribution Agreement (the “Agreement”) made this 22nd day of February, 2008, by and between Bear Stearns ETF Trust, a Delaware Statutory Trust (the “Trust”), on behalf of the Bear Stearns Current Yield Fund (“CYF”) and any other series portfolios of the Trust (each, a “Fund”), individually and not jointly, having its principal place of business at 237 Park Avenue, New York, New York, and ALPS Distributors, Inc., a Colorado corporation (the “Distributor”) having its principal place of business at 1290 Broadway, Suite 1100, Denver, Colorado 80203.
AGREEMENT FOR MARKETING SERVICESMarketing Services Agreement • February 25th, 2008 • Bear Stearns Active Etf Trust • New York
THIS AGREEMENT FOR MARKETING SERVICES (the “Agreement”) is made and entered into as of this 22nd day of February, 2008 (the “Effective Date”), by and between ALPS Fund Services, Inc. a Colorado corporation located at 1290 Broadway, Suite 1100, Denver, Colorado 80203 (“ALPS”) and Bear Stearns Asset Management Inc.(“BSAM”). ALPS and BSAM are sometimes hereinafter individually collectively referred to as a “Party” and collectively as the “Parties”.
FORM OF CALCULATION AGREEMENTCalculation Agreement • February 25th, 2008 • Bear Stearns Active Etf Trust • New York
This Calculation Agreement (“Agreement”) is entered into this ___ day of February, 2008 (the “Effective Date”), by and between the Bear Stearns Active ETF Trust (the “Trust”), a Delaware statutory trust having an office at 237 Park Avenue, New York, New York 10017 and the American Stock Exchange LLC (the “Amex”), a Delaware limited liability company having an office at 86 Trinity Place, New York, New York 10006. (The Trust and the Amex each being a “Party,” and collectively, the “Parties”).
FORM OF AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • February 25th, 2008 • Bear Stearns Active Etf Trust • New York
This Authorized Participant Agreement (the “Agreement”) is entered into by and between ALPS Distributors, Inc. (the “Distributor”) and ___________________ (the “Participant”) and is subject to acceptance by The Bank of New York, as transfer agent and custodian (the “Transfer Agent”) for the Bear Stearns Active ETF Trust (the “Trust”). Capitalized terms not otherwise defined herein are defined in Section 14 of this Agreement or in the Prospectus.
INITIAL CAPITAL AGREEMENTInitial Capital Agreement • February 25th, 2008 • Bear Stearns Active Etf Trust
THIS INITIAL CAPITAL AGREEMENT is entered into as of January 21, 2008 by and between Bear Stearns Asset Management Inc. with its principal office at 237 Park Avenue, New York, NY 10017 (“Purchaser”) and Bear Stearns Active ETF Trust, a Delaware statutory trust, with its principal office at 237 Park Avenue, New York, New York 10017 (the “Trust”).
