0001104659-23-051324 Sample Contracts

FORETHOUGHT VARIABLE INSURANCE TRUST OPERATING EXPENSES LIMITATION AGREEMENT
Forethought Variable Insurance Trust Operating Expenses Limitation Agreement • April 27th, 2023 • Forethought Variable Insurance Trust • Indiana

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is made as of November 3, 2022 and effective as of May 1, 2023, by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each fund and in accordance with the rates listed in Appendix A, (each a “Fund” and collectively the “Funds”) each a series of the Trust, and the Advisor of such Funds, Global Atlantic Investment Advisors, LLC (the “Advisor”).

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For Amendment No. 2 To Transfer Agency Services Agreement
Transfer Agency Services Agreement • April 27th, 2023 • Forethought Variable Insurance Trust

This Amendment No. 2 To Transfer Agency And Shareholder Services Agreement ("Amendment No. 2"), dated as of November 1, 2022 ("Effective Date"), is being made by and between BNY Mellon Investment Servicing (US) Inc. ("BNYM") and each of Forethought Variable Insurance Trust (the "Investment Company") and each Portfolio of the Investment Company listed on the Schedule B to the Current Agreement (defined below), each in its individual and separate capacity. "Funds" shall have the same meaning in this Amendment No. 2 as in the Current Agreement.

Amendment to Custody Agreement
Custody Agreement • April 27th, 2023 • Forethought Variable Insurance Trust

Amendment dated August 20, 2021 ("Effective Date") to the Custody Agreement dated November 1, 2019 (the "Agreement") made by and between Forethought Variable Insurance Trust (the "Trust") and The Bank of New York Mellon ("BNY Mellon").

FORETHOUGHT VARIABLE INSURANCE TRUST OPERATING EXPENSES LIMITATION AGREEMENT
Forethought Variable Insurance Trust Operating Expenses Limitation Agreement • April 27th, 2023 • Forethought Variable Insurance Trust • Indiana

THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is made as of November 3, 2022 and effective as of May 1, 2023, by and between FORETHOUGHT VARIABLE INSURANCE TRUST, a Delaware statutory trust (the “Trust”), on behalf of each fund and in accordance with the rates listed in Appendix A, (each a “Fund” and collectively the “Funds”) each a series of the Trust, and the Advisor of such Funds, Global Atlantic Investment Advisors, LLC (the “Advisor”).

Amendment to Fund Administration and Accounting Agreement
Fund Administration and Accounting Agreement • April 27th, 2023 • Forethought Variable Insurance Trust

Amendment dated November 1, 2022 (“Effective Date”) to the Fund Administration and Accounting Agreement dated November 1, 2019 (the “Agreement”) made by and between Forethought Variable Insurance Trust (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).

Second Amendment to Investment Advisory Agreement for Subadviser
Investment Advisory Agreement • April 27th, 2023 • Forethought Variable Insurance Trust

Second Amendment dated November 16, 2022 to the Investment Subadvisory Agreement dated February 1, 2021 and amended February 9, 2021 (the “Agreement”) made between GLOBAL ATLANTIC INVESTMENT ADVISORS, LLC (the “Advisor”), an Indiana limited liability corporation registered as an investment advisor under the Investment Advisors Act of 1940, Forethought Variable Insurance Trust, a Delaware statutory trust (the “Trust”), on behalf of its series, Global Atlantic Franklin Dividend and Income Managed Risk Portfolio and FRANKLIN ADVISERS, INC. (“Franklin” or the “Subadvisor”). Capitalized terms used herein and not otherwise defined shall have the definition set out in the Agreement.

FORETHOUGHT VARIABLE INSURANCE TRUST FORM OF RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • April 27th, 2023 • Forethought Variable Insurance Trust

THIS AGREEMENT, dated as of [●], between each series of Forethought Variable Insurance Trust listed on Schedule A, severally and not jointly (each, an “Acquiring Fund”), and each series of [●] listed on Schedule B, severally and not jointly (each, an “Acquired Fund” and, together with the Acquiring Funds, the “Funds”).

Amendment to Fund Administration and Accounting Agreement
Fund Administration and Accounting Agreement • April 27th, 2023 • Forethought Variable Insurance Trust

Amendment dated August 20, 2021 ("Effective Date") to the Fund Administration and Accounting Agreement dated November 1, 2019 (the "Agreement") made by and between Forethought Variable Insurance Trust (the "Trust") and The Bank of New York Mellon ("BNY Mellon").

AMENDMENT 2 TO THE FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Administration and Accounting Agreement • April 27th, 2023 • Forethought Variable Insurance Trust

This Amendment is an amendment to the Fund Administration and Accounting Agreement between The Bank of New York Mellon (“BNY Mellon”) and Forethought Variable Insurance Trust (“Trust”) on behalf of each series listed in Exhibit A (each a “Fund” and collectively the “Funds”) dated as of November 1, 2019 and amended August 19, 2022 (the “Agreement”).

First Amendment to Amended and Restated Investment Advisory Agreement for Subadviser
Forethought Variable Insurance Trust • April 27th, 2023

First Amendment dated November 16 2022 to the Investment Advisory Agreement for Subadviser dated February 1, 2021 and amended and restated May 1, 2021 (the “Agreement”) made by and among Global Atlantic Investment Advisors, LLC, an Indiana limited liability company (the "Investment Adviser"), Forethought Variable Insurance Trust, a Delaware statutory trust (the "Trust"), on behalf of its series listed in Schedule A, as may be amended from time to time (each a “Fund” and together, the “Funds”), and Wilshire Advisors LLC (formerly Wilshire Associates Incorporated) (the “Sub-adviser"), a Delaware limited liability company. Capitalized terms used herein and not otherwise defined shall have the definition set out in the Agreement.

Second Amendment to Investment Advisory Agreement for Subadviser
Investment Advisory Agreement • April 27th, 2023 • Forethought Variable Insurance Trust

Second Amendment dated November 16, 2022 to the Investment Advisory Agreement for Subadviser dated February 1, 2021 and amended February 9, 2021 (the “Agreement”) made by and among Global Atlantic Investment Advisors, LLC, a Delaware limited liability company (the "Investment Adviser"), Forethought Variable Insurance Trust, a Delaware statutory trust (the "Trust"), on behalf of its series, Global Atlantic Wellington Research Managed Risk Portfolio (the “Fund”), and Wellington Management Company LLP (the “Subadviser"). Capitalized terms used herein and not otherwise defined shall have the definition set out in the Agreement.

For Amendment No. 1 To Transfer Agency Services Agreement
Transfer Agency Services Agreement • April 27th, 2023 • Forethought Variable Insurance Trust

This Amendment No. 1 To Transfer Agency And Shareholder Services Agreement ("Amendment No. l"), dated as of August 20, 2021 ("Effective Date"), is being made by and between BNY Mellon Investment Servicing (US) Inc. ("BNYM") and each of Forethought Variable Insurance Trust (the "Investment Company") and each Portfolio of the Investment Company listed on the Schedule B attached to this Amendment No. 1, each in its individual and separate capacity. "Funds" shall have the same meaning in this Amendment No. 1 as in the Current Agreement (as defined immediately below).

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