0001193125-20-272753 Sample Contracts

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • October 20th, 2020 • Gabelli ETFs Trust • New York

INVESTMENT ADVISORY AGREEMENT, dated , 2020, between The Gabelli ETFs Trust, a Delaware statutory trust, on behalf of Gabelli Love Our Planet & People ETF (the “Trust” and the “Fund”, respectively), and Gabelli Funds, LLC (the “Adviser”), a New York limited liability company.

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DISTRIBUTION AGREEMENT FOR THE GABELLI ETFS TRUST
Distribution Agreement • October 20th, 2020 • Gabelli ETFs Trust • New York

Distribution Agreement (the “Agreement”), dated [ ], 2020 between the Gabelli ETFs Trust, a Delaware statutory trust (the “Trust”), and G.distributors, LLC, a Delaware limited liability company (the “Distributor”).

FORM OF AUTHORIZED PARTICIPANT AGREEMENT GABELLI ETFS TRUST
Authorized Participant Agreement • October 20th, 2020 • Gabelli ETFs Trust • New York

This Authorized Participant Agreement (the “Agreement”) is entered into by and between G.distributors, LLC (the “Distributor”) and __________________ (the “Participant”) and is subject to acceptance by The Bank of New York Mellon (the “Transfer Agent”), and is further subject to acknowledgement and agreement by Gabelli ETFs Trust (the “Trust”), a series trust offering a number of portfolios of securities (each a “Fund” and collectively the “Funds”), solely with respect to Sections 4(c) and 13(c) herein.

AMENDMENT TO FOREIGN CUSTODY MANAGER AGREEMENT
Foreign Custody Manager Agreement • October 20th, 2020 • Gabelli ETFs Trust • New York

This Amendment (“Amendment”) is made as of the day of , 2020, by and between GAMCO INVESTORS, INC. (the “Client”) for and on behalf of each entity listed on Annex I attached to the Agreement (as defined below) (each, a “Fund” and collectively, the “Funds”) and THE BANK OF NEW YORK MELLON (“BNYM”).

Appendix A
Appendix A • October 20th, 2020 • Gabelli ETFs Trust

THIS APPENDIX A, amended and restated as of , 2020, is the Appendix A to that certain Custody Agreement between GAMCO INVESTORS, INC. and THE BANK OF NEW YORK MELLON dated June 10, 2008, as amended.

GABELLI ETFS TRUST FEE WAIVER AGREEMENT
Fee Waiver Agreement • October 20th, 2020 • Gabelli ETFs Trust • New York

THIS FEE WAIVER AGREEMENT (the “Agreement”) is effective as of the [ ] day of [ ], 2020, by and between Gabelli ETFs Trust, a Delaware statutory trust (the “Trust”), on behalf of its series, Gabelli Love Our Planet & People ETF (the “Fund”), and the investment adviser, Gabelli Funds, LLC (the “Adviser”).

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