ETF DISTRIBUTION AGREEMENTDistribution Agreement • July 8th, 2021 • Harbor ETF Trust • Delaware
This Distribution Agreement (the “Agreement”) is made this 4th day of June 2021, by and between Harbor ETF Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at 111 South Wacker Drive, 34th Floor, Chicago, IL 60606, and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101.
AGREEMENT & DECLARATION OF TRUSTTrust Agreement • July 8th, 2021 • Harbor ETF Trust • Delaware
This AGREEMENT AND DECLARATION OF TRUST was made on May 14, 2021 by the Trustees, to establish a statutory trust for the purpose of conducting, operating and carrying on the business of a management investment company for the investment and reinvestment of funds contributed to the Trust by investors. The Trustees declare that all money and property contributed to the Trust shall be held and managed in trust pursuant to this Agreement and Declaration of Trust. The name of the Trust created by this Agreement and Declaration of Trust is Harbor ETF Trust.
AGREEMENT & DECLARATION OF TRUSTTrust Agreement • July 8th, 2021 • Harbor ETF Trust • Delaware
This AGREEMENT AND DECLARATION OF TRUST was made on May 14, 2021 by the Trustees, to establish a statutory trust for the purpose of conducting, operating and carrying on the business of a management investment company for the investment and reinvestment of funds contributed to the Trust by investors. The Trustees declare that all money and property contributed to the Trust shall be held and managed in trust pursuant to this Agreement and Declaration of Trust. The name of the Trust created by this Agreement and Declaration of Trust is Harbor ETF Trust.
Investment Advisory Agreement For Subadviser Harbor Scientific Alpha Income ETF Harbor Scientific Alpha High-Yield ETFInvestment Advisory Agreement • July 8th, 2021 • Harbor ETF Trust • Illinois
Harbor Capital Advisors, Inc. (the “Adviser”), a Delaware corporation, with its principal offices at 111 South Wacker Drive, Chicago, Illinois 60606, is the investment adviser to Harbor ETF Trust (the “Trust”) on behalf of Harbor Scientific Alpha Income ETF and Harbor Scientific Alpha High-Yield ETF (each, a “Fund” and collectively, the “Funds”). The Trust has been organized as a statutory trust under the laws of the State of Delaware to engage in the business of an investment company. The Trust is an open-end, management investment company registered under the Investment Company Act of 1940, as amended (the “Investment Company Act”). The shares of beneficial interest of the Trust (the “Shares”) are divided into multiple series, including the Funds, as established pursuant to resolutions adopted by the Board of Trustees of the Trust (the “Board” or the “Trustees”). Pursuant to authority granted the Adviser by the Trust’s Trustees, the Adviser has selected BlueCove Limited (“you”, “your
Investment Advisory Agreement Harbor Scientific Alpha Income ETF Harbor Scientific Alpha High-Yield ETFInvestment Advisory Agreement • July 8th, 2021 • Harbor ETF Trust • Illinois
Harbor ETF Trust (the “Trust”) has been organized under the laws of Delaware to engage in the business of an investment company. The shares of beneficial interest of the Trust (“Shares”) are divided into multiple series, including Harbor Scientific Alpha Income ETF and Harbor Scientific Alpha High-Yield ETF (each, a “Fund”), as established pursuant to a written instrument executed by the Trustees of the Trust. Series may be terminated, and additional series established, from time to time by action of the Trustees. The Trust, on behalf of each Fund, has selected you to act as the investment adviser of each Fund 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 Trust agrees with you as follows:
