AGREEMENT AND DECLARATION OF TRUST OF MODERN CAPITAL FUNDS TRUST a Delaware Statutory Trust as of October 28, 2020Agreement and Declaration of Trust • February 2nd, 2021 • Modern Capital Funds Trust • Delaware
This AGREEMENT AND DECLARATION OF TRUST is made and entered into as of October 28, 2020 by the Trustee named hereunder (“Initial Trustee”) for the purpose of forming a Delaware statutory trust in accordance with the provisions hereinafter set forth.
DISTRIBUTION AGREEMENTDistribution Agreement • February 2nd, 2021 • Modern Capital Funds Trust
This AGREEMENT dated December 11, 2020 between MODERN CAPITAL FUNDS TRUST, a statutory trust organized under the laws of the State of Delaware (the “Trust”) and CAPITAL INVESTMENT GROUP, INC., a North Carolina corporation (the “Distributor”).
CUSTODY AGREEMENTCustody Agreement • February 2nd, 2021 • Modern Capital Funds Trust • Ohio
THIS AGREEMENT, is made as of November 16, 2020 (the “Agreement”), by and between Modern Capital Funds Trust, a Trust organized under the laws of the State of Delaware (the “Company”), and Fifth Third Bank, National Association (“Fifth Third Bank”) (the “Custodian”).
FUND ACCOUNTING AND ADMINISTRATION SERVICE AGREEMENT between Modern Capital Funds Trust andFund Accounting and Administration Service Agreement • February 2nd, 2021 • Modern Capital Funds Trust • North Carolina
DIVIDEND DISBURSING AND TRANSFER AGENT AGREEMENTDividend Disbursing and Transfer Agent Agreement • February 2nd, 2021 • Modern Capital Funds Trust • North Carolina
THIS DIVIDEND DISBURSING AND TRANSFER AGENT AGREEMENT (“Agreement”) is made and entered into as of the 11th day of December, 2020 by and between MODERN CAPITAL FUNDS TRUST, a Delaware statutory trust (the “Trust”), and NOTTINGHAM SHAREHOLDER SERVICES, LLC, a North Carolina limited liability company (“Transfer Agent”).
mODERN CAPITAL FUNDS TRUST MODERN CAPITAL tACTICAL OPPORTUNITIES FUND FORM OF PRIVATE OFFERING (SEED MONEY) AGREEMENTPrivate Offering (Seed Money) Agreement • February 2nd, 2021 • Modern Capital Funds Trust
This Private Offering (Seed Money) Agreement (the “Agreement”) made this 4th day of January, 2021, by and between Modern Capital Funds Trust, a statutory trust organized and existing under the laws of the State of Delaware (the “Trust”), on behalf of the Modern Capital Tactical Opportunities Fund, and Bradley D. Atkins (the “Subscriber”).
MODERN CAPITAL FUNDS TRUST OPERATING EXPENSES LIMITATIONOperating Expenses Limitation Agreement • February 2nd, 2021 • Modern Capital Funds Trust • Delaware
THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is effective as of the 11th day of December 2020, by and between MODERN CAPITAL FUNDS TRUST, a Delaware statutory trust (the “Trust”), on behalf of each series of the Trust listed in Appendix A (each a “Fund” and, collectively, the “Funds”), and Modern Capital Management Co. (the “Adviser”), the investment adviser of the Fund.
Modern Capital Funds MANAGEMENT AGREEMENTManagement Agreement • February 2nd, 2021 • Modern Capital Funds Trust • Delaware
This Management Agreement (“Agreement”) is made on the 11th day of December 2020, effective on the date stated in Section 8 of this Agreement, by and between Modern Capital Funds Trust, a statutory trust organized and existing under the laws of the state of Delaware (the “Trust”), and Modern Capital Management Co. (the “Manager”), a corporation organized and existing under the laws of the state of Wyoming.
