0001387131-23-012680 Sample Contracts

VIRTUS ETF TRUST II SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • October 25th, 2023 • Virtus ETF Trust II • Delaware

Virtus ETF Trust II (the “Trust”) is an open-end investment company of the series type registered under the Investment Company Act of 1940 (the “Act”), and is subject to the rules and regulations promulgated thereunder. The shares of the Trust are offered or may be offered in several series of shares, including the Virtus Stone Harbor Emerging Markets High Yield Bond ETF (sometimes hereafter referred to as the “Fund”).

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AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT Virtus ETF Trust II
Expense Limitation Agreement • October 25th, 2023 • Virtus ETF Trust II

This Agreement is effective as of November 16, 2021, by and between Virtus ETF Trust II, a Delaware statutory trust (the “Trust”), on behalf of Virtus Newfleet High Yield Bond ETF f/k/a Virtus Newfleet Dynamic Credit ETF (the “Fund”), and VIRTUS ETF ADVISERS LLC, a Delaware limited liability company (the “Adviser”).

FORM OF VIRTUS ETF TRUST II AMENDMENT TO EXHIBIT A TO DISTRIBUTION AGREEMENT
Distribution Agreement • October 25th, 2023 • Virtus ETF Trust II

THIS AMENDMENT (the “Amendment”) dated as of the [__] day of [________], 2023, to Exhibit A to the Distribution Agreement, dated December 1, 2019 (the “Distribution Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and VP Distributors, LLC, a Delaware limited liability company with its principal place of business at One Financial Plaza, 26th Floor, Hartford, CT 06103 (the “Distributor”) ..

AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • October 25th, 2023 • Virtus ETF Trust II

This Amendment dated October 24, 2023 (“Effective Date”) is by and between VIRTUS ETF TRUST II (the “Trust”) and THE BANK OF NEW YORK MELLON (the “Bank”).

AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • October 25th, 2023 • Virtus ETF Trust II

This Amendment dated October 24, 2023 (“Effective Date”) is by and between VIRTUS ETF TRUST II (the “Trust”) and THE BANK OF NEW YORK MELLON (“BNYM”).

FORM OF VIRTUS ETF TRUST II AMENDMENT TO SCHEDULE A TO THE ADVISORY AGREEMENT
Advisory Agreement • October 25th, 2023 • Virtus ETF Trust II

THIS AMENDMENT (the “Amendment”) dated as of the [____] day of [__________], 2023, to Schedule A to the Advisory Agreement, dated as of January 4, 2016 (the “Advisory Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and VIRTUS ETF ADVISERS LLC, a Delaware limited liability company with its principal place of business at 31 West 52nd Street, 16th Floor, New York, NY 10019 (the “Adviser”).

AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • October 25th, 2023 • Virtus ETF Trust II

This Amendment (“Amendment”) dated October 24, 2023 (“Effective Date”) is by and between Virtus ETF Trust II (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).

AMENDMENT TO FOREIGN CUSTODY MANAGER AGREEMENT
Foreign Custody Manager Agreement • October 25th, 2023 • Virtus ETF Trust II

This Amendment (“Amendment”) dated October 24, 2023 (“Effective Date”) is by and between Virtus ETF Trust II (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).

FORM OF VIRTUS ETF TRUST II AMENDMENT TO Exhibits a and c to ADMINISTRATIVE SERVICES AGREEMENT
Administrative Services Agreement • October 25th, 2023 • Virtus ETF Trust II

THIS AMENDMENT (the “Amendment”) dated as of the [ ] day of [_________], 2023, to Exhibits A and C to the Administrative Services Agreement, dated as of November 10, 2015 (the “Administrative Services Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and VIRTUS ETF SOLUTIONS LLC, a Delaware limited liability company with its principal place of business at 31 West 52nd Street, 16th Floor, New York, NY 10019 (the “Administrator”) .

FORM OF FEE WAIVER AGREEMENT Virtus ETF Trust II
Fee Waiver Agreement • October 25th, 2023 • Virtus ETF Trust II

This Agreement is made by Virtus ETF Advisers LLC (the "Adviser"), investment adviser to the Virtus Newfleet Short Duration Core Plus Bond ETF (the "Fund"), a series of Virtus ETF Trust II (the "Trust"), effective as of [________], 2023.

FEE WAIVER AGREEMENT Virtus ETFis Trust II
Fee Waiver Agreement • October 25th, 2023 • Virtus ETF Trust II

This Agreement is made by Virtus ETF Advisers LLC (the "Adviser"), investment adviser to the Virtus Seix Senior Loan ETF (the "Fund"), a series of Virtus ETF Trust II (the "Trust"), effective as of September 1, 2022.

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