FORM OF INVESTMENT MANAGEMENT AGREEMENTInvestment Management Agreement • April 20th, 2016 • Exchange Traded Concepts Trust • Delaware
This INVESTMENT MANAGEMENT AGREEMENT (together with any schedules, exhibits or other attachments hereto, and as it may be amended, restated or otherwise modified from time to time, this "Agreement"), is made and entered into as of [ ], 2016 by and between the portfolios set forth in Schedule A hereto (each, a “Portfolio” and collectively, the “Portfolios”), each a Cayman Islands exempted company, and Exchange Traded Concepts, LLC, an Oklahoma limited liability company (the "Adviser"). Capitalized terms not otherwise defined herein have the meanings specified in the Memorandum and Articles of Association of each Portfolio (as amended, restated or otherwise modified from time to time, the "Articles").
FORM OF SUB-ADVISORY AGREEMENTForm of Sub-Advisory Agreement • April 20th, 2016 • Exchange Traded Concepts Trust • Delaware
This SUB-ADVISORY AGREEMENT (together with any schedules, exhibits or other attachments hereto, and as it may be amended, restated or otherwise modified from time to time, this "Agreement"), is made and entered into as of [ ], 2016 by and between Exchange Traded Concepts, LLC, an Oklahoma limited liability company (the “Adviser”) and Vident Investment Advisory, LLC, a Delaware limited liability company (the “Sub-Adviser”), with respect to each portfolio listed on Schedule A to this Agreement (each, a “Portfolio”). Capitalized terms not otherwise defined herein have the meanings specified in the Memorandum and Articles of Association of each Portfolio (as amended, restated or otherwise modified from time to time, the “Articles”).
FORM OF AMENDMENT NO. 9 TO AMENDED AND RESTATED DISTRIBUTION AGREEMENTDistribution Agreement • April 20th, 2016 • Exchange Traded Concepts Trust • Delaware
THIS AMENDMENT TO THE AMENDED AND RESTATED DISTRIBUTION AGREEMENT (this “Amendment”), effective as of the 8th day of December, 2015 (the "Amendment Effective Date") is entered into by and between Exchange Traded Concepts Trust (the “Trust”), and SEI Investments Distribution Co. (“Distributor”).
FEE WAIVER AGREEMENTFee Waiver Agreement • April 20th, 2016 • Exchange Traded Concepts Trust • Delaware
Reference is made to the investment advisory agreement by and between Exchange Traded Concepts Trust, on behalf of each fund listed on Schedule A hereto (each, a “Fund” and together, the “Funds”), and Exchange Traded Concepts, LLC (the “Adviser”), dated May 26, 2015 (as further amended, restated, or otherwise modified from time to time, the “Advisory Agreement”). Pursuant to the Advisory Agreement, each Fund pays an investment advisory fee to the Adviser as specified in such agreement (the “Fund Management Fee”).
NEW FUND ADDENDUM DATED MARCH 28, 2016 TO AMENDED AND RESTATED ADMINISTRATION AGREEMENT DATED AS OF NOVEMBER 10, 2011 BETWEEN EXCHANGE TRADED CONCEPTS TRUST ON BEHALF OF THE REX SHARES, LLC SERIES COMPLEX AND SEI INVESTMENTS GLOBAL FUNDS SERVICESForm Of • April 20th, 2016 • Exchange Traded Concepts Trust
Relationshipto Agreement: Excepted as specifically set forth herein, defined terms used in this New Fund Addendum shall have the meaning set forth in the Agreement. Upon executing this New Fund Addendum, the Funds in the Series Complex shall be included in the terms and conditions of the Agreement as if the same had been an original party thereto. In the event of a conflict between the terms set forth in this New Fund Addendum and any terms set forth in the Agreement, the terms set forth in this New Fund Addendum shall govern, but solely with respect to the Series Complex described herein.
