INVESTMENT ADVISORY AGREEMENT BETWEEN INVESTMENT MANAGERS SERIES TRUST II AND Foothill capital management, LLCInvestment Advisory Agreement • June 8th, 2021 • Investment Managers Series Trust II • Delaware
THIS INVESTMENT ADVISORY AGREEMENT (the “Agreement”), dated as of ________, 2021, is entered into by and between Investment Managers Series Trust II, a Delaware statutory trust (the “Trust”), on behalf of its series listed in Appendix A, as amended from time to time (each a “Fund”), and Foothill Capital Management, LLC, a Limited Liability Corporation (the “Advisor”).
ETF DISTRIBUTION AGREEMENTDistribution Agreement • June 8th, 2021 • Investment Managers Series Trust II • Delaware
This Distribution Agreement (the “Agreement”) is made this __ day of _________ 2021, by and between Investment Managers Series Trust II, a Delaware statutory trust (the “Trust”) having its principal place of business at 235 W. Galena Street, Milwaukee, WI 53212, and IMST Distributors, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101.
CUSTODIAN AGREEMENTCustodian Agreement • June 8th, 2021 • Investment Managers Series Trust II • New York
THIS AGREEMENT, dated as of [____], 2021, between INVESTMENT MANAGERS SERIES TRUST II (the Fund, including its separate series listed on Exhibit A, the Portfolios), a Delaware statutory trust and an open-end management investment company registered with the Commission under the Investment Company Act of 1940 (the 1940 Act), and BROWN BROTHERS HARRIMAN & CO., a limited partnership formed under the laws of the State of New York (BBH&Co. or, the Custodian). For purposes of this Agreement, reference hereafter to the “Fund” shall mean the Fund and/or the respective Portfolio(s), as the context requires.
SUBSCRIPTION AGREEMENTSubscription Agreement • June 8th, 2021 • Investment Managers Series Trust II
THIS SUBSCRIPTION AGREEMENT is entered into as of the __ day of _______, 2021, between Investment Managers Series Trust II, a statutory trust organized and existing under the laws of Delaware (the “Trust”) on behalf of the Cannabis Growth ETF (the “Fund”), and ________________ (the “Purchaser”).
INVESTMENT MANAGERS SERIES TRUST II OPERATING EXPENSES LIMITATION AGREEMENTOperating Expenses Limitation Agreement • June 8th, 2021 • Investment Managers Series Trust II • Delaware
THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) is dated as of ______, 2021, by and between INVESTMENT MANAGERS SERIES TRUST II, a Delaware statutory trust (the “Trust”), on behalf of its series listed in Appendix A, as amended from time to time (each a “Fund”), and the investment advisor of the Fund, Foothill Capital Management, LLC (the “Advisor”).
FORM OF AUTHORIZED PARTICIPANT AGREEMENT INVESTMENT MANAGERS SERIES TRUST IIAuthorized Participant Agreement • June 8th, 2021 • Investment Managers Series Trust II • New York
This Authorized Participant Agreement (the “Agreement”) is entered into by and between IMST Distributors, LLC, LLC (the “Distributor”) and __________ (the “Participant”) and is subject to acceptance by Brown Brothers Harriman & Co. (the “Transfer Agent/Index Receipt Agent”), and is further subject to acknowledgement and agreement by Investment Managers Series Trust II (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 12(c) herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time, and included in the Trust’s Registration Statement on Form N-1A, as it may be amended from time to time, or otherwise filed with the U.S. Securities and Exchange Commission (“SEC”) (together with such Fund’s Statement of Additional Information incorporated therein, the “Prospectus”).
