ETF DISTRIBUTION AGREEMENTDistribution Agreement • August 21st, 2023 • 2023 ETF Series Trust • Delaware
This distribution agreement (the “Agreement”) is effective this __ day of _________ 2023, and made by The 2023 ETF Series Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, Maine 04101 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.
TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • August 21st, 2023 • 2023 ETF Series Trust
THIS AGREEMENT is made as of the ______ day of July, 2023, by and between The 2023 ETF Series Trust (the “Trust”) and THE BANK OF NEW YORK MELLON, a New York corporation authorized to do a banking business having its principal office and place of business at 240 Greenwich Street, New York, New York 10286 (the “Bank”).
investment ADVISORY AGREEMENTInvestment Advisory Agreement • August 21st, 2023 • 2023 ETF Series Trust • Delaware
THIS INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made as of this 4th day of August, 2023, by and between The 2023 ETF Series Trust (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Brandes Investment Partners, L.P. (the “Adviser”), a Delaware limited partnership organized under the laws of Delaware, with the Adviser’s principal place of business at 4275 Executive Square, 5th Floor, La Jolla, CA 92037.
FORM OF AUTHORIZED PARTICIPANT AGREEMENT The 2023 ETF SERIES TRUSTAuthorized Participant Agreement • August 21st, 2023 • 2023 ETF Series Trust
This Authorized Participant Agreement (the “Agreement”) is entered into by and between Foreside Fund Services, LLC (the “Distributor”) and __________ (the “Participant”) and is subject to acceptance by [ ] (the “[Transfer Agent/Index Receipt Agent]”), and is further subject to acknowledgement and agreement by The 2023 ETF Series Trust (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”).
CUSTODY AGREEMENT By and Between THE BANK OF NEW YORK MELLON And THE 2023 ETF SERIES TRUSTCustody Agreement • August 21st, 2023 • 2023 ETF Series Trust
This Custody Agreement is made and entered into as of the latest date set forth on the signature page hereto (the “Effective Date”) by and between THE BANK OF NEW YORK MELLON, a New York state chartered bank (“BNY Mellon”), and THE 2023 ETF SERIES TRUST, a Delaware statutory trust (“Customer”). BNY Mellon and Customer are collectively referred to as the “Parties” and individually as a “Party”.
FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • August 21st, 2023 • 2023 ETF Series Trust • New York
THIS AGREEMENT is made as of July______, 2023 by and between The 2023 ETF Series Trust (the “Trust”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business (“BNY Mellon”).
AMENDED AND RESTATED BOARD SUPPORT SERVICES AGREEMENT The 2023 etf series trustBoard Support Services Agreement • August 21st, 2023 • 2023 ETF Series Trust
FOREIGN CUSTODY MANAGER AGREEMENTForeign Custody Manager Agreement • August 21st, 2023 • 2023 ETF Series Trust
AGREEMENT made as of _________________, 2023 by and between The 2023 ETF Series Trust (the “Trust”), on behalf of each series listed on Annex I attached hereto (each, a “Fund” and collectively, the “Funds”) and The Bank of New York Mellon (“BNY”).
FUND PEO, SECRETARY, PFO/TREASURER CCO and AMLO AGREEMENTCco and Amlo Agreement • August 21st, 2023 • 2023 ETF Series Trust
AGREEMENT made as of March 2, 2023 by and between The 2023 ETF Series Trust, a Delaware statutory trust, with its principal office and place of business at 200 West St, New York, New York 10282 (the “Fund Company”), and Foreside Fund Officer Services, LLC, a Delaware limited liability company, with its principal office and place of business at Three Canal Plaza, Portland, Maine 04101 (“Foreside”).
