0001398344-24-013307 Sample Contracts

FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • July 30th, 2024 • 2023 ETF Series Trust • New York

THIS AGREEMENT is made as of July 27th, 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”).

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ETF DISTRIBUTION AGREEMENT
Etf Distribution Agreement • July 30th, 2024 • 2023 ETF Series Trust • Delaware

This distribution agreement (the “Agreement”) is effective this 1st day of August 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.

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • July 30th, 2024 • 2023 ETF Series Trust • Delaware

THIS INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made as of this 14th 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 Eagle Capital Management, LLC (the “Adviser”), a limited liability company organized under the laws of the State of New Jersey, with the Adviser’s principal place of business at 499 Park Avenue, New York, NY 10022.

FOREIGN CUSTODY MANAGER AGREEMENT
Foreign Custody Manager Agreement • July 30th, 2024 • 2023 ETF Series Trust

AGREEMENT made as of July 28, 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”).

TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • July 30th, 2024 • 2023 ETF Series Trust

THIS AGREEMENT is made as of the 27th 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”).

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