CUSTODY AGREEMENTCustody Agreement • April 12th, 2013 • Forum ETF Trust • New York
AGREEMENT, dated as of November 14, 2012 between Forum ETF Trust, a Delaware statutory trust, having its principal office and place of business at 3 Canal Plaza, Suite #600, Portland, Maine 04101 (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 One Wall Street, New York, New York 10286 (“Custodian”).
FORUM ETF TRUST DISTRIBUTION AGREEMENTDistribution Agreement • April 12th, 2013 • Forum ETF Trust • Delaware
This Distribution Agreement (the “Agreement”) is made this 20th day of September, 2012, by and between Forum ETF Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at Three Canal Plaza, Suite 600, Portland, ME 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.
FORUM ETF TRUST AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • April 12th, 2013 • Forum ETF Trust • Delaware
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 Bank of New York Mellon (the “Index Receipt Agent”) as index receipt agent for Forum ETF Trust (the “Trust”).
FORUM ETF TRUST INVESTMENT ADVISORY AGREEMENTForum Etf Trust • April 12th, 2013 • Forum ETF Trust • New York
AGREEMENT made as of [DATE], 2013, by and between Forum ETF Trust, a Delaware statutory trust, with its principal office and place of business at Three Canal Plaza, Suite 600, Portland, Maine 04101 (the “Trust”), and Merk Investments LLC, a California limited liability company, with its principal office and place of business at 2672 Bayshore Parkway, Suite 1001, Mountainview, California 94043 (the “Adviser”) and, solely for purposes of Section 6(e) hereof, Forum Investment Advisors, LLC, a Delaware limited liability company, with its principal office and place of business at Three Canal Plaza, Suite 600, Portland, Maine 04101 (the “Investment Manager”).
FORUM ETF TRUST COMPLIANCE AGREEMENTForum Etf Trust • April 12th, 2013 • Forum ETF Trust • New York
AGREEMENT made as of [DATE], by and between Forum Investment Advisors, LLC, a Delaware limited liability company, with its principal office and place of business at Three Canal Plaza, Portland, Maine 04101 (the “Investment Manager”) and Merk Investments LLC, a California limited liability company, with its principal office and place of business at 2672 Bayshore Parkway, Suite 1001, Mountainview, California 94043 (the “Adviser”).
TRANSFER AGENCY AND SERVICE AGREEMENTAuthorized Participant Agreement • April 12th, 2013 • Forum ETF Trust • Delaware
AGREEMENT made as of November 14, 2012, by and between Forum ETF Trust, a Delaware statutory trust, having its principal office and place of business at 3 Canal Plaza, Suite #600, Portland, Maine 04101 (the “Trust”) and The Bank of New York Mellon, a New York banking corporation having its principal office and place of business at One Wall Street, New York, New York 10286 (the “Bank”).
SERVICES AGREEMENTServices Agreement • April 12th, 2013 • Forum ETF Trust • New York
AGREEMENT made as of December 13, 2012, by and between Forum ETF Trust, a Delaware statutory trust, with its principal office and place of business at Three Canal Plaza, Portland, Maine 04101 (the “Fund”), and Atlantic Fund Administration, LLC, a Delaware limited liability company, with its principal office and place of business at Three Canal Plaza, Portland, Maine 04101 (“Atlantic”).
SUBADMINISTRATION SERVICES AGREEMENTSubadministration Services Agreement • April 12th, 2013 • Forum ETF Trust • New York
AGREEMENT made as of November 5, 2012, by and between Atlantic Fund Administration, LLC, a Delaware limited liability company, with its principal office and place of business at Three Canal Plaza, Portland, Maine 04101 (“Atlantic”) and The Bank of New York Mellon, a New York banking organization (“BNYM”).
FORUM ETF TRUST INVESTMENT MANAGEMENT AGREEMENTInvestment Management Agreement • April 12th, 2013 • Forum ETF Trust • New York
AGREEMENT made as of [DATE], by and between Forum ETF Trust, a Delaware statutory trust, with its principal office and place of business at Three Canal Plaza, Suite 600, Portland, Maine 04101 (the “Trust”), and Forum Investment Advisors, LLC, a Delaware limited liability company, with its principal office and place of business at Three Canal Plaza, Portland, Maine 04101 (the “Investment Manager”).
FOREIGN CUSTODY MANAGER AGREEMENTForeign Custody Manager Agreement • April 12th, 2013 • Forum ETF Trust • New York
AGREEMENT made as of November 14, 2012 by and between Forum ETF Trust (the “Fund”) on behalf of each of its various portfolios listed on Schedule A attached hereto (each a “Series”) and The Bank of New York Mellon (“BNY”).
