INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • June 15th, 2021 • F/M Funds Trust • Ohio
THIS INVESTMENT ADVISORY AGREEMENT (this “Agreement”) is made as of _______, 2021, by and between F/m Funds Trust, an Ohio business trust (the “Trust”) registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and F/m Investments LLC, a Delaware limited liability company (the “Adviser”).
DISTRIBUTION AGREEMENTDistribution Agreement • June 15th, 2021 • F/M Funds Trust • Ohio
This Agreement made as of December 29, 2020 by and among F/m Funds Trust (the “Trust”), an Ohio business trust, Oakhurst Capital Management, LLC, a Delaware limited liability company ("Adviser"), and Ultimus Fund Distributors, LLC, an Ohio limited liability company (“Distributor”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • June 15th, 2021 • F/M Funds Trust • Ohio
THIS AGREEMENT made as of the 29th day of December, 2020 by and between Oakhurst Capital Management, LLC (the “Investment Adviser”), a Delaware limited liability company, and F/m Funds Trust (the “Trust”), an Ohio business trust.
SUB-ADVISORY AGREEMENT AMONG OAKHURST CAPITAL MANAGEMENT, LLC, F/M INVESTMENTS, LLC AND F/M FUNDS TRUSTSub-Advisory Agreement • June 15th, 2021 • F/M Funds Trust • Delaware
THIS SUB-ADVISORY AGREEMENT (the “Agreement”), dated as of December 29, 2020, is entered into by and among Oakhurst Capital Management, LLC, a Delaware limited liability company, with its principal office and place of business at 1875 Century Park East, Suite 960, Los Angeles, CA 90067 (the “Adviser”), F/m Investments, LLC, doing business as Oakhurst Capital Advisors, a Delaware limited liability company, with its principal office and place of business at 3050 K Street NW, Suite W-170, Washington, DC 20007 (the “Sub-Adviser”) and F/m Funds Trust, an Ohio business trust, with its principal office at 225 Pictoria Drive, Suite 450, Cincinnati, OH 45246 (the “Trust”).
EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • June 15th, 2021 • F/M Funds Trust
This Expense Limitation Agreement is made by and between F/m Investments, LLC (the “Adviser”) and F/m Funds Trust (the “Trust”) (this “Agreement”), on behalf of the series of the Trust set forth in the set of schedules to this Agreement identified as “Schedule A” and then numerically designated (e.g., Schedule A-1) attached hereto (each a “Fund,” and collectively, the “Funds”) as of the “Effective Date” noted on Schedule A with respect to each Fund.
SELLING AGREEMENTSelling Agreement • June 15th, 2021 • F/M Funds Trust • Nebraska
Ultimus Fund Distributors, LLC (the “Distributor”) serves as the principal underwriter of one or more trusts (each a “Trust” and collectively, the “Trusts”)1, each of which is an open-end investment company, shares of which are distributed by Distributor at their respective net asset values plus sales charges as applicable, pursuant to a written agreement (the “Distribution Agreement”). Distributor invites you (the “Company”) to participate as a non-exclusive agent in the distribution of shares of any and all of the funds subject to the Distribution Agreement, that are a part of, or may become a part of, any of the Trust(s) (each, a “Fund,” together the “Funds”)2 upon the following terms and conditions:
EXPENSE LIMITATION AGREEMENT OAKHURST CAPITAL MANAGEMENT, LLC 1875 Century Park East, Suite 960 Los Angeles, California 90067Expense Limitation Agreement • June 15th, 2021 • F/M Funds Trust • Ohio
AMENDMENT NO. 2 to TRANSFER AGENT AND SHAREHOLER SERVICES Agreement Between THE FIRST WESTERN FUNDS Trust and Ultimus Fund Solutions, LLCAgreement • June 15th, 2021 • F/M Funds Trust
This Amendment No. 2 amends and revises the Transfer Agent and Shareholder Services Agreement, dated August 16, 2012, as amended July 1, 2018 (collectively, the “Agreement”), between The First Western Funds Trust (the “Trust”), an Ohio business trust and Ultimus Fund Solutions, LLC (“Ultimus”), an Ohio limited liability company (collectively the “Parties”). Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is a conflict between this Amendment and the Agreement, the terms of this Amendment will prevail.
THIRD AMENDMENT to ADMINISTRATION Agreement Between THE FIRST WESTERN FUNDS Trust and Ultimus Fund Solutions, LLCAdministration Agreement • June 15th, 2021 • F/M Funds Trust
This Third Amendment amends and revises the Administration Agreement, dated August 16, 2012, as amended July 1, 2018 and April 16, 2019 (collectively, the “Agreement”),between The First Western Funds Trust (the “Trust”), an Ohio business trust and Ultimus Fund Solutions, LLC (“Ultimus”), an Ohio limited liability company (collectively the “Parties”). Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is a conflict between this Amendment and the Agreement, the terms of this Amendment will prevail.
THIRD AMENDMENT to FUND ACCOUNTING Agreement Between THE FIRST WESTERN FUNDS Trust and Ultimus Fund Solutions, LLCFund Accounting Agreement • June 15th, 2021 • F/M Funds Trust
This Third Amendment amends and revises the Fund Accounting Agreement, dated August 16, 2012, as amended July 1, 2018 (collectively, the “Agreement”),between The First Western Funds Trust (the “Trust”), an Ohio business trust and Ultimus Fund Solutions, LLC (“Ultimus”), an Ohio limited liability company (collectively the “Parties”). Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is a conflict between this Amendment and the Agreement, the terms of this Amendment will prevail.
