0001582816-15-000383 Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT is made and entered into as of this 22nd day of October, 2015, by and between PENN Capital Funds Trust, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

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FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT is made and entered into as of this 22nd day of October, 2015, by and between PENN Capital Funds Trust, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of PENN CAPITAL FUNDS TRUST a Delaware Statutory Trust (Original Agreement and Declaration of Trust was adopted August 29, 2014; Amended and Restated Agreement and Declaration of Trust was...
Agreement and Declaration of Trust • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT AND DECLARATION OF TRUST is made as of this 21st day of October, 2015, by the Trustees hereunder and by the holders of Shares to be issued by PENN Capital Funds Trust (the “Trust”) hereunder, and (i) incorporates herein and makes a part of this Amended and Restated Agreement and Declaration of Trust the resolutions of the Board of Trustees of the Trust adopted prior to the date set forth above, pursuant to the provisions of the original Agreement and Declaration of Trust dated August 29, 2014 (the “Original Declaration of Trust”), regarding the establishment and designation of Series and/or Classes of the Shares of the Trust, and any amendments or modifications to such resolutions adopted through the date hereof, as of the date of the adoption of each such resolution, and (ii) amends and restates the Original Declaration of Trust pursuant to Article IX, Section 1, of such Original Declaration of Trust, as hereinafter provided.

DISTRIBUTION AGREEMENT
Distribution Agreement • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT is made and entered into as of this 22nd day of October, 2015 by and between PENN Capital Funds Trust, a Delaware statutory trust (the “Client”) and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”).

TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT is made and entered into as of this 22nd day of October, 2015, by and between PENN Capital Funds Trust, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT is made and entered into as of this 22nd day of October, 2015, by and between PENN Capital Funds Trust, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

PURCHASE AGREEMENT
Purchase Agreement • November 18th, 2015 • PENN Capital Funds Trust

PENN Capital Funds Trust (the “Trust”), a Delaware statutory trust, and PENN Capital Management Company, Inc. (the “Adviser”), a Delaware corporation, hereby agree as follows:

Contract
Investment Advisory Agreement • November 18th, 2015 • PENN Capital Funds Trust
FUND CCO AGREEMENT
Cco Agreement • November 18th, 2015 • PENN Capital Funds Trust • Delaware

AGREEMENT made as of January 14, 2015 by and between PENN Capital Funds Trust, a Delaware statutory trust, with its principal office and place of business at Navy Yard Corporate Center, 3 Crescent Drive, Suite 400, Philadelphia, Pennsylvania 19112 (the “Fund Company”), and Foreside Compliance Services, LLC, a Delaware limited liability company, with its principal office and place of business at Three Canal Plaza, Portland, Maine 04101 (“Foreside”).

PENN Capital Funds Trust Expense Limitation Agreement
Expense Limitation Agreement • November 18th, 2015 • PENN Capital Funds Trust

THIS AGREEMENT is made by and between PENN Capital Funds Trust, a Delaware statutory trust (the “Trust”), on behalf of the funds listed on Schedule A hereto (each, a “Fund” and collectively, the “Funds”), and PENN Capital Management Company, Inc., a Delaware corporation (the “Adviser”).

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