CUSTODY AGREEMENT By and Between THE BANK OF NEW YORK MELLON And VATS OFFSHORE FUND, LTD., AND OTHER VIRTUS ENTITIES LISTED ON SCHEDULE I HERETOCustody Agreement • October 7th, 2024 • Virtus ETF Trust II • New York
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 among THE BANK OF NEW YORK MELLON, a New York state chartered bank (“BNY Mellon”), and severally and not jointly each Cayman exempted company identified on Schedule I (as such exhibit may be amended from time to time), (each individually, a “Customer”). BNY Mellon and Customer are collectively referred to as the “Parties” and individually as a “Party”.
VATS OFFSHORE FUND, LTD. SUB-ADVISORY AGREEMENTSub-Advisory Agreement • October 7th, 2024 • Virtus ETF Trust II • Delaware
VATS Offshore Fund, Ltd. (the “Company”) is a Cayman Islands exempted company and a wholly-owned subsidiary of Virtus AlphaSimplex Managed Futures ETF (the “Fund”), a series of Virtus ETF Trust II (the “Trust”), an open-end investment company of the series type registered under the Investment Company Act of 1940 (the “Act”).
VIRTUS ETF TRUST II AMENDMENT TO SCHEDULE A TO THE ADVISORY AGREEMENTAdvisory Agreement • October 7th, 2024 • Virtus ETF Trust II
THIS AMENDMENT (the “Amendment”) effective as of the 7th day of October, 2024, to Schedule A to the Advisory Agreement, dated as of January 4, 2016 (the “Advisory Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and VIRTUS ETF ADVISERS LLC, a Delaware limited liability company with its principal place of business at 31 West 52nd Street, 16th Floor, New York, NY 10019 (the “Adviser”).
VIRTUS ETF TRUST II AMENDMENT TO EXHIBIT A TO DISTRIBUTION AGREEMENTDistribution Agreement • October 7th, 2024 • Virtus ETF Trust II
THIS AMENDMENT (the “Amendment”) dated as of the 7th day of October, 2024, to Exhibit A to the Distribution Agreement, dated December 1, 2019 (the “Distribution Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and VP Distributors, LLC, a Delaware limited liability company with its principal place of business at One Financial Plaza, 26th Floor, Hartford, CT 06103 (the “Distributor”) .
VIRTUS ETF TRUST II AMENDMENT TO Exhibits a and c to ADMINISTRATIVE SERVICES AGREEMENTAdministrative Services Agreement • October 7th, 2024 • Virtus ETF Trust II
THIS AMENDMENT (the “Amendment”) dated as of the 7th day of October, 2024, to Exhibits A and C to the Administrative Services Agreement, dated as of November 10, 2015 (the “Administrative Services Agreement”), is entered into by and between VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and VIRTUS ETF SOLUTIONS LLC, a Delaware limited liability company with its principal place of business at 31 West 52nd Street, 16th Floor, New York, NY 10019 (the “Administrator”) .
AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • October 7th, 2024 • Virtus ETF Trust II
This Amendment (“Amendment”) dated September 10, 2024 (“Effective Date”) is by and between Virtus ETF Trust II (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
AMENDMENT TO FOREIGN CUSTODY MANAGER AGREEMENTManager Agreement • October 7th, 2024 • Virtus ETF Trust II
This Amendment (“Amendment”) dated September 10, 2024 (“Effective Date”) is by and between Virtus ETF Trust II (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
ADMINISTRATIVE SERVICES AGREEMENTAdministrative Services Agreement • October 7th, 2024 • Virtus ETF Trust II • New York
This ADMINISTRATIVE SERVICES AGREEMENT is made and entered into as of this 10th day of April, 2024 by and between VATS OFFSHORE FUND, LTD. (the “Company”) and VIRTUS ETF SOLUTIONS LLC, a Delaware limited liability company (“Administrator”).
AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • October 7th, 2024 • Virtus ETF Trust II
This Amendment dated September 10, 2024 (“Effective Date”) is by and between VIRTUS ETF TRUST II (the “Trust”) and THE BANK OF NEW YORK MELLON (the “Bank”).
ADVISORY AGREEMENTAdvisory Agreement • October 7th, 2024 • Virtus ETF Trust II • Delaware
ADVISORY AGREEMENT made as of this 5th day of March, 2024, by and between VATS Offshore Fund, Ltd. (the “Company”), a Cayman Islands exempted company and a wholly-owned subsidiary of Virtus AlphaSimplex Managed Futures ETF (the “Fund”), a series of VIRTUS ETF TRUST II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC, a Delaware limited liability company with its principal place of business at 31 West 52nd Street, 16th Floor, New York, NY 10019 (the “Adviser”). The purpose of the Company is to facilitate the implementation of the Fund’s investment strategies.
AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT (Tailored Shareholder Reports)Administration and Accounting Agreement • October 7th, 2024 • Virtus ETF Trust II
This Amendment is an amendment to the Fund Administration and Accounting Agreement between The Bank of New York Mellon (“BNY”) and Virtus ETF Trust II (“Customer”) dated as of December 17, 2015, as amended from time to time (the “Agreement”).
VIRTUS ETF TRUST II SUB-ADVISORY AGREEMENTSub-Advisory Agreement • October 7th, 2024 • Virtus ETF Trust II • Delaware
Virtus ETF Trust II (the “Trust”) is an open-end investment company of the series type registered under the Investment Company Act of 1940 (the “Act”), and is subject to the rules and regulations promulgated thereunder. The shares of the Trust are offered or may be offered in several series of shares, including the Virtus KAR Mid-Cap ETF ETF (sometimes hereafter referred to as the “Fund”).
FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • October 7th, 2024 • Virtus ETF Trust II • New York
THIS AGREEMENT is made as of May 9, 2024, severally and not jointly by and among each Cayman exempted company identified on Exhibit A hereto (as such exhibit may be amended from time to time), (each, a “Fund”, and collectively the “Funds” as applicable) and The Bank of New York Mellon, a New York corporation authorized to do a banking business (“BNY Mellon”).
AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • October 7th, 2024 • Virtus ETF Trust II
This Amendment dated September 10, 2024 (“Effective Date”) is by and between VIRTUS ETF TRUST II (the “Trust”) and THE BANK OF NEW YORK MELLON (“BNYM”).
