Operating Expense Limitation Agreement Sample Contracts

SARATOGA ADVANTAGE TRUST OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • December 1st, 2016 • Saratoga Advantage Trust • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 10th day of November 2016, by and between Saratoga Advantage Trust, (the “Trust”), on behalf of the James Alpha Equity Hedge Portfolio, a series of the Trust (the “Fund”), and James Alpha Advisors, LLC, the investment adviser to the Fund (the “Manager”).

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Standard Contracts

UNIFIED SERIES TRUST AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT fisher investments institutional group U.S. LARGE CAP EQUITY ENVIRONMENTAL AND SOCIAL VALUES fund
Operating Expense Limitation Agreement • December 28th, 2023 • Unified Series Trust • Ohio

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 29th day of December, 2023, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Fisher Asset Management, LLC (the “Adviser”), and amends and restates the Operating Expense Limitation Agreement dated October 16, 2019, as amended December 29, 2021 and December 29, 2022, between the Trust and the Adviser.

UNIFIED SERIES TRUST OPERATING EXPENSE LIMITATION AGREEMENT APPLESEED FUND
Operating Expense Limitation Agreement • January 26th, 2018 • Unified Series Trust • Ohio

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 1st day of February, 2018, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Pekin Singer Strauss Asset Management, Inc. (the “Adviser”).

UNIFIED SERIES TRUST OPERATING EXPENSE LIMITATION AGREEMENT BALLAST SMALL/MID CAP ETF
Operating Expense Limitation Agreement • November 20th, 2020 • Unified Series Trust • Ohio

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 18th day of November, 2020, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Ballast Asset Management, LP (the “Adviser”).

UNIFIED SERIES TRUST OPERATING EXPENSE LIMITATION AGREEMENT OneAscent Small Cap Core ETF
Operating Expense Limitation Agreement • May 29th, 2024 • Unified Series Trust • Ohio

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 30th day of May, 2024, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, OneAscent Investment Solutions, LLC (the “Adviser”).

TRUST FOR PROFESSIONAL MANAGERS OPERATING EXPENSE LIMITATION AGREEMENT with TERRA FIRMA ASSET MANAGEMENT, LLC
Operating Expense Limitation Agreement • May 21st, 2020 • Trust for Professional Managers • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made as of the 23rd day of April, 2020, by and between Trust for Professional Managers (the “Trust”), a Delaware statutory trust, on behalf of each series of the Trust listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment adviser to the Fund, Terra Firma Asset Management, LLC (the “Adviser”), a California limited liability company.

APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF Trust
Operating Expense Limitation Agreement • September 25th, 2024 • Direxion Shares ETF Trust

Rafferty Asset Management, LLC has contractually agreed to cap all or a portion of its management fee and/or reimburse each Fund for Other Expenses through September 1, 2026, to the extent that a Fund’s Total Annual Fund Operating Expenses exceeds a Fund’s daily net assets as listed below.

SARATOGA ADVANTAGE TRUST OPERATING EXPENSE LIMITATION AGREEMENT FOR CLASS A, I, C SHARES
Operating Expense Limitation Agreement • August 13th, 2018 • Saratoga Advantage Trust • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT FOR CLASS A, I, AND C SHARES (the “Agreement”) is effective as of the 25th day of June, 2018, by and between Saratoga Advantage Trust, (the “Trust”), on behalf of the James Alpha Structured Credit Value Portfolio, a series of the Trust (the “Fund”), and James Alpha Advisors, LLC, the investment adviser to the Fund (the “Manager”).

UNIFIED SERIES TRUST OPERATING EXPENSE LIMITATION AGREEMENT Standpoint multi- asset fund
Operating Expense Limitation Agreement • February 26th, 2021 • Unified Series Trust • Ohio

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 18th day of October, 2019, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Standpoint Asset Management, LLC (the “Adviser”).

ANGEL OAK FUNDS TRUST AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • January 22nd, 2024 • Angel Oak Funds Trust • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT, dated as of October 6, 2022, as amended and restated March 30, 2023 and December 6, 2023, is made and entered into by and between the Angel Oak Funds Trust, a Delaware statutory trust (the “Trust”), on behalf of each series of the Trust set forth on Schedule A attached hereto, which may be amended from time to time (the “Funds”), and Angel Oak Capital Advisors, LLC (the “Adviser”).

ANGEL OAK FUNDS TRUST OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • May 28th, 2021 • Angel Oak Funds Trust • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT, dated as of March 23, 2021, is made and entered into by and between the Angel Oak Funds Trust, a Delaware statutory trust (the “Trust”), on behalf of each series of the Trust set forth on Schedule A attached hereto, which may be amended from time to time (the “Funds”), and Angel Oak Capital Advisors, LLC (the “Adviser”).

JAMES ALPHA FUNDS TRUST d/b/a EASTERLY FUNDS TRUST OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • December 29th, 2023 • James Alpha Funds Trust • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is by and between James Alpha Funds Trust d/b/a Easterly Funds Trust (the “Trust”), on behalf of each series of the Trust listed on Appendix A to this Agreement (each, a “Fund,” and together, the “Funds”), and Easterly Funds LLC, the investment adviser to the Funds (the “Manager”), effective with respect to each Fund and/or class of shares of a Fund as of the Effective Date listed in Appendix A.

UNIFIED SERIES TRUST AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT fisher investments institutional group U.S. LARGE CAP EQUITY ENVIRONMENTAL AND SOCIAL VALUES fund
Operating Expense Limitation Agreement • December 27th, 2024 • Unified Series Trust • Ohio

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 29th day of December, 2024, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Fisher Asset Management, LLC (the “Adviser”), and amends and restates the Operating Expense Limitation Agreement dated October 16, 2019, as amended December 29, 2021, December 29, 2022, and December 29, 2023, between the Trust and the Adviser.

TRUST FOR PROFESSIONAL MANAGERS OPERATING EXPENSE LIMITATION AGREEMENT SMEAD VALUE FUND
Operating Expense Limitation Agreement • December 19th, 2007 • Trust for Professional Managers • Wisconsin

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 24th day of October, 2007, by and between Trust for Professional Managers, (the “Trust”), on behalf of the Smead Value Fund (the “Fund”), a series of the Trust, and Smead Capital Management, Inc., the investment adviser to the Fund (the “Adviser”).

MANAGER DIRECTED PORTFOLIOS OPERATING EXPENSE LIMITATION AGREEMENT with ARGENT CAPITAL MANAGEMENT LLC
Operating Expense Limitation Agreement • September 26th, 2018 • Manager Directed Portfolios • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made as of the September 28, 2018 by and between Manager Directed Portfolios (the “Trust”), a Delaware statutory trust, on behalf of the series of the Trust listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment adviser to the Fund, Argent Capital Management LLC (the “Adviser”), a Missouri limited liability company.

HOTCHKIS AND WILEY FUNDS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • August 29th, 2023 • Hotchkis & Wiley Funds /De/ • Delaware

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 29th day of August, 2023 by and between HOTCHKIS AND WILEY FUNDS, a Delaware statutory trust (the “Trust”), on behalf of its series listed in Appendix A below (each, a “Fund” and collectively, the “Funds”), and HOTCHKIS AND WILEY CAPITAL MANAGEMENT, LLC, a Delaware limited liability company (the “Advisor”). The Funds and the Advisor previously entered into similar Operating Expense Limitation Agreements with respect to the Funds (the “Prior Agreement”), and now desire to amend and restate the Prior Agreements. For avoidance of doubt, this Agreement supersedes and replaces the Prior Agreements.

JAMES ALPHA FUNDS TRUST d/b/a EASTERLY FUNDS TRUST OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • August 29th, 2024 • James Alpha Funds Trust • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is by and between James Alpha Funds Trust d/b/a Easterly Funds Trust (the “Trust”), on behalf of each series of the Trust listed on Appendix A to this Agreement (each, a “Fund,” and together, the “Funds”), and Easterly Investment Partners, LLC, the investment adviser to the Funds (the “Manager”), effective with respect to each Fund and/or class of shares of a Fund as of the Effective Date listed in Appendix A.

SARATOGA ADVANTAGE TRUST OPERATING EXPENSE LIMITATION AGREEMENT JAMES ALPHA GLOBAL ENHANCED REAL RETURN PORTFOLIO
Operating Expense Limitation Agreement • December 28th, 2012 • Saratoga Advantage Trust • New York

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 31st day of December, 2012, by and between Saratoga Advantage Trust, (the “Trust”), on behalf of the James Alpha Global Enhanced Real Return Portfolio, a series of the Trust (the “Fund”), and Armored Wolf, LLC, the investment adviser to the Fund (the “Adviser”).

HOTCHKIS AND WILEY FUNDS OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • December 18th, 2023 • Hotchkis & Wiley Funds /De/ • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 12th day of December, 2023 by and between HOTCHKIS AND WILEY FUNDS, a Delaware statutory trust (the “Trust”), on behalf of its series listed in Appendix A below (the, “Fund”), and HOTCHKIS AND WILEY CAPITAL MANAGEMENT, LLC, a Delaware limited liability company (the “Advisor”).

TEXAS CAPITAL FUNDS TRUST OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • April 29th, 2024 • Texas Capital Funds Trust • Texas

THIS OPERATING EXPENSE LIMITATION AGREEMENT, dated as of April 26, 2024, is made and entered into by and between the Texas Capital Funds Trust, a Delaware statutory trust (the “Trust”), on behalf of each series of the Trust set forth on Schedule A attached hereto, which may be amended from time to time (the “Funds”), and Texas Capital Bank Wealth Management Services, Inc., doing business as Texas Capital Bank Private Wealth Advisors (the “Adviser”).

ANGEL OAK FINANCIAL STRATEGIES INCOME TERM TRUST OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • January 29th, 2021 • Angel Oak Financial Strategies Income Term Trust • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT, dated as of April 27, 2020, is made and entered into by and between the Angel Oak Financial Strategies Income Term Trust, a Delaware statutory trust (the “Trust” or the “Fund”), and Angel Oak Capital Advisors, LLC (the “Adviser”).

TRUST FOR PROFESSIONAL MANAGERS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT with M.D. SASS, LLC
Operating Expense Limitation Agreement • September 25th, 2017 • Trust for Professional Managers • Delaware

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made effective as of the 28th day of September, 2017, by and between Trust for Professional Managers (the “Trust”), a Delaware statutory trust, on behalf of the series of the Trust listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment adviser to the Fund, M.D. Sass, LLC (the “Adviser”), a Delaware limited liability company.

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APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF Trust
Operating Expense Limitation Agreement • September 13th, 2019 • Direxion Shares ETF Trust

Rafferty Asset Management, LLC has contractually agreed to cap all or a portion of its management fee and/or reimburse each Fund for Other Expenses through September 1, 2021, to the extent that a Fund’s Total Annual Fund Operating Expenses exceeds a Fund’s daily net assets as listed below.

TRUST FOR PROFESSIONAL MANAGERS OPERATING EXPENSE LIMITATION AGREEMENT with SAMSON CAPITAL ADVISORS LLC
Operating Expense Limitation Agreement • December 15th, 2015 • Trust for Professional Managers • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made as of the 30th day of October, 2015, by and between Trust for Professional Managers (the “Trust”), a Delaware statutory trust, on behalf of the series of the Trust listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment adviser to the Fund, Samson Capital Advisors LLC (the “Adviser”), a New York limited liability company.

TRUST FOR PROFESSIONAL MANAGERS OPERATING EXPENSE LIMITATION AGREEMENT with PEOPLE’S SECURITIES, INC. DOING BUSINESS AS GERSTEIN FISHER
Operating Expense Limitation Agreement • March 21st, 2017 • Trust for Professional Managers • Wisconsin

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made as of the 2nd day of November, 2016, by and between Trust for Professional Managers (the “Trust”), on behalf of the series of the Trust as listed in Appendix A attached hereto, as may be amended from time to time, (each a “Fund,” and collectively, the “Funds”), and People’s Securities, Inc. doing business as Gerstein Fisher, the investment adviser to the Funds (the “Adviser”).

OPERATING EXPENSE LIMITATION AGREEMENT CHANNEL SHORT DURATION INCOME FUND
Operating Expense Limitation Agreement • January 27th, 2021 • Unified Series Trust • Ohio

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 1st day of October, 2020, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Channel Investment Partners LLC (the “Adviser”).

HEARTLAND GROUP, INC. AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT with HEARTLAND ADVISORS, INC.
Operating Expense Limitation Agreement • April 28th, 2023 • Heartland Group Inc • Wisconsin

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is entered into effective March 9, 2023 (the “Effective Date”), by and between Heartland Group, Inc. (the “Fund Company”), a Maryland corporation, on behalf of the series of the Fund Company listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment advisor to the Fund, Heartland Advisors, Inc. (the “Advisor”), a Wisconsin corporation.

AXONIC ALTERNATIVE INCOME FUND AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • August 24th, 2023 • Axonic Alternative Income Fund • Delaware

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT, dated as of August 9, 2023, is made and entered into by and between the Axonic Alternative Income Fund, a Delaware statutory trust (the “Trust” or the “Fund”), and Axonic Capital LLC (the “Adviser”).

TRUST FOR PROFESSIONAL MANAGERS OPERATING EXPENSE LIMITATION AGREEMENT with BARRETT ASSET MANAGEMENT, LLC
Operating Expense Limitation Agreement • June 20th, 2023 • Trust for Professional Managers • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the August 12, 2021 by and between Trust for Professional Managers (the “Trust”), on behalf of the series of the Trust as listed in Schedule A attached hereto, which may be amended from time to time (the “Fund), and Barrett Asset Management, LLC, the investment adviser to the Fund (the “Adviser”).

UNIFIED SERIES TRUST AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT ABSOLUTE FUNDS
Operating Expense Limitation Agreement • September 15th, 2023 • Unified Series Trust • Ohio

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 9th day of September, 2023, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Absolute Investment Advisers LLC (the “Adviser”).

HEARTLAND GROUP, INC. OPERATING EXPENSE LIMITATION AGREEMENT with HEARTLAND ADVISORS, INC.
Operating Expense Limitation Agreement • January 28th, 2014 • Heartland Group Inc • Wisconsin

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made as of the 16 day of May, 2013, by and between Heartland Group, Inc. (the “Fund Company”), a Maryland Corporation, on behalf of the series of the Fund Company listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment advisor to the Fund, Heartland Advisors, Inc. (the “Advisor”), a Wisconsin corporation.

SECOND AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • December 21st, 2020 • AlphaMark Investment Trust • Ohio

THIS SECOND AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 1st day of August, 2020, by and between AlphaMark Investment Trust, an Ohio business trust (the “Trust”), on behalf of the AlphaMark Fund (the “Fund”) and Alphamark Advisors, LLC, the investment adviser of the Fund (the “Advisor”).

SARATOGA ADVANTAGE TRUST OPERATING EXPENSE LIMITATION AGREEMENT JAMES ALPHA GLOBAL REAL ESTATE INVESTMENTS PORTFOLIO
Operating Expense Limitation Agreement • December 28th, 2012 • Saratoga Advantage Trust • New York

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 31st day of December, 2012, by and between Saratoga Advantage Trust, (the “Trust”), on behalf of the James Alpha Global Real Estate Investments Portfolio, a series of the Trust (the “Fund”), and Ascent Investment Advisors, LLC, the investment adviser to the Fund (the “Adviser”).

ROCHDALE CORE ALTERNATIVE STRATEGIES FUND OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • April 5th, 2007 • Rochdale Core Alternative Strategies Fund LLC • Delaware

THIS AGREEMENT is made and entered into as of this ____ day of _______ 2006, by and among ROCHDALE CORE ALTERNATIVE STRATEGIES FUND TEI, LLC, a Delaware limited liability company (the “Tax-Exempt Fund”), ROCHDALE CORE ALTERNATIVE STRATEGIES FUND, LLC, a Delaware limited liability company (the “Taxable Fund”), ROCHDALE CORE ALTERTNATIVE STRATEGIES FUND (CAYMAN), LDC, a Cayman Islands limited duration company (the “Offshore Fund”), ROCHDALE CORE ALTERNATIVE STRATEGIES MASTER FUND, LLC, a Delaware limited liability company (the “Master Fund”), and ROCHDALE INVESTMENT MANAGEMENT LLC, a Delaware limited liability company (the “Advisor”)The Tax-Exempt Fund, the Taxable Fund, the Offshore Fund and the Master Fund are sometimes referred to herein collectively the “Funds”.

TRUST FOR PROFESSIONAL MANAGERS AMENDED OPERATING EXPENSE LIMITATION AGREEMENT ALTERNATIVE STRATEGIES FUND
Operating Expense Limitation Agreement • October 14th, 2008 • Trust for Professional Managers • Wisconsin

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 20th day of September, 2007, amended the _______ day of ________, 2008, by and between Trust for Professional Managers, (the “Trust”), on behalf of the Alternative Strategies Fund, a series of the Trust, and Ascentia Capital Partners, LLC, the investment adviser to the Fund (the “Adviser”).

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