AGREEMENT AND DECLARATION OF TRUST of ETF Opportunities Trust a Delaware Statutory TrustAgreement and Declaration of Trust • June 15th, 2020 • ETF Opportunities Trust • Delaware
ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • April 16th, 2021 • ETF Opportunities Trust • Delaware
This Distribution Agreement (the “Agreement”) is made this 24th day of March 2020, by and between ETF Opportunities Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at 8370 Stony Point Parkway, Suite 205, Richmond, VA 23235, 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.
INVESTMENT SUB-ADVISORY AGREEMENT with Vident Advisory, LLCInvestment Sub-Advisory Agreement • March 29th, 2024 • ETF Opportunities Trust • Delaware
This INVESTMENT SUB-ADVISORY AGREEMENT (the “Agreement”) is made as of this 6th day of October, 2023 by and among RIDGELINE RESEARCH, LLC, a Delaware company with its principal place of business at 14961 Finegan Farm Drive, Darnestown, MD 20874 (the “Adviser”), ETF Opportunities Trust (the “Trust”), and VIDENT ADVISORY, LLC, a Delaware limited liability company with its principal place of business located at 1125 Sanctuary Parkway, Suite 515, Alpharetta, GA 30009 (the “Sub-Adviser”).
INVESTMENT SUB-ADVISORY AGREEMENT with Vident Advisory, LLCSub-Advisory Agreement • March 29th, 2024 • ETF Opportunities Trust • Delaware
This Investment Sub-Advisory Agreeement (the “Agreement”) is made by and among Kingsbarn Capital Management, LLC, a Nevada limited liability company with its principal place of business at 1645 Village Center Circle, Suite 200, Las Vegas, Nevada 89134 (the “Adviser”), ETF Opportunities Trust (the “Trust”), and Vident Advisory, LLC, a Delaware limited liability company with its principal place of business located at 1125 Sanctuary Parkway, Suite 515, Alpharetta, Georgia 30009 (the “Sub-Adviser”).
FORM OF AUTHORIZED PARTICIPANT AGREEMENT ETF OPPORTUNITIES TRUSTAuthorized Participant Agreement • June 15th, 2020 • ETF Opportunities Trust • New York
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 [Name of Transfer Agent/Index Receipt Agent] (the “[Transfer Agent/Index Receipt Agent]”), and is further subject to acknowledgement and agreement by ETF Opportunities Trust (the “Trust”), a series trust offering a number of portfolios of securities (each a “Fund” and collectively the “Funds”), solely with respect to Sections 4(c) and 12(c) herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time, and included in the Trust’s Registration Statement on Form N-1A, as it may be amended from time to time, or otherwise filed with the U.S. Securities and Exchange Commission (“SEC”) (together with such Fund’s Statement of Additional Information incorporated therein, the “Prospectus”).
FUND SERVICES AGREEMENT Administration Services Between Commonwealth Fund Services, Inc. and ETF Opportunities Trust December 19, 2023Fund Services Agreement • January 23rd, 2024 • ETF Opportunities Trust • Virginia
AGREEMENT (this “Agreement”), dated as of December 19, 2023 between Commonwealth Fund Services, Inc., a corporation organized in accordance with the laws of the Commonwealth of Virginia (“CFS”) and ETF Opportunities Trust, a statutory trust organized and existing under the laws of the State of Delaware (the “Trust”).
SERVICES AGREEMENT ETF Opportunities Trust and Citi Fund Services Ohio, Inc. and Citibank, N.A. Version – July 2017Services Agreement • April 16th, 2021 • ETF Opportunities Trust • New York
THIS SERVICES AGREEMENT (the “Agreement”) is made on May 14, 2020, by and between ETF Opportunities Trust (the “Client”), Citi Fund Services Ohio, Inc. (“CFSO”), and Citibank, N.A. (“Citibank”, together with CFSO, the “Service Provider” or “Citi” and, with the Client, the “Parties”). If more than one Client has signed this Agreement, this Agreement shall be considered a separate agreement between the Service Provider and each Client, and no Client shall be (i) liable for the obligations of any other Client or (ii) entitled to the benefits conferred under this Agreement on any other Client.
INVESTMENT SUB-ADVISORY AGREEMENT with Tuttle Capital Management, LLCETF Opportunities Trust • January 23rd, 2024 • Delaware
This Investment Sub-Advisory Agreeement (the “Agreement”) is made by and among Tapp Finance, Inc., a Delaware corporation (hereinafter referred to as “Advisor”) with its principal place of business located at 3700 West Lawton Street, Seattle, Washington 98199, ETF Opportunities Trust (the “Trust”), and Tuttle Capital Management, LLC, a Delaware limited liability company with its principal place of business located at 155 Lockwood Road, Riverside, Connecticut 06878 (the “Sub-Adviser”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • January 23rd, 2024 • ETF Opportunities Trust
THIS AGREEMENT made the 19th day of December 2023, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and Tapp Finance, Inc., a Delaware corporation (hereinafter referred to as “Advisor”) with its principal place of business located at 3700 West Lawton Street, Seattle, Washington 98199 with respect to the series portfolios of the Trust identified in this Agreement (each a “Fund”).
Amendment NO. 10 to services agreementServices Agreement • November 28th, 2022 • ETF Opportunities Trust
This AMENDMENT No.10 (“Amendment”) is made as of July 21, 2022, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENTGlobal Custodial and Agency Services Agreement • June 15th, 2020 • ETF Opportunities Trust
THIS GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENT is made on May 14, 2020 individually, by and between, ETF Opportunities Trust located at 8730 Stony Point Parkway, Suite 205, Richmond, VA 23235 (“Client”), and Citibank, N.A. acting through its offices in New York (“Custodian”).
GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENTGlobal Custodial and Agency Services Agreement • April 16th, 2021 • ETF Opportunities Trust
THIS GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENT is made on May 14, 2020 individually, by and between, ETF Opportunities Trust located at 8730 Stony Point Parkway, Suite 205, Richmond, VA 23235 (“Client”), and Citibank, N.A. acting through its offices in New York (“Custodian”).
AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • November 28th, 2022 • ETF Opportunities Trust
THIS AGREEMENT is made by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and Cultivar Capital, Inc., a Texas corporation (hereinafter referred to as “Adviser”) with its principal place of business located at 421 E. Hickory Street., Suite 103, Denton, Texas 76201. This Agreement is made effective as to each Fund (defined below) as of the date set forth on the schedule(s) to this Agreement identified as “Schedule A” and then numerically designated (e.g., “Schedule A-1”) attached hereto as of the “Effective Date” noted on each Schedule A.
AMENDMENT NO.4 TO SERVICES AGREEMENTServices Agreement • April 16th, 2021 • ETF Opportunities Trust
This AMENDMENT No.4 (“Amendment”) is made as of March 1, 2021, 2021, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
Amendment NO. 9 to services agreementServices Agreement • March 24th, 2022 • ETF Opportunities Trust
This AMENDMENT No. 9 (“Amendment”) is made as of December 1, 2021, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
Amendment NO. 8 to services agreementServices Agreement • November 23rd, 2021 • ETF Opportunities Trust
This AMENDMENT No. 8 (“Amendment”) is made as of October 1, 2021, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
Commonwealth Fund Services, Inc. FUND SERVICES AGREEMENT Administration Services Between Commonwealth Fund Services, Inc. and ETF Opportunities Trust October 4, 2021Fund Services Agreement • November 23rd, 2021 • ETF Opportunities Trust • Virginia
AGREEMENT (this “Agreement”), dated as of October 4, 2021, between Commonwealth Fund Services, Inc., a corporation organized in accordance with the laws of the Commonwealth of Virginia (“CFS”) and ETF Opportunities Trust, a statutory trust organized and existing under the laws of the State of Delaware (the “Trust”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • June 15th, 2020 • ETF Opportunities Trust
AGREEMENT made the 4h day of December, 2019, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and Ridgeline Research LLC, a Delaware limited liability company (hereinafter referred to as “Ridgeline”).
services agreementServices Agreement • October 12th, 2021 • ETF Opportunities Trust
This AMENDMENT No. 7 (“Amendment”) is made as of September 16, 2021, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
Amendment NO. 14 to services agreementServices Agreement • July 28th, 2023 • ETF Opportunities Trust
This AMENDMENT No. 14 (“Amendment”) is made as of July 10, 2023, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • July 20th, 2021 • ETF Opportunities Trust
AGREEMENT made the 9th day of March, 2021, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and Applied Finance Advisors, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”).
FOURTH AMENDMENT TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • March 17th, 2023 • ETF Opportunities Trust • Delaware
This fourth amendment (“Amendment”) to the ETF distribution agreement (the “Agreement”) dated as of September 30, 2021 by ETF Opportunities Trust (the “Trust”) and Foreside Fund Services, LLC (together with the Trust, the “Parties”) is made effective as of December 20, 2022.
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • September 20th, 2023 • ETF Opportunities Trust
THIS AGREEMENT which is made effective as of the date noted in the Schedules attached hereto, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and REX Advisers, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 1241 Post Road, 2nd Floor, Fairfield, Connecticut 42860, with respect to the series portfolios of the Trust identified in this Agreement (each a “Fund”).
ETF Opportunities Trust 485BPOSETF Opportunities Trust • November 7th, 2023
This letter confirms the agreement of Tuttle Capital Management, LLC (the "Adviser") with the Trust to waive 0.03% of the Fund's annual advisory fee under the Investment Advisory Agreement dated April 1, 2023, as amended September 26, 2023, between the Trust and the Adviser.
Amendment NO. 10 to Global CUSTODIAL AND AGENCY services agreementGlobal Custodial and Agency Services Agreement • March 30th, 2023 • ETF Opportunities Trust
This AMENDMENT No. 10 (“Amendment”) is made as of December 20, 2022, by and between ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Custodian”, together with the Client, the “Parties”), to that certain Global Custodial and Agency Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
AMENDMENT NO. 15 TOServices Agreement • October 20th, 2023 • ETF Opportunities Trust
This AMENDMENT No. 15 (“Amendment”) is made as of September 26, 2023, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
AMENDMENT NO. 18 TO SERVICES AGREEMENTServices Agreement • January 23rd, 2024 • ETF Opportunities Trust
This AMENDMENT No. 18 (“Amendment”) is made as of January 12, 2024, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • October 20th, 2023 • ETF Opportunities Trust
THIS AGREEMENT which was made as of the 1st day of April 2023, by and between ETF Opportunities Trust, a Delaware statutory trust (hereinafter referred to as the “Trust”), and Tuttle Capital Management, LLC, a Delaware limited liability company (hereinafter referred to as “Advisor”) with its principal place of business located at 155 Lockwood Road, Riverside, Connecticut 06878 with respect to the series portfolios of the Trust identified in this Agreement (each a “Fund”).
AMENDMENT NO.4 TO GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENTGlobal Custodial and Agency Services Agreement • July 20th, 2021 • ETF Opportunities Trust
This AMENDMENT No.4 (“Amendment”) is made as of April 1, 2021, by and between ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Custodian”, together with the Client, the “Parties”), to that certain Global Custodial and Agency Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
EIGHTH AMENDMENT TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • January 23rd, 2024 • ETF Opportunities Trust • Delaware
This eighth amendment (“Amendment”) to the ETF distribution agreement (the “Agreement”) dated as of September 30, 2021, between ETF Opportunities Trust (the “Trust”) and Foreside Fund Services, LLC (together with the Trust, the “Parties”) is made effective as of December 19, 2023.
EIGHTH AMENDMENT TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • January 8th, 2024 • ETF Opportunities Trust • Delaware
This eighth amendment (“Amendment”) to the ETF distribution agreement (the “Agreement”) dated as of September 30, 2021, between ETF Opportunities Trust (the “Trust”) and Foreside Fund Services, LLC (together with the Trust, the “Parties”) is made effective as of December 19, 2023.
AMENDMENT NO. 12 TO SERVICES AGREEMENTServices Agreement • March 30th, 2023 • ETF Opportunities Trust
This AMENDMENT No. 12 (“Amendment”) is made as of December 20, 2022, by and among ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Citibank”), and Citi Fund Services Ohio, Inc. (“CFSO”, together with Citibank, the “Service Provider” and, with the Client, the “Parties”), to that certain Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
THIRD AMENDMENT TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • October 12th, 2021 • ETF Opportunities Trust • Delaware
This third amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of March 24, 2020 by and between ETF Opportunities Trust (“the Trust”) and Foreside Fund Services, LLC (“Foreside”) is entered into as of July 14, 2021 (the “Effective Date”).
INVESTMENT SUB-ADVISORY AGREEMENTSub-Advisory Agreement • September 20th, 2023 • ETF Opportunities Trust • Delaware
This Investment Sub-Advisory Agreement (the “Agreement”) is made by and among REX Advisers, LLC, a Delaware limited liability company with its principal place of business at 1241 Post Road, 2nd Floor, Fairfield, Connecticut 06824 (the “Adviser”), ETF Opportunities Trust (the “Trust”), and Vident Advisory, LLC, d/b/a Vident Asset Management a Delaware limited liability company with its principal place of business located at 1125 Sanctuary Parkway, Suite 515, Alpharetta, Georgia 30009 (the “Sub-Adviser”).
AMENDMENT NO.2 TO GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENTGlobal Custodial and Agency Services Agreement • April 16th, 2021 • ETF Opportunities Trust
This AMENDMENT No.2 (“Amendment”) is made as of November 1, 2020, by and between ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Custodian”, together with the Client, the “Parties”), to that certain Global Custodial and Agency Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.
