Common use of Premise Clause in Contracts

Premise. ▇.▇. ▇▇▇▇▇▇, in its capacity as custodian of the Trust has been engaged to provide custody services to the Trust and its various portfolios pursuant to the terms of a Custody Agreement dated as January 26th 2022, (the “Custody Agreement”). The Trust intends to issue in respect of the Funds an exchange-traded class of shares known as “ETF Shares” for each ETF Series. The ETF Shares shall be created in bundles called “Creation Units.” The Trust, on behalf of the ETF Series, shall create and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A; and as authorized under Rule 6c-11 of the 1940 Act or exemptive orders granted by the Securities and Exchange Commission. Only brokers or dealers that are Authorized Participants and that have entered into an Authorized Participant Agreement with the Distributor, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust either directly, or, in the case of semi-transparent ETF Series, through a Authorized Participant Representative (“APR”). The Trust wishes to engage ▇.▇. ▇▇▇▇▇▇ to perform certain services on behalf of the Trust with respect to the creation and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCC) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series.

Premise. ▇.▇. ▇▇▇▇▇▇Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various portfolios pursuant to the terms of a Domestic Custody Agreement dated as January 26th 2022of February __, 2007 (the “Custody Agreement”). The Trust Trust, which is registered under the Investment Company Act of 1940, as amended (the "1940 Act"), intends to issue in with respect of the Funds to its portfolios listed on Exhibit A hereto (each an “ETF Series”) an exchange-traded class of shares known as “"ETF Shares.” for each ETF Series. The ETF Shares shall be created issued in bundles called “Creation Units.” (hereinafter defined). The Trust, on behalf of the ETF Series, shall create issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, No811-21827; and as authorized under Rule 6c-11 the Order of the 1940 Act or exemptive orders granted by Exemption dated January 18, 2007 of the Securities and Exchange Commission, Investment Company Act Release No. 27664; File No. 812-13224. Only brokers or dealers that are “Authorized Participants Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the DistributorDistributor (hereinafter defined), acting on behalf of the Trust, shall be authorized to create purchase and redeem ETF Shares in Creation Units from the Trust either directly, or, in the case of semi-transparent ETF Series, through a Authorized Participant Representative (“APR”)Trust. The Trust wishes to engage ▇.▇. ▇▇▇▇▇▇ Bank to perform certain services on behalf of the Trust with respect to the creation purchase and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size Units against the delivery of Redemption Securities and/or cash (hereinafter defined) of each ETF Series.

Premise. ▇.▇. ▇▇▇▇▇▇Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various portfolios pursuant to the terms of a Domestic Custody Agreement dated as January 26th 2022__________, 2010 (the “Custody Agreement”). The Trust intends to issue in respect of the Funds its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange-traded class of shares known as “ETF "ETF1 Shares” for each ETF Series. The ETF Shares shall be created issued in bundles called “Creation Units.” The Trust, on behalf of the ETF Series, shall create issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A; , Securities Act File No. 333-146327, Investment Company Act File No. 811-22128 (“Registration Statement”) and as authorized under Rule 6c-11 the Order of the 1940 Act or exemptive orders granted by Exemption dated November 27, 2007 of the Securities and Exchange Commission, Investment Company Act Release No. 28066 (“Order of Exemption”). Only brokers or dealers that are “Authorized Participants Participants” and that have entered into an Authorized Participant Agreement with the Distributor, acting on behalf of the Trust, shall be authorized to create issue and redeem ETF Shares in Creation Units from the Trust either directly, or, in the case of semi-transparent ETF Series, through a Authorized Participant Representative (“APR”)Trust. The Trust wishes to engage ▇.▇. ▇▇▇▇▇▇ Bank to perform certain services on behalf of the Trust with respect to the creation issuance and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of issuances of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series.

Premise. ▇.▇. ▇▇▇▇▇▇Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various portfolios pursuant to the terms of a Global Custody Agreement dated as January 26th 2022February 26, 2008 (the “Custody Agreement”). The Trust intends to issue in respect of the Funds its portfolios listed on Exhibit A hereto (each an “ETF Series”) an exchange-traded class of shares known as “ETF NETS Shares” for each Fund (each a “ETF Series”). The ETF NETS Shares shall be created issued in bundles called “Creation Units.” (hereinafter defined). The Trust, on behalf of the ETF Series, shall create issue and redeem ETF NETS Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”)) or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, No. 333-147077; 811-22140; and as authorized under Rule 6c-11 the Order of the 1940 Act or exemptive orders granted by Exemption dated March 17, 2008 of the Securities and Exchange Commission. Only brokers or dealers that are “Authorized Participants Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the DistributorDistributor (hereinafter defined), acting on behalf of the Trust, shall be authorized to create purchase and redeem ETF NETS Shares in Creation Units from the Trust either directly, or, in the case of semi-transparent ETF Series, through a Authorized Participant Representative (“APR”)Trust. The Trust wishes to engage ▇.▇. ▇▇▇▇▇▇ Bank to perform certain services on behalf of the Trust with respect to the creation purchase and redemption of ETF NETS Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF NETS Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities and/or or cash that shall be delivered by Authorized Participants in exchange for ETF NETS Shares and the redemption of ETF NETS Shares in Creation Unit size against the delivery of Redemption Securities and/or (hereinafter defined) or cash of each ETF Series.

Premise. ▇.▇. ▇▇▇▇▇▇, in its capacity as custodian of the Trust Trust, has been engaged to provide custody services to the Trust and its various portfolios pursuant to the terms of a an Amended and Restated Global Custody Agreement dated April 18, 2017 (as January 26th 2022amended, (the “Custody Agreement”). The Trust intends to issue in respect of the Funds its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange-traded class of shares known as “ETF Shares” for each ETF Series. The ETF Shares shall be created in bundles called “Creation Units.” The Trust, on behalf of the ETF Series, shall create and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, Nos. 811-24120, 333-290276; and as authorized under Rule 6c-11 of the 1940 Act or exemptive orders granted by the Securities and Exchange CommissionAct. Only brokers or dealers that are Authorized Participants and that have entered into an Authorized Participant Agreement with the Distributor, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust either directly, or, in the case of semi-transparent ETF Series, through a Authorized Participant Representative (“APR”)Trust. The Trust wishes to engage ▇.▇. ▇▇▇▇▇▇ to perform certain services on behalf of the Trust with respect to the creation and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCC) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series.

Premise. ▇.▇. ▇▇▇▇▇▇Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various portfolios series pursuant to the terms of a Domestic Custody Agreement dated as January 26th 2022, of the date hereof (the “Custody Agreement”). The Trust intends to issue in respect of the Funds its series listed on Exhibit A hereto, as amended from time to time (each an “ETF Series”), exchange-traded class shares in respect of shares each such ETF Series known as “ETF Shares.” for each ETF Series. The ETF Shares shall be created issued in bundles called “Creation Units.” (hereinafter defined). The Trust, on behalf of the ETF Series, shall create issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”)) or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, No 333-89822; 811-21114; and as authorized under Rule 6c-11 the Order of the 1940 Act or exemptive orders granted by Exemption dated June 13, 2006 of the Securities and Exchange Commission, Investment Company Act Release No. IC-27323; File No. 812-12354. Only brokers or dealers that are “Authorized Participants Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the DistributorDistributor (hereinafter defined), acting on behalf of the Trust, shall be authorized to create purchase and redeem ETF Shares in Creation Units from the Trust either directly, or, in the case of semi-transparent ETF Series, through a Authorized Participant Representative (“APR”)Trust. The Trust wishes to engage ▇.▇. ▇▇▇▇▇▇ Bank to perform certain services on behalf of the Trust with respect to the creation purchase and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities and/or or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size Units against the delivery of “Redemption Securities and/or Securities” (hereinafter defined) or cash of each ETF Series.

Premise. ▇.▇. ▇▇▇▇▇▇Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various portfolios pursuant to the terms of a Domestic Custody Agreement dated as January 26th 20225, 2011 (the “Custody Agreement”). The Trust intends to issue in respect of the Funds its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange-traded class of shares known as “ETF "ETF1 Shares” for each ETF Series. The ETF Shares shall be created issued in bundles called “Creation Units.” The Trust, on behalf of the ETF Series, shall create issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A; , Securities Act File No. 333-146327, Investment Company Act File No. 811-22128 (“Registration Statement”) and as authorized under Rule 6c-11 the Order of the 1940 Act or exemptive orders granted by Exemption dated November 27, 2007 of the Securities and Exchange Commission, Investment Company Act Release No. 28066 (“Order of Exemption”). Only brokers or dealers that are “Authorized Participants Participants” and that have entered into an Authorized Participant Agreement with the Distributor, acting on behalf of the Trust, shall be authorized to create issue and redeem ETF Shares in Creation Units from the Trust either directly, or, in the case of semi-transparent ETF Series, through a Authorized Participant Representative (“APR”)Trust. The Trust wishes to engage ▇.▇. ▇▇▇▇▇▇ Bank to perform certain services on behalf of the Trust with respect to the creation issuance and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of issuances of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series.

Premise. ▇.▇. ▇▇▇▇▇▇, in its capacity as custodian of the Trust has been engaged to provide custody services to the Trust and its various portfolios pursuant to the terms of a Global Custody Agreement dated as January 26th 2022December 13, 2016 (the “"Custody Agreement”"). The Trust intends to issue in respect of the Funds an exchange-traded class of ETF Series shares known as “ETF "ETF1 Shares” " for each ETF Series. The ETF Shares shall be created in bundles called “"Creation Units.” " The Trust, on behalf of the ETF Series, shall create and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“"Deposit Securities”)") and/or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement Registration Statement on Form N-1A; and , No 811-23167, as authorized under Rule 6c-11 of it may be amended from time to time (the 1940 Act or exemptive orders granted by the Securities and Exchange Commission"Registration Statement"). Only brokers or dealers that are "Authorized Participants Participants" and that have entered into an Authorized Participant Agreement with the DistributorOrder Taker, acting on behalf of the Trust, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust either directly, or, in the case of semi-transparent ETF Series, through a Authorized Participant Representative (“APR”)Trust. The Trust wishes to engage ▇.▇. ▇▇▇▇▇▇ to perform certain services on behalf of the Trust with respect to the creation and redemption of ETF Shares, as the Trust’s 's agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series. The Trust is comprised of one or more Funds, each of which represents an interest in a separate investment portfolio, but for administrative convenience only wishes to evidence its retention of ▇.▇. ▇▇▇▇▇▇ hereunder with this single agreement, notwithstanding its intention that each Fund be separately bound.