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 March 2nd, 2012 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange-traded class of shares known as "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”), 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_______; and as authorized under the Order of Exemption dated December 1, 2009 of the Securities and Exchange Commission, Investment Company Act Release No. 29065; File No. 812-13638. Only brokers or dealers that are “Authorized Participants” and that have entered into an Authorized Participant Agreement with the Distributor, acting on behalf of the Trust, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ 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 National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; 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. ▇.▇. ▇▇▇▇▇▇, 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 global custody Agreement dated as March 2ndthe 19th of August, 2012 2011 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange-traded class of shares known as "“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 on Form N-1A, No_______No 811-22555; and as authorized under the Order of Exemption dated December 1, 2009 of the Securities and Exchange Commission, Investment Company Act Release No. 29065; File No. 812-13638. Only brokers or dealers that are “Authorized Participants” and that have entered into an Authorized Participant Agreement with the Distributor, acting on behalf of the Trust, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇.▇. ▇▇▇▇▇▇ 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 National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; 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. J.▇. ▇▇▇▇▇▇, 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 March 2ndDecember 16, 2012 2022, (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange-exchange- traded class of shares known as "ETF1 “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”)) and/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_______Nos. 333-266913 and 811-23820; and as authorized under the Order of Exemption dated December 1, 2009 Rule 6c-11 of the Securities and Exchange Commission, Investment Company Act Release No. 29065; File No. 812-13638of 1940, as amended (the “1940 Act”) or an exemptive order issued by the SEC. 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 and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ 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 National Securities Clearing CorporationNSCC) 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 Global Custody Agreement dated as March 2ndFebruary 26, 2012 2008 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange-traded class of shares known as "ETF1 “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 the Order of Exemption dated December 1March 17, 2009 2008 of the Securities and Exchange Commission, Investment Company Act Release No. 29065; File No. 812-13638. Only brokers or dealers that are “Authorized 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. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ 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 National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; 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. ▇. ▇▇▇▇▇▇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 March 2nd__________, 2012 2010 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange-traded class of shares known as "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 the Order of Exemption dated December 1November 27, 2009 2007 of the Securities and Exchange Commission, Investment Company Act Release No. 29065; File No. 812-1363828066 (“Order of Exemption”). Only brokers or dealers that are “Authorized 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. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ 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 National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; 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 Custody global custody Agreement dated as March 2ndJune 19, 2012 2025 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange-traded class of shares known as "ETF1 “ETF”1 Shares” for each ETF Series. The ETF Shares shall be created in .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 on Form N-1A, No_______No 811-08236; and as authorized under the Order of Exemption dated December 1, 2009 of the Securities and Exchange Commission, Investment Company Act Release No. 29065; .________ File No. 812-13638. Only brokers or dealers that are “Authorized Participants” and that have entered into an Authorized Participant Agreement with the Distributor, acting on behalf of the Trust, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇.▇. ▇▇▇▇▇▇ 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 National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; 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 March 2ndof February __, 2012 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 to its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange-traded class of shares known as "ETF1 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, No_______No811-21827; and as authorized under the Order of Exemption dated December 1January 18, 2009 2007 of the Securities and Exchange Commission, Investment Company Act Release No. 2906527664; File No. 812-1363813224. Only brokers or dealers that are “Authorized 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. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ 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 National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; 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 series pursuant to the terms of a Domestic Custody Agreement dated as March 2nd, 2012 of the date hereof (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios series listed on Exhibit A hereto hereto, as amended from time to time (each a “Fund” or an “ETF Series”) an ), exchange-traded class shares in respect of shares each such ETF Series known as "ETF1 “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_______No 333-89822; 811-21114; and as authorized under the Order of Exemption dated December 1June 13, 2009 2006 of the Securities and Exchange Commission, Investment Company Act Release No. 29065IC-27323; File No. 812-1363812354. Only brokers or dealers that are “Authorized 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. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ 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 National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; 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 March 2ndJanuary 5, 2012 2011 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange-traded class of shares known as "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 the Order of Exemption dated December 1November 27, 2009 2007 of the Securities and Exchange Commission, Investment Company Act Release No. 29065; File No. 812-1363828066 (“Order of Exemption”). Only brokers or dealers that are “Authorized 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. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ 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 National Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; 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 Custody Agreement dated as March 2ndJanuary 26th 2022, 2012 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) the Funds an exchange-traded class of shares known as "ETF1 “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, No_______; and as authorized under Rule 6c-11 of the Order of Exemption dated December 1, 2009 of 1940 Act or exemptive orders granted by the Securities and Exchange Commission, Investment Company Act Release No. 29065; File No. 812-13638. 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 and redeem ETF Shares in Creation Units from the TrustTrust either directly, or, in the case of semi-transparent ETF Series, through a Authorized Participant Representative (“APR”). The Trust wishes to engage J.▇.▇. ▇▇▇▇▇▇ 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 National Securities Clearing CorporationNSCC) 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.