Common use of Premise Clause in Contracts

Premise. X.X. Xxxxxx, 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 May 7, 2014 (the “Custody Agreement”). The Trust intends to issue in respect of the ETF Series 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 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. 333-191837, 811-22903; and as authorized under the Order of Exemption dated February 25, 2014 of the Securities and Exchange Commission, Investment Company Act Release No. 30927; File No. 812-13760. 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 X.X. Xxxxxx 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. X.X. XxxxxxBank, 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 Domestic Custody Agreement dated as May 7of February __, 2014 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 to its portfolios listed on Exhibit A hereto (each an “ETF Series”) an exchange-traded class of the ETF Series 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”) 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. 333No811-191837, 811-2290321827; and as authorized under the Order of Exemption dated February 25January 18, 2014 2007 of the Securities and Exchange Commission, Investment Company Act Release No. 3092727664; File No. 812-1376013224. 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 X.X. Xxxxxx 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. X.X. Xxxxxx, 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 May 7January 26th 2022, 2014 (the “Custody Agreement”). The Trust intends to issue in respect of the ETF Series 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”) 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. 333-191837, 811-22903; and as authorized under Rule 6c-11 of the Order of Exemption dated February 25, 2014 of 1940 Act or exemptive orders granted by the Securities and Exchange Commission, Investment Company Act Release No. 30927; File No. 812-13760. 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 X.X. Xxxxxx 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. X.X. J.X. Xxxxxx, 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 an Amended and Restated Global Custody Agreement dated as May 7April_, 2014 2021, (the “Custody Agreement”). The Customer and J.X. Xxxxxx previously entered into an Agency Service Agreement dated January 28, 2021 (the “Prior Agreement”) and the parties now desire to amend and restate the Prior Agreement in its entirety. The Trust intends to issue issues in respect of the its portfolios listed on Exhibit A hereto ( each a “Fund” or an “ETF Series Series”) 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 cash or 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. 333N-191837, 811-22903lA; and as authorized under the Order of Exemption dated February 25, 2014 Rule 6c-l l of the 1940 Act or otherwise by exemptive relief issued by the U.S. Securities and Exchange Commission, Investment Company Act Release No. 30927; File No. 812-13760Commission (“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 X.X. J.X. Xxxxxx 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. X.X. XxxxxxBank, 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 Global Domestic Custody Agreement dated as May 7, 2014 of the date hereof (the “Custody Agreement”). The Trust intends to issue in respect of the its series listed on Exhibit A hereto, as amended from time to time (each an “ETF Series”), exchange-traded shares in respect of each such ETF Series 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”) and/or 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. 333-191837, 811-22903_____; and as authorized under the Order of Exemption dated February 25, 2014 ____________ of the Securities and Exchange Commission, Investment Company Act Release No. 30927______; File No. 812-13760_________. 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 X.X. Xxxxxx 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. X.X. XxxxxxBank, 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 Domestic Custody Agreement dated as May 7June 18, 2014 2007 (the “Custody Agreement”). The Trust intends to issue in respect of the its portfolios listed on Exhibit A hereto (each an “ETF Series Series”) an exchange-traded class of shares known as “ETF1 Shares” for each Fund (each a “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”) 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. 333-191837, 811-22903; and as authorized under the Order of Exemption dated February 25, 2014 of the Securities and Exchange Commission, Investment Company Act Release No. 30927; File No. 812-13760. 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 X.X. Xxxxxx 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 against the delivery of Redemption Securities and/or cash (hereinafter defined) of each ETF Series.

Premise. X.X. Xxxxxx, 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 May 7of December 4, 2014 (the “Custody Agreement”). The Trust intends to issue in respect of the its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series 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. 333-191837, 811-2290322986; and as authorized under the Order of Exemption dated February 25November 19, 2014 of the Securities and Exchange Commission, Investment Company Act Release No. 3092731340; File No. 812-1376014271. 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 X.X. Xxxxxx 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. X.X. J.X. Xxxxxx, 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 May 7March 2nd, 2014 2012 (the “Custody Agreement”). The Trust intends to issue in respect of the its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series 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. 333-191837, 811-22903_______; and as authorized under the Order of Exemption dated February 25December 1, 2014 2009 of the Securities and Exchange Commission, Investment Company Act Release No. 3092729065; File No. 812-1376013638. 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 X.X. J.X. Xxxxxx 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. X.X. XxxxxxBank, 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 Domestic Custody Agreement dated as May 7__________, 2014 2010 (the “Custody Agreement”). The Trust intends to issue in respect of the its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series 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”) 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, Securities Act File No. 333-191837146327, Investment Company Act File No. 811-22903; 22128 (“Registration Statement”) and as authorized under the Order of Exemption dated February 25November 27, 2014 2007 of the Securities and Exchange Commission, Investment Company Act Release No. 30927; File No. 812-1376028066 (“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 X.X. Xxxxxx 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.