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 __________, 2010 (the “Custody Agreement”). The Trust intends to issue in respect of its series listed on Exhibit A hereto (each a “Fund”) an exchange-traded class of shares known as "ETF1 Shares” for each Fund. The ETF Shares shall be issued in bundles called “Creation Units.” The Trust, on behalf of the Funds, shall issue and redeem ETF Shares of each Fund only in Creation Units principally in kind for portfolio securities of the particular Fund (“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_____; and as authorized under the Order of Exemption dated ____________ of the Securities and Exchange Commission, Investment Company Act Release No. ______; File No. _________. 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 issue 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 each Fund and its ETF Shares; 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 Units against the delivery of Redemption Securities and/or cash of each Fund.

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 _[_________], 2010 (the “Custody Agreement”). The Trust intends to issue in respect of its series 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 FundETF Series. The ETF Shares shall be issued created in bundles called “Creation Units.” The Trust, on behalf of the FundsETF Series, shall issue create and redeem ETF Shares of each Fund ETF Series only in Creation Units principally in kind for portfolio securities of the particular Fund 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_____; and as authorized under the Order of Exemption dated ____________ Rule 6c-11 of the Securities and Exchange Commission, Investment Company Act Release No. ______; File No. _________1940 Act. 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 issue 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 Fund and its ETF SharesSeries; 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 Units Unit size against the delivery of Redemption Securities and/or cash of each FundETF 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 global custody Agreement dated as __________the 19th of August, 2010 2011 (the “Custody Agreement”). The Trust intends to issue in respect of its series 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 FundETF Series. The ETF Shares shall be issued created in bundles called “Creation Units.” The Trust, on behalf of the FundsETF Series, shall issue create and redeem ETF Shares of each Fund ETF Series only in Creation Units principally in kind for portfolio securities of the particular Fund 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 ____________ of the Securities and Exchange Commission, Investment Company Act Release No. ______; File No. _________. 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 issue 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 Fund and its ETF SharesSeries; 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 Units Unit size against the delivery of Redemption Securities and/or cash of each FundETF 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 __________, 2010 of the date hereof (the “Custody Agreement”). The Trust intends to issue in respect of its series listed on Exhibit A hereto hereto, as amended from time to time (each a an “FundETF Series”) an ), exchange-traded class shares in respect of shares each such ETF Series known as "ETF1 “ETF Shares.” for each Fund. The ETF Shares shall be issued in bundles called “Creation Units.” (hereinafter defined). The Trust, on behalf of the FundsETF Series, shall issue and redeem ETF Shares of each Fund ETF Series only in Creation Units principally in kind for portfolio securities of the particular Fund 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_____No 333-89822; 811-21114; and as authorized under the Order of 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” (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 issue 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 Fund and its ETF SharesSeries; 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 Units against the delivery of “Redemption Securities and/or Securities” (hereinafter defined) or cash of each FundETF 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 __________August 23, 2010 2023 (the “Custody Agreement”). The Trust intends to issue in respect of its series 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 FundETF Series. The ETF Shares shall be issued created in bundles called “Creation Units.” The Trust, on behalf of the FundsETF Series, shall issue create and redeem ETF Shares of each Fund ETF Series only in Creation Units principally in kind for portfolio securities of the particular Fund 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_____; and as authorized under the Order of Exemption dated ____________ Rule 6c-11 of the Securities and Exchange Commission, Investment Company Act Release No. ______; File No. _________1940 Act. 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 issue 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 Fund and its ETF SharesSeries; 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 Units Unit size against the delivery of Redemption Securities and/or cash of each FundETF 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 _[_________], 2010 (the “Custody Agreement”). The Trust intends to issue in respect of its series 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 FundETF Series. The ETF Shares shall be issued created in bundles called “Creation Units.” The Trust, on behalf of the FundsETF Series, shall issue create and redeem ETF Shares of each Fund ETF Series only in Creation Units principally in kind for portfolio securities of the particular Fund 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 ; and as authorized under the Order of Exemption dated ____________ Rule 6c-11 of the Securities and Exchange Commission, Investment Company Act Release No. ______; File No. _________1940 Act. 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 issue 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 Fund and its ETF SharesSeries; 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 Units Unit size against the delivery of Redemption Securities and/or cash of each FundETF 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 Custody Agreement dated as __________February 26, 2010 2008 (the “Custody Agreement”). The Trust intends to issue in respect of its series portfolios listed on Exhibit A hereto (each a an “FundETF Series”) an exchange-traded class of shares known as "ETF1 “NETS Shares” for each FundFund (each a “ETF Series”). The ETF NETS Shares shall be issued in bundles called “Creation Units.” (hereinafter defined). The Trust, on behalf of the FundsETF Series, shall issue and redeem ETF NETS Shares of each Fund ETF Series only in Creation Units principally in kind for portfolio securities of the particular Fund 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_____. 333-147077; 811-22140; and as authorized under the Order of Exemption dated ____________ March 17, 2008 of the Securities and Exchange Commission, Investment Company Act Release No. ______; File No. _________. 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 issue purchase and redeem ETF NETS 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 NETS Shares, as the Trust’s agent, namely: to provide transfer agent services for NETS Shares of each Fund and its ETF SharesSeries; 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 Units Unit size against the delivery of Redemption Securities and/or (hereinafter defined) or cash of each FundETF Series.