CUSTODY AGREEMENTCustody Agreement • August 20th, 2008 • Direxion Shares ETF Trust • New York
AGREEMENT, dated as of ________________, 200__ between Direxion Shares ETF Trust (the "Trust"), a Delaware statutory trust organized and existing under the laws of the State of Delaware, having its principal office and place of business at 33 Whitehall Street, 10th Floor, New York, New York 10004, (the “Trust”) and The Bank of New York, a New York corporation authorized to do a banking business having its principal office and place of business at One Wall Street, New York, New York 10286 (“Custodian”).
DISTRIBUTION AGREEMENTDistribution Agreement • October 19th, 2016 • Direxion Shares ETF Trust • Delaware
This Distribution Agreement (the “Agreement”) is made this 31st day of March 2009, by and between Direxion Shares ETF Trust, a Delaware statutory trust (the “Trust”) having its principal place of business at 33 Whitehall Street, 10th Floor, New York, New York 10004, and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at Three Canal Plaza, Portland, ME 04101.
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • September 16th, 2013 • Direxion Shares ETF Trust • Wisconsin
THIS AGREEMENT is made and entered into as of this 18th day of June, 2013, by and between DIREXION SHARES ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).
FUND ACCOUNTING SERVICING AGREEMENTFund Accounting Servicing Agreement • September 16th, 2013 • Direxion Shares ETF Trust • Wisconsin
THIS AGREEMENT is made as of this 18th day of June, 2013 by and between DIREXION SHARES ETF TRUST, a Delaware statutory trust (the “Trust”) acting for and on behalf of each series of the Trust listed on Exhibit B as is currently authorized and issued by the Trust or may be authorized and issued by the Trust subsequent to the date of this Agreement (each a “Fund” and collectively the “Funds”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).
DIREXION ETF SHARES TRUST FORM OF AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • August 20th, 2008 • Direxion Shares ETF Trust • Delaware
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 The Bank of New York (the “Index Receipt Agent”) as index receipt agent for Direxion ETF Shares Trust (the “Trust”).
FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • November 30th, 2012 • Direxion Shares ETF Trust • Wisconsin
THIS AGREEMENT is made and entered into as of the 1st day of September, 2012, by and between DIREXION SHARES ETF TRUST, a Delaware statutory trust (the “Trust”) acting for and on behalf of each series as is currently authorized and issued by the Trust or may be authorized and issued by the Trust subsequent to the date of this Agreement (each a “Fund” and collectively the “Funds”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).
AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • February 27th, 2024 • Direxion Shares ETF Trust
This Amendment (“Amendment”) dated January 31, 2024 (“Effective Date”) is by and between Direxion Shares ETF Trust (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
AMENDMENT TO FUND ACCOUNTING AGREEMENTFund Accounting Agreement • February 27th, 2024 • Direxion Shares ETF Trust
This Amendment (“Amendment”) dated January 31, 2024 (“Effective Date”) is by and between Direxion Shares ETF Trust (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • February 27th, 2024 • Direxion Shares ETF Trust
This Amendment (“Amendment”) dated January 31, 2024 (“Effective Date”) is by and between Direxion Shares ETF Trust (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • August 20th, 2008 • Direxion Shares ETF Trust • New York
AGREEMENT made as of _____________________, by and between Direxion Shares ETF Trust the “Trust”), and The Bank of New York Mellon, a New York banking organization (“BNY”).
APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF TrustLimitation Agreement • February 27th, 2024 • Direxion Shares ETF Trust
Rafferty Asset Management, LLC has contractually agreed to cap all or a portion of its management fee and/or reimburse each Fund for Other Expenses through September 1, 2025, to the extent that a Fund’s Total Annual Fund Operating Expenses exceeds a Fund’s daily net assets as listed below.
AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • July 19th, 2021 • Direxion Shares ETF Trust • New York
This Amendment (“Amendment”) dated July 14, 2021 (“Effective Date”) is by and between Direxion Shares ETF Trust (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • July 19th, 2021 • Direxion Shares ETF Trust • New York
This Amendment (“Amendment”) dated July 14, 2021 (“Effective Date”) is by and between Direxion Shares ETF Trust (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
AMENDMENT TO FUND ACCOUNTING AGREEMENTFund Accounting Agreement • July 19th, 2021 • Direxion Shares ETF Trust • New York
This Amendment (“Amendment”) dated July 14, 2021 (“Effective Date”) is by and between Direxion Shares ETF Trust (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
AMENDED AND RESTATED DIREXION SHARES ETF TRUST INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • May 27th, 2020 • Direxion Shares ETF Trust • New York
This Investment Advisory Agreement (the “Agreement”) amends and restates the Investment Advisory Agreement dated August 13, 2008, between Direxion Shares ETF Trust (the “Trust”), a Delaware statutory trust, and Rafferty Asset Management, LLC, a New York limited liability company (the “Adviser”).
APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF TrustDirexion Shares ETF Trust • September 13th, 2019
Rafferty Asset Management, LLC has contractually agreed to cap all or a portion of its management fee and/or reimburse each Fund for Other Expenses through September 1, 2021, to the extent that a Fund’s Total Annual Fund Operating Expenses exceeds a Fund’s daily net assets as listed below.
APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF TrustLimitation Agreement • July 25th, 2022 • Direxion Shares ETF Trust
Rafferty Asset Management, LLC has contractually agreed to cap all or a portion of its management fee and/or reimburse each Fund for Other Expenses through September 1, 2023, to the extent that a Fund’s Total Annual Fund Operating Expenses exceeds a Fund’s daily net assets as listed below.
AMENDMENT TO DIREXION SHARES ETF TRUST DISTRIBUTION AGREEMENTDistribution Agreement • June 29th, 2012 • Direxion Shares ETF Trust • Delaware
This Amendment (the “Amendment”) to the Direxion Shares ETF Trust Distribution Agreement (the “Agreement”) dated as of the 31st day of March 2009, as amended from time to time, by and between Direxion Shares ETF Trust (the “Trust”) and Foreside Fund Services, LLC (the “Distributor”) is entered into as of January 9, 2012 (the “Effective Date”).
FOURTH AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT DIREXION SHARES ETF TRUSTOperating Expense Limitation Agreement • June 10th, 2019 • Direxion Shares ETF Trust • New York
THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”), amends and restates the Operating Expense Limitation Agreement dated May 20, 2009, by and between DIREXION SHARES ETF TRUST, a Delaware statutory trust (the “Trust”), on behalf of each of the series listed on Appendix A hereto (each a “Fund” and collectively, the “Funds”), as such schedule may be amended from time to time, and the adviser of the Funds, Rafferty Asset Management, LLC, a New York limited liability corporation (the “Adviser”), is effective as to each Fund, as of the effective date listed on Appendix A.
APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF TrustLimitation Agreement • October 3rd, 2022 • Direxion Shares ETF Trust
Rafferty Asset Management, LLC has contractually agreed to cap all or a portion of its management fee and/or reimburse each Fund for Other Expenses through September 1, 2024, to the extent that a Fund’s Total Annual Fund Operating Expenses exceeds a Fund’s daily net assets as listed below.
APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF TrustDirexion Shares ETF Trust • February 26th, 2018
Rafferty Asset Management, LLC has contractually agreed to cap all or a portion of its management fee and/or reimburse each Fund for Other Expenses through September 1, 2019, to the extent that a Fund’s Total Annual Fund Operating Expenses exceeds a Fund’s daily net assets as listed below.
OPERATING SERVICES AGREEMENT DIREXION SHARES ETF TRUSTOperating Services Agreement • September 6th, 2019 • Direxion Shares ETF Trust • New York
This Operating Services Agreement (the “Agreement”) is made and entered dated May 23, 2019, by and between the Direxion Shares ETF Trust, organized under the laws of the State of Delaware (the “Trust”), on behalf of each of the series of the Trust listed on Schedule A hereto (each a “Fund,” and collectively, the “Funds”), as such schedule may be amended from time to time, and the advisor of the Funds, Direxion Advisors, LLC, a Delaware limited liability company (hereinafter referred to as “Direxion” or the “Advisor”) is effective as to each Fund as of the effective date listed on Schedule A.
TWELFTH AMENDMENT TO DIREXION SHARES ETF TRUST DISTRIBUTION AGREEMENTDistribution Agreement • June 3rd, 2015 • Direxion Shares ETF Trust • Delaware
This Twelfth Amendment (“Amendment”) to the Distribution Agreement (the “Agreement”) dated as of March 31, 2009 by and between Direxion Shares ETF Trust, a Delaware statutory Trust (the “Trust”) and Foreside Fund Services, LLC, a Delaware limited liability company (“Distributor”), is entered into as of May 28, 2015 (the “Effective Date”)
DIREXION SHARES ETF TRUST SUBADVISORY AGREEMENTSubadvisory Agreement • June 8th, 2023 • Direxion Shares ETF Trust • Delaware
This Subadvisory Agreement (the “Agreement”), is made as of June 1, 2023 (the “Effective Date”), between Rafferty Asset Management, LLC, a Delaware limited liability company (the “Adviser”), Howard Capital Management, Inc. (the “Subadviser”) and, solely with respect to Sections 9(d) and 9(h), the Direxion Shares ETF Trust (the “Trust”).
APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF TrustDirexion Shares ETF Trust • February 27th, 2019
Rafferty Asset Management, LLC has contractually agreed to cap all or a portion of its management fee and/or reimburse each Fund for Other Expenses through September 1, 2020, to the extent that a Fund’s Total Annual Fund Operating Expenses exceeds a Fund’s daily net assets as listed below.
NOVATION OF AMENDED AND RESTATED MANAGEMENT SERVICES AGREEMENT DIREXION SHARES ETF TRUSTManagement Services Agreement • June 8th, 2023 • Direxion Shares ETF Trust
This Novation of the Amended and Restated Management Services Agreement (as defined below) (“Novation”) is entered into as of June 1, 2023, by and among Rafferty Asset Management, LLC, a New York limited liability company (“New York LLC”), Rafferty Asset Management, LLC, a Delaware limited liability company (“Delaware LLC”), and Direxion Shares ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of all series of the Trust, whether now existing or hereafter established that are subject to the Agreement (as defined below) (hereinafter, “Series” shall refer to each Series which is subject to this Novation).
OPERATING SERVICES AGREEMENT DIREXION SHARES ETF TRUSTOperating Services Agreement • September 6th, 2019 • Direxion Shares ETF Trust • New York
This Operating Services Agreement (the “Agreement”) is made and entered dated May 23, 2019, by and between the Direxion Shares ETF Trust, organized under the laws of the State of Delaware (the “Trust”), on behalf of each of the series of the Trust listed on Schedule A hereto (each a “Fund,” and collectively, the “Funds”), as such schedule may be amended from time to time, and the advisor of the Funds, Rafferty Asset Management, LLC, a New York limited liability company (hereinafter referred to as “Rafferty” or the “Advisor”) is effective as to each Fund as of the effective date listed on Schedule A.
DIREXION SHARES ETF TRUST ADVISORY FEE WAIVER AGREEMENTAdvisory Fee Waiver Agreement • January 17th, 2018 • Direxion Shares ETF Trust • New York
This ADVISORY FEE WAIVER AGREEMENT (this “Agreement”) is made effective as of the 21st day of November, 2017, by and between Direxion Advisors, LLC (the “Advisor”) and Direxion Shares ETF Trust (the “Trust”), on behalf of each of its series from time to time set forth in Schedule A attached hereto (each, a “Fund”).
APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF TrustLimitation Agreement • August 29th, 2012 • Direxion Shares ETF Trust
DIREXION SHARES ETF TRUST INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • January 17th, 2018 • Direxion Shares ETF Trust • Delaware
This Investment Advisory Agreement (“Agreement”) is made as of November 21, 2017, between Direxion Shares ETF Trust (the “Trust”), a Delaware statutory trust, and Direxion Advisors, LLC, a Delaware limited liability corporation (the “Advisor”).
APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF TrustDirexion Shares ETF Trust • August 22nd, 2014
APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF TrustDirexion Shares ETF Trust • August 21st, 2020
Rafferty Asset Management, LLC has contractually agreed to cap all or a portion of its management fee and/or reimburse each Fund for Other Expenses through September 1, 2022, to the extent that a Fund’s Total Annual Fund Operating Expenses exceeds a Fund’s daily net assets as listed below.
AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • September 17th, 2021 • Direxion Shares ETF Trust • New York
This Amendment (“Amendment”) dated September 10, 2021 (“Effective Date”) is by and between Direxion Shares ETF Trust (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF TrustDirexion Shares ETF Trust • November 25th, 2015
Rafferty Asset Management, LLC has contractually agreed to cap all or a portion of its management fee and/or reimburse each Fund for Other Expenses through September 1, 2017, to the extent that a Fund’s Total Annual Fund Operating Expenses exceeds a Fund’s daily net assets as listed below.
APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF TrustDirexion Shares ETF Trust • May 23rd, 2014
