AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • May 29th, 2020 • Exchange Traded Concepts Trust • Delaware
AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT (the “Agreement”) made as of this 6th day of May 2020 by and between EXCHANGE TRADED CONCEPTS TRUST (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940 (the “1940 Act”), and EXCHANGE TRADED CONCEPTS, LLC, an Oklahoma limited liability company (the “Adviser”).
ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • May 28th, 2019 • Amplify ETF Trust • Delaware
This Distribution Agreement (the “Agreement”) is made this __ day of _________ 2018, by and between Amplify ETF Trust (the “Trust”) having its principal place of business at 310 S. Hale Street, and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101.
SUB-ADVISORY AGREEMENTSub-Advisory Agreement • December 29th, 2022 • Exchange Traded Concepts Trust • Delaware
SUB-ADVISORY AGREEMENT (the “Agreement”) made as of this 29th day of December, 2021, by and between Exchange Traded Concepts, LLC, an Oklahoma limited liability company (the “Adviser”), and Hightower 6M Holding, LLC, a Delaware limited liability company (the “Sub-Adviser”), with respect to each series of Exchange Traded Concepts Trust (the “Trust”) identified on Schedule A to this Agreement (each a “Fund” and collectively, the “Funds”).
amended and restated DISTRIBUTION AGREEMENTDistribution Agreement • March 9th, 2012 • Exchange Traded Concepts Trust • Delaware
THIS AMENDED AND RESTATED DISTRIBUTION AGREEMENT (the “Agreement’) is made as of this 10th day of November, 2011 between Exchange Traded Concepts Trust (formerly FaithShares Trust and Veritas Funds, Inc.) (the “Trust”), a Delaware statutory trust and SEI Investments Distribution Co. (the “Distributor”), a Pennsylvania corporation.
ADVISORY AGREEMENTAdvisory Agreement • June 29th, 2015 • Exchange Traded Concepts Trust • Delaware
ADVISORY AGREEMENT (the “Agreement”) made as of this 26th day of May, 2015 by and between EXCHANGE TRADED CONCEPTS TRUST (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and EXCHANGE TRADED CONCEPTS, LLC, an Oklahoma limited liability company with its principal place of business at 2545 South Kelly Avenue, Suite C, Edmond, Oklahoma 73013 (the “Adviser”).
FORM OF SPROTT FUNDS TRUST AMENDED AND RESTATED SUB-ADVISORY AGREEMENTSub-Advisory Agreement • December 3rd, 2021 • Sprott Funds Trust • Delaware
AGREEMENT, dated as of March 14, 2019, as amended and restated on _____, 2022 (the “Agreement”) by and between Sprott Asset Management LP (the “Investment Adviser”), a Canadian limited partnership having its principal place of business at 200 Bay Street, Suite 2600, Toronto, Ontario, Canada M5J2J1, and ALPS Advisors, Inc., a Colorado corporation (the “Sub-Adviser”), having its principal place of business at 1290 Broadway, Suite 1000, Denver, Colorado 80203, on behalf of the series of the Sprott Funds Trust (the “Trust”) listed in Appendix A hereto, as amended from time to time (each a “Fund” and collectively, the “Funds”).
SUBLICENSE AGREEMENTSublicense Agreement • August 19th, 2022 • Exchange Traded Concepts Trust • Delaware
This Sublicense Agreement (“Agreement”) is made as of July 6, 2022, by and between Exchange Traded Concepts, LLC, a registered investment adviser (“Adviser”) and Exchange Traded Concepts Trust, a Delaware statutory trust (“Trust”).
CUSTODY AGREEMENTCustody Agreement • June 14th, 2019 • Exchange Traded Concepts Trust • New York
AGREEMENT, dated as of November 2, 2017 between Exchange Traded Concepts Trust, a Delaware statutory trust, having its principal office and place of business at 10900 Hefner Pointe Drive, Suite 207, Oklahoma City, Oklahoma 73120 (the “Trust”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business, having its principal office and place of business at 225 Liberty Street, New York, New York 10286 (“Custodian”).
AMENDED AND RESTATED ADMINISTRATION AGREEMENTAdministration Agreement • March 9th, 2012 • Exchange Traded Concepts Trust • Delaware
THIS AMENDED AND RESTATED ADMINISTRATION AGREEMENT (this “Agreement”) is made as of the 10th day of November, 2011 (the “Effective Date”), by and between Exchange Traded Concepts Trust (formerly FaithShares Trust, FaithShares, Inc. and Veritas Funds, Inc.) (the “Trust”), and SEI Investments Global Funds Services, a statutory trust formed under the laws of the State of Delaware (the “Administrator”).
SPROTT FUNDS TRUST N-14Sprott Funds Trust • December 3rd, 2021
SUB-ADVISORY AGREEMENTSub-Advisory Agreement • July 28th, 2017 • Exchange Traded Concepts Trust • Delaware
This SUB-ADVISORY AGREEMENT (together with any schedules, exhibits or other attachments hereto, and as it may be amended, restated or otherwise modified from time to time, this “Agreement”), is made and entered into as of May 3, 2016 by and between Exchange Traded Concepts, LLC, an Oklahoma limited liability company (the “Adviser”) and Vident Investment Advisory, LLC, a Delaware limited liability company (the “Sub-Adviser”), with respect to the REX VolMAXXTM Long VIX Weekly Futures Strategy Subsidiary I (the “Portfolio”). Capitalized terms not otherwise defined herein have the meanings specified in the Memorandum and Articles of Association of the Portfolio (as amended, restated or otherwise modified from time to time, the “Articles”).
INVESTMENT MANAGEMENT AGREEMENTInvestment Management Agreement • July 28th, 2017 • Exchange Traded Concepts Trust • Delaware
This INVESTMENT MANAGEMENT AGREEMENT (together with any schedules, exhibits or other attachments hereto, and as it may be amended, restated or otherwise modified from time to time, this “Agreement”), is made and entered into as of December 8, 2015 by and between the REX Gold Hedged S&P 500 Subsidiary I (the “Portfolio”), a Cayman Islands exempted company, and Exchange Traded Concepts, LLC, an Oklahoma limited liability company (the “Adviser”). Capitalized terms not otherwise defined herein have the meanings specified in the Memorandum and Articles of Association of the Portfolio (as amended, restated or otherwise modified from time to time, the “Articles”).
DOMESTIC CUSTODY AGREEMENT BETWEEN EXCHANGE TRADED CONCEPTS TRUST AND JPMORGAN CHASE BANK, N.A. WORLDWIDE SECURITIES SERVICES jpmorgan.comDomestic Custody Agreement • March 12th, 2012 • Exchange Traded Concepts Trust • New York
This Agreement, dated March 2, 2012, is between JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“J.P. Morgan”), with a place of business at 4 New York Plaza, New York, NY 10004; and EXCHANGE TRADED CONCEPTS TRUST (“the Customer”), a Delaware statutory trust and registered investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), on behalf of its series listed on Schedule 2 (each a “Fund” and collectively the “Funds”) with a place of business at 3555 NW 58th Street, Suite 410, Oklahoma City, OK 73112.
AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • March 9th, 2012 • Exchange Traded Concepts Trust • Pennsylvania
This Authorized Participant Agreement (this “Agreement”) is entered into as of this ___ day of __________ 20__ (the “Effective Date”), by and between _____________________ (the “Participant”) and SEI Investments Distribution Co. (together with its affiliates, the “Distributor”), principal underwriter of Exchange Traded Concepts Trust (the “Trust”), and is subject to acceptance by the Trust and each transfer agent to an investment portfolio of the Trust (each, a “Series”). Capitalized terms used herein and not otherwise defined have the meaning assigned to them in SECTION 14 of this Agreement.
THIS AGREEMENT IS TO BE ONLY USED FOR THE PROVISION OF AGENCY SERVICES TO A UNITED STATES EXCHANGE-TRADED FUND ETF Agency Services Agreement – US December 2010 versionAgency Services Agreement • March 9th, 2012 • Exchange Traded Concepts Trust • New York
THIS AGENCY SERVICES AGREEMENT made as of the 2nd day of March, 2012 by and between Exchange Traded Concepts Funds a Delaware statutory trust and registered open-end investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), with offices at 3555 NW 58th Street, Suite 410, Oklahoma City, OK 73112 (the “Trust”) and JPMORGAN CHASE BANK, N.A. a national banking association with a place of business at 4 New York Plaza, New York, New York 10004 (“J.P. Morgan”).
FORM OF SUB-ADVISORY AGREEMENTForm of Sub-Advisory Agreement • March 28th, 2014 • Exchange Traded Concepts Trust • Delaware
SUB-ADVISORY AGREEMENT (the “Agreement”) made as of this 7th day of March, 2012, as amended October 1, 2013, by and between Exchange Traded Concepts, LLC, an Oklahoma limited liability company, with its principal place of business at 3555 NW 58th Street, Suite 410, Oklahoma City, Oklahoma 73112 (the “Adviser”) and Yorkville ETF Advisors, LLC, a Delaware limited liability company with its principal place of business at 950 Third Avenue, 23rd Floor, New York, New York 10022 (the “Sub-Adviser”), with respect to each series of the Trust identified on Schedule A to this Agreement (each a “Fund” and collectively, the “Funds”).
CUSTODIAN AGREEMENTCustodian Agreement • November 6th, 2009 • Faithshares Trust • New York
THIS AGREEMENT, dated as of September 28, 2009, between FaithShares Trust, a management investment company organized under the laws of the State of Delaware and registered with the Commission under the Investment Company Act of 1940 (“the 1940 Act”) (the Fund), and BROWN BROTHERS HARRIMAN & CO., a limited partnership formed under the laws of the State of New York (BBH&Co. or the Custodian).
ETC FORM OF RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENTFund of Funds Investment Agreement • December 15th, 2023 • Exchange Traded Concepts Trust
THIS AGREEMENT, dated as of __________, [between/among] [the/each] Acquiring Fund(s)[, severally and not jointly] (each, an “Acquiring Fund”), and [the/each] Acquired Fund(s)[, severally and not jointly] (each, an “Acquired Fund” and together with the Acquiring Fund[s], the “Funds”), listed on Schedule A.
FUND OF FUNDS INVESTMENT AGREEMENTFunds Investment Agreement • March 30th, 2023 • Exchange Traded Concepts Trust • Massachusetts
This Fund of Funds Investment Agreement (this “Agreement”), is effective as of November 17, 2022 (the “Effective Date”), is made among Exchange Traded Concepts Trust and Exchange Listed Funds Trust, on behalf of their series listed on Schedule A, severally and not jointly (each, the “Acquiring Fund”), and The Select Sector SPDR Trust, on behalf of each of its series listed on Schedule B, severally and not jointly (each, the “Acquired Fund” and together with the Acquiring Funds, the “Funds”).
INTERIM SUB-ADVISORY AGREEMENTInterim Sub-Advisory Agreement • March 30th, 2015 • Exchange Traded Concepts Trust • Delaware
INTERIM SUB-ADVISORY AGREEMENT (the “Agreement”) made as of this 16th of January, 2015 by and between Exchange Traded Concepts, LLC, an Oklahoma limited liability company, with its principal place of business at 2545 S. Kelly Ave. Ste. C, Edmond, Oklahoma 73013 (the “Adviser”) and Penserra Capital Management LLC (“Penserra”), a limited liability company with its principal place of business at 140 Broadway, 26th Floor New York NY 10005 (the “Sub-Adviser”), with respect to each series of the Trust identified on Schedule A to this Agreement (each a “Fund” and collectively, the “Funds”).
EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • July 8th, 2020 • Exchange Traded Concepts Trust
AGREEMENT effective as of May 7, 2020, by and between Exchange Traded Concepts Trust (the “Trust”) and Exchange Traded Concepts, LLC (the “Adviser”), on behalf of each series of the Trust set forth in Schedule A attached hereto (each a “Fund” and, collectively, the “Funds”).
GOLDMAN SACHS TRUST GOLDMAN SACHS VARIABLE INSURANCE TRUST GOLDMAN SACHS ETF TRUST GOLDMAN SACHS TRUST II RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENTFunds Investment Agreement • March 30th, 2023 • Exchange Traded Concepts Trust
FORM OF SPROTT FUNDS TRUST AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • December 3rd, 2021 • Sprott Funds Trust • Delaware
This Investment Advisory Agreement (the “Agreement”) is made and entered into as of this 13 day of March, 2019, as amended and restated on __________, 2022 by and between Sprott Asset Management LP, a Canadian Limited Partnership (the “Adviser”), and Sprott Funds Trust, a Delaware statutory trust (the “Trust”), regarding the Fund listed in Appendix A (the “Fund(s)”).
AMENDMENT NO. 24 TO AMENDED AND RESTATED DISTRIBUTION AGREEMENTDistribution Agreement • August 19th, 2022 • Exchange Traded Concepts Trust • Delaware
THIS AMENDMENT TO AMENDED AND RESTATED DISTRIBUTION AGREEMENT (this “Amendment”), effective as of the 11th day of July, 2022 (the “Amendment Effective Date”) is entered into by and between Exchange Traded Concepts Trust (the “Trust”), and SEI Investments Distribution Co. (“Distributor”).
FUND OF FUNDS INVESTMENT AGREEMENTFunds Investment Agreement • March 30th, 2023 • Exchange Traded Concepts Trust
THIS AGREEMENT is dated as of January 19, 2022 among Exchange Listed Funds Trust and Exchange Traded Concepts Trust (each an “Acquiring Trust” and collectively, the “Acquiring Trusts”), each on behalf of itself and its separate series listed on Schedule A, as amended from time to time, severally and not jointly (each an “Acquiring Fund” and collectively, the “Acquiring Funds”), and PIMCO ETF Trust and PIMCO Equity Series, (each an “Acquired Trust” and collectively, the “Acquired Trusts”), each on behalf of its itself and its separate series listed on Schedule B, as amended from time to time or as such additional series are deemed to be added in the future, severally and not jointly (each, an “Acquired Fund” and collectively, the “Acquired Funds”).
AGREEMENT AND DECLARATION OF TRUST of FAITHSHARES TRUST a Delaware Statutory Trust Principal Place of Business: 3555 Northwest 58th Street, Suite 410 Oklahoma City, Oklahoma 73112Agreement and Declaration of Trust • December 4th, 2009 • Faithshares Trust • Delaware
WHEREAS, this AGREEMENT AND DECLARATION OF TRUST is made and entered into as of the date set forth below by the Trustee named hereunder for the purpose of forming a Delaware statutory trust in accordance with the provisions hereinafter set forth,
WISDOMTREE TRUST FUND OF FUNDS INVESTMENT AGREEMENTWisdomtree Trust • March 30th, 2023 • Exchange Traded Concepts Trust
This Fund of Funds Investment Agreement (“Agreement”) is made as of this 19 day of January, 2022, by and between WisdomTree Trust (the “Trust”), on behalf of each of its current and future series, severally and not jointly (each, an “Acquired Fund”) and the registered investment company, on behalf of each of its current and future series, severally and not jointly, set forth on Appendix A (each an “Acquiring Fund”).
FUND OF FUNDS INVESTMENT AGREEMENTFunds Investment Agreement • March 30th, 2023 • Exchange Traded Concepts Trust
THIS FUND OF FUNDS INVESTMENT AGREEMENT (the “Agreement”), dated as of January 19, 2022 (“Effective Date”), is made among Exchange Traded Concepts Trust and Exchange Listed Funds Trust, on behalf of each of their series listed in Schedule A (each, an “Acquiring Fund”) and the Invesco Exchange-Traded Fund Trust, Invesco Exchange-Traded Fund Trust II, Invesco India Exchange-Traded Fund Trust, Invesco Actively Managed Exchange-Traded Trust, Invesco Actively Managed Exchange-Traded Commodity Fund Trust and Invesco Exchange-Traded Self-Indexed Fund Trust, on behalf of each of their series (except such series listed on Schedule B, as may be amended from time to time), severally and not jointly (each, an “Acquired Fund” and together with the Acquiring Funds, the “Funds”).
AMENDMENT NO. 22 TO AMENDED AND RESTATED ADMINISTRATION AGREEMENTAdministration Agreement • August 19th, 2022 • Exchange Traded Concepts Trust • Delaware
THIS AMENDMENT TO AMENDED AND RESTATED ADMINISTRATION AGREEMENT (this “Amendment”), effective as of the 11th day of July, 2022 (the “Amendment Effective Date”) is entered into by and between Exchange Traded Concepts Trust (the “Trust”), and SEI Investments Global Funds Services (“Administrator”).
REX SHARES, LLC (“FUND SPONSOR”) SERIES COMPLEX NEW FUND ADDENDUM DATED MARCH 30, 2016 TO AMENDED AND RESTATED ADMINISTRATION AGREEMENT DATED AS OF NOVEMBER 10, 2011 BETWEEN EXCHANGE TRADED CONCEPTS TRUST ON BEHALF OF THE REX SHARES, LLC SERIES...Administration Agreement • July 28th, 2017 • Exchange Traded Concepts Trust
Relationship to Agreement: Excepted as specifically set forth herein, defined terms used in this New Fund Addendum shall have the meaning set forth in the Agreement. Upon executing this New Fund Addendum, the Funds in the Series Complex shall be included in the terms and conditions of the Agreement as if the same had been an original party thereto In the event of a conflict between the terms set forth in this New Fund Addendum and any terms set forth in the Agreement, the terms set forth in this New Fund Addendum shall govern, but solely with respect to the Series Complex described herein.
AMENDMENT NO. 19 TO AMENDED AND RESTATED DISTRIBUTION AGREEMENTDistribution Agreement • September 23rd, 2021 • Exchange Traded Concepts Trust • Delaware
THIS AMENDMENT TO AMENDED AND RESTATED DISTRIBUTION AGREEMENT (this “Amendment”), effective as of the 10th day of September 2021 (the “Amendment Effective Date”) is entered into by and between Exchange Traded Concepts Trust (the “Trust”), and SEI Investments Distribution Co. (“Distributor”).
NEW FUND ADDENDUM DATED JUNE 1, 2015 TO AMENDED AND RESTATED ADMINISTRATION AGREEMENT DATED AS OF NOVEMBER 10, 2011 BETWEEN EXCHANGE TRADED CONCEPTS TRUST ON BEHALF OF HULL TACTICAL U.S. ETF SERIES OF THE HTAA, LLC SERIES COMPLEX ANDAdministration Agreement • June 29th, 2015 • Exchange Traded Concepts Trust
Relationship to Agreement: Excepted as specifically set forth herein, defined terms used in this New Fund Addendum shall have the meaning set forth in the Agreement. Upon executing this New Fund Addendum, the Funds in the Series Complex shall be included in the terms and conditions of the Agreement as if the same had been an original party thereto and the term “Advisor” as used in the Agreement shall, from and after the date hereof, also refer to the Sub-Adviser added pursuant to this New Fund Addendum. In the event of a conflict between the terms set forth in this New Fund Addendum and any terms set forth in the Agreement, the terms set forth in this New Fund Addendum shall govern, but solely with respect to the Series Complex described herein.
AMENDMENT TO THE RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENT GOLDMAN SACHS TRUST GOLDMAN SACHS VARIABLE INSURANCE TRUST GOLDMAN SACHS ETF TRUST GOLDMAN SACHS TRUST IIInvestment Agreement • March 30th, 2023 • Exchange Traded Concepts Trust
This Amendment (the “Amendment”) to the Agreement (as defined below) is made as of December 21, 2022. All capitalized terms used in Amendment and not defined herein shall have the meaning ascribed to them in the Agreement.
FUND OF FUNDS INVESTMENT AGREEMENTFunds Investment Agreement • March 30th, 2023 • Exchange Traded Concepts Trust • Massachusetts
This Fund of Funds Investment Agreement (this “Agreement”), dated as of May 10, 2022 (the “Effective Date”), is made among Exchange Traded Concepts Trust and Exchange Listed Funds Trust, on behalf of their series listed on Schedule A, severally and not jointly (each, the “Acquiring Fund”), and SPDR Series Trust, SPDR Index Shares Funds and SSGA Active Trust (each, a “Trust”), each on behalf of their series listed on Schedule B, severally and not jointly (each, the “Acquired Fund” and together with the Acquiring Funds, the “Funds”).
RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENTFunds Investment Agreement • March 30th, 2023 • Exchange Traded Concepts Trust
THIS AGREEMENT is entered into as of January 19, 2022, between Exchange Listed Funds Trust and Exchange Traded Concepts Trust, each a Statutory Trust organized under the laws of Delaware, on behalf of itself or its separate series listed on Schedule A, severally and not jointly (each, an “Acquiring Fund”), and Global X Funds, a statutory trust organized under the laws of the State of Delaware (“Global X Funds”), on behalf of its respective series listed on Schedule B and such additional series as shall be designated in the future, severally and not jointly (each, an “Acquired Fund” and collectively, the “Acquired Funds”).
