FactorShares Trust Sample Contracts

AMENDED AND RESTATED CUSTODY AGREEMENT
Custody Agreement • June 4th, 2021 • ETF Managers Trust • New York

THIS AMENDED AND RESTATED AGREEMENT is made and entered into as of this 1st day of May, 2021, by and between ETF MANAGERS TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

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AMENDED AND RESTATED ETF MANAGERS TRUST INVESTMENT ADVISORY AGREEMENT with ETF MANAGERS GROUP, LLC
Investment Advisory Agreement • August 25th, 2016 • ETF Managers Trust • Delaware

WHEREAS, the Trust is an open-end management investment company, registered as such under the Investment Company Act of 1940, as amended (the “1940 Act”); and

AGREEMENT AND DECLARATION OF TRUST of FactorShares Trust
Agreement and Declaration of Trust • November 20th, 2012 • FactorShares Trust • Delaware

AGREEMENT AND DECLARATION OF TRUST made as of June 30, 2009, as revised to reflect a change in the name of the Trust effected as of September 24, 2009, by the Trustees hereunder, and by the holders of Shares to be issued by FactorShares Trust (the “Trust”) hereunder as hereinafter provided.

ETF DISTRIBUTION AGREEMENT
Etf Distribution Agreement • July 23rd, 2020 • ETF Series Solutions • Delaware

This Distribution Agreement (the “Agreement”) is made this 20th day of July 2020, by and between ETF Series Solutions, a Delaware statutory trust (the “Trust”) having its principal place of business at 615 E Michigan, Milwaukee WI 53202, and Quasar Distributors, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at 111 E Kilbourn, Suite 2200, Milwaukee WI 53202.

SIT INVESTMENT ASSOCIATES SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • June 24th, 2019 • ETF Managers Trust • New Jersey

This Sub-Advisory Agreement (the “Agreement”) entered into as of the 20th day of June, 2019, by and between ETF Managers Group LLC, a Delaware limited liability company, with an address of 30 Maple Street, Suite 2, Summit, New Jersey 07901 (the “Adviser”), and Sit Fixed Income Advisors II, LLC, a registered investment advisor organized under the laws of the State of Delaware, with an address of 80 South Eighth Street, Suite 3300, Minneapolis, MN 55402 (the “Sub-Adviser”), hereby agree as follows:

DISTRIBUTION AGREEMENT
Distribution Agreement • November 20th, 2012 • FactorShares Trust • New York
DISTRIBUTION AGREEMENT
Distribution Agreement • October 16th, 2015 • FactorShares Trust • Colorado

THIS AGREEMENT is made as of October 7, 2015, between FactorShares Trust, a Delaware statutory trust (the “Trust”), and ALPS Distributors, Inc., a Colorado corporation (“ALPS”).

TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • November 20th, 2012 • FactorShares Trust • New York

THIS AGREEMENT is made and entered into as of this 12th day of September, 2012, by and between FACTORSHARES TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).

FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • September 19th, 2018 • ETF Managers Trust • New Jersey

THIS AGREEMENT is made as of this 17th day of July, 2018 by and between ETF Managers Trust, a Delaware statutory trust (the “Trust”) and ETF MANAGERS GROUP, LLC, a New Jersey limited liability company (“Fund Services”).

FACTORSHARES TRUST PARTICIPANT AGREEMENT
Participant Agreement • October 16th, 2015 • FactorShares Trust • Colorado

This Participant Agreement (the “Agreement”) is entered into by and among ALPS Distributors, Inc. (the “Distributor”) and ________________ [Participant’s Name and NSCC#] (the “Participant”) and is subject to acceptance by State Street Bank and Trust Company, as transfer agent (the “Transfer Agent”). FactorShares Trust (the “Trust”) is an open-end management investment company organized as a Delaware statutory trust consisting of separate investment portfolios (each, a “Fund” and collectively, the “Funds”) as set forth in Attachment A hereto. The Distributor has been retained as principal underwriter of the Trust and provides certain services in connection with the sale and distribution of shares of beneficial interest of the Funds (the “Shares”). The Transfer Agent has been retained to provide certain transfer agency services with respect to the purchase and redemption of Shares.

SECURITIES LENDING AGREEMENT
Securities Lending Agreement • January 28th, 2016 • FactorShares Trust • Minnesota

THIS SECURITIES LENDING AGREEMENT (“Agreement”) is made and entered into effective as of January 8, 2016, by and between U.S. Bank National Association (“Bank”) and FactorShares Trust (“Trust”), on behalf of each respective series identified in Exhibit C attached hereto and made a part hereof (each such series hereinafter referred to as a separate “Customer”).

FORM OF PENSERRA CAPITAL MANAGEMENT LLC SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • October 16th, 2015 • FactorShares Trust • New York

Sub-Advisory Agreement (this “Agreement”) entered into as of the 10th day of September, 2015, by and between Factor Advisors, LLC, a Delaware limited liability company with its principal place of business at 35 Beechwood Road, Summit, New Jersey 07901 (the “Adviser”), and Penserra Capital Management LLC, a registered investment advisor organized under the laws of the State of New York (the “Sub-Adviser”).

AMENDED AND RESTATED CUSTODY AGREEMENT
Custody Agreement • January 26th, 2018 • ETF Managers Trust • New York

THIS AMENDED AND RESTATED AGREEMENT is made and entered into as of this 19th day of December 2017, by and between ETF Managers Trust, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

PURE FUNDS SHARES, EACH A SERIES OF THE FACTORSHARES TRUST FORM OF AUTHORIZED PARTICIPANT AGREEMENT QUASAR DISTRIBUTORS, LLC MILWAUKEE, WI 53202
Authorized Participant Agreement • November 20th, 2012 • FactorShares Trust • Delaware

This Authorized Participant Agreement (the “Agreement”) is entered into by and between Quasar Distributors, LLC (the “Distributor”) and [ ] (the “Participant”) and is subject to acceptance by U.S. Bancorp Fund Services, LLC (the “Index Receipt Agent”) as index receipt agent for the Pure Funds ETFs, each a separate series of the FactorShares Trust (the “Trust” and, together with the Distributor, Participant, Index Receipt Agent, and Trust, the “Parties”).

Transfer Agency and Service Agreement Between ETFMG Alternative Harvest ETF and Computershare Trust Company, N.A. and Computershare Inc.
Transfer Agency and Service Agreement • September 19th, 2018 • ETF Managers Trust • New York

THIS TRANSFER AGENCY AND SERVICE AGREEMENT, effective as of July 10th, 2018 (“Effective Date”), is by and between ETFMG Alternative Harvest ETF, a series fund of the ETF Managers Trust (the “Trust”) a Delaware statutory trust having its principal office and place of business at 30 Maple Street, Summit, New Jersey 07901 (“Company”), and Computershare Inc., a Delaware corporation (“Computershare”), and its fully owned subsidiary Computershare Trust Company, N.A., a federally chartered trust company (“Trust Company”, and together with Computershare, “Agent”), each having a principal office and place of business at 250 Royall Street, Canton, Massachusetts 02021.

FORM OF OPINION
ETF Series Solutions • July 23rd, 2020
CUSTODY AGREEMENT
Custody Agreement • November 20th, 2012 • FactorShares Trust • New York

Exhibit C (continued) to the Custody Agreement GLOBAL SUB-CUSTODIAL SERVICES ANNUAL FEE SCHEDULE at September, 2012 Country Instrument Safekeeping (BPS) Transaction Fee Country Instrument Safekeeping (BPS) Transaction Fee Argentina All 12.00 $32 Lithuania All 16.00 $40 Australia All 1.00 $15 Luxembourg All 3.20 $20 Austria All 1.70 $17 Malaysia All 2.90 $39 Bahrain All 40.00 $112 Mali* All 32.00 $124 Bangladesh All 32.00 $120 Malta All 17.60 $60 Belgium All 1.20 $22 Mauritius All 24.00 $80 Benin* All 32.00 $124 Mexico All 1.50 $10 Bermuda All 12.00 $48 Morocco All 28.00 $80 Botswana All 20.00 $40 Namibia All 24.00 $40 Brazil All 7.20 $17 Netherlands All 1.50 $12 Bulgaria All 32.00 $64 New Zealand All 2.00 $26 Burkina Faso* All 32.00 $124 Niger* All 32.00 $124 Canada All 0.75 $4 Nigeria All 24.00 $40 Cayman Islands* All 0.80 $8 Norway All 1.50 $22 Channel Islands* All 1.20 $20 Oman All 40.00 $112 Chile All 16.00 $48 Pakistan All 24.00 $80 China“A” Shares All 9.60 $42 Palestinian Autonom

Amendment No. 6 to Amended and Restated Distribution Agreement
Distribution Agreement • October 15th, 2021 • ETF Managers Trust

This Amendment No. 6, dated as of September 9, 2021 (the “Effective Date”), to the Amended and Restated Distribution Agreement (this “Amendment”), by and between ETF Managers Trust, a Delaware statutory trust (the “Trust”), and ETFMG Financial, LLC, a New Jersey limited liability company, having its principal place of business at 30 Maple Street, Suite 2, Summit, New Jersey 07901 (the “Distributor”).

INTERIM INVESTMENT ADVISORY AGREEMENT
Interim Investment Advisory Agreement • January 28th, 2014 • FactorShares Trust • Delaware

This INTERIM INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made as of this 22nd day of November, 2013 by and between FACTORSHARES TRUST (the “Trust”), a Delaware statutory trust, and FACTOR ADVISORS, LLC, a Delaware limited liability company with its principal place of business at One Penn Plaza, 36th Floor, New York, New York 10119 (the “Adviser”).

AMEDMED AND RESTATED FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • January 26th, 2018 • ETF Managers Trust • New York

THIS AMENDED AND RESTATED AGREEMENT is made as of this 19th day of December, 2017 by and between ETF Managers Trust, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).

ETF SUB-SERVICES AGREEMENT between ETF MANAGERS GROUP LLC and INDEX
Etf Sub-Services Agreement • February 7th, 2020 • ETF Managers Trust • New York
PENSERRA CAPITAL MANAGEMENT LLC SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • October 21st, 2015 • FactorShares Trust • New York

Sub-Advisory Agreement (this “Agreement”) entered into as of the 10th day of September, 2015, by and between Factor Advisors, LLC, a Delaware limited liability company with its principal place of business at 35 Beechwood Road, Summit, New Jersey 07901 (the “Adviser”), and Penserra Capital Management LLC, a registered investment advisor organized under the laws of the State of New York (the “Sub-Adviser”).

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FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • November 20th, 2012 • FactorShares Trust • New York

NOTE: Prices above are based on using U.S. Bancorp primary pricing service which may vary by security type and are subject to change. Use of alternative and/or additional sources may result in additional fees.

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • September 19th, 2018 • ETF Managers Trust • New Jersey

THIS AGREEMENT is made and entered into as of the 17th day of July 2018, by and between ETF MANAGERS TRUST, (the “Trust”) and ETF MANAGERS GROUP, LLC, a New Jersey limited liability company (“Fund Services”).

AMENDED AND RESTATED DISTRIBUTION AGREEMENT
Distribution Agreement • December 20th, 2017 • ETF Managers Trust • New Jersey

THIS AMENDED AND RESTATED AGREEMENT is made as of December 26, 2017, between ETF MANAGERS TRUST a Delaware statutory trust (the “Trust”), and ETFMG FINANCIAL, LLC., a New Jersey limited liability company (“the Distributor”).

ESPOSITO PARTNERS, LLC SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • September 19th, 2014 • FactorShares Trust • Texas

AGREEMENT made this 17th day of April, 2014 by and between Factor Advisors, LLC, a Delaware limited liability company with its principal place of business at 35 Beechwood Road, Suite 2B, Summit, New Jersey 07091 (the “Adviser”), and Esposito Partners, LLC, a Delaware limited liability company with its principal place of business at 300 Crescent Court, Suite 650, Dallas, Texas 75201 (the “Sub-adviser”).

SUBLICENSE AGREEMENT
Sublicense Agreement • November 20th, 2012 • FactorShares Trust

This Sublicense Agreement (the “Sublicense Agreement”), dated as of November __, 2012, is made by and among FactorShares Trust (the “Sublicensee”), International Securities Exchange, LLC (“ISE”), and PureShares LLC (“PureShares” or the “Sublicensor”).

FIRST AMENDMENT TO THE CUSTODY AGREEMENT
Custody Agreement • June 8th, 2018 • ETF Managers Trust

THIS FIRST AMENDMENT dated as of this 6h date of June, 2018, to the Amended and Restated Custody Agreement dated December 19, 2017 (the “Agreement”), is entered into by and between ETF Managers Trust, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

THIRD AMENDMENT TO SECURITIES LENDING AGREEMENT
Securities Lending Agreement • June 4th, 2021 • ETF Managers Trust

THIS THIRD AMENDMENT TO SECURITIES LENDING AGREEMENT ("Third Amendment"), dated effective as of May 1, 2021 ("Effective Date"), is made and entered into by and between U.S. Bank National Association ("Bank") and ETF Managers Trust ("Trust"), on behalf of each respective series identified in Exhibit C to the Agreement (each such series hereinafter referred to as a separate "Customer").

FIRST AMENDMENT TO SECURITIES LENDING AGREEMENT
Securities Lending Agreement • March 3rd, 2023 • ETF Managers Trust

THIS FIRST AMENDMENT TO SECURITIES LENDING AGREEMENT ("First Amendment"), dated effective as of October 3, 2016, is made and entered into by and between U.S. Bank National Association ("Bank") and ETF Managers Trust, formerly known as FactorShares Trust ("Trust"), on behalf of each respective series identified in Exhibit C to the Agreement (each such series hereinafter referred to as a separate "Customer").

EQUBOT LLC SUB-ADVISORY AGREEMENT
Equbot LLC Sub-Advisory Agreement • September 28th, 2017 • ETF Managers Trust • New Jersey

Sub-Advisory Agreement (this “Agreement”) entered into on October 1, 2017 by and between ETF Managers Group, LLC, a Delaware limited liability company with its principal place of business at 30 Maple Street, Summit, New Jersey 07901 (the “Adviser”), and Equbot LLC, a limited liability company organized under the laws of the State of Delaware with its principal place of business at 450 Townsend St., San Francisco, CA 94107 (the “Sub-Adviser”).

SECOND AMENDMENT TO THE ETF MANAGERS TRUST AMENDED AND RESTATED FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • June 24th, 2019 • ETF Managers Trust

THIS SECOND AMENDMENT, dated as of this 20th day of June, 2019, to the Amended and Restated Fund Administration Servicing Agreement, dated as of December 19, 2017, (the “Agreement”), is entered into by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”) and ETF MANAGERS TRUST, a Delaware statutory trust (the “Trust”).

WEDBUSH SECURITIES INC. FULLY PAID SECURITIES LENDING AGREEMENT
Securities Lending Agreement • January 28th, 2019 • ETF Managers Trust • California

This fully paid securities lending agreement (the “Agreement”) is entered into on September 6, 2018, by and between you, and Wedbush Securities Inc. (“Wedbush”).

SECOND AMENDMENT TO THE ETF MANAGERS TRUST FUND SERVICES AGREEMENT
Fund Services Agreement • October 15th, 2021 • ETF Managers Trust

THIS SECOND AMENDMENT, effective as of the last date on the signature block, to the Fund Services Agreement, dated as of May 1, 2021, (the “Agreement”), is entered into by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”) and ETF MANAGERS TRUST , a Delaware statutory trust (the “Trust”).

FOURTH AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • October 16th, 2015 • FactorShares Trust

THIS FOURTH AMENDMENT dated as of the 25th day of August, 2015, to the Fund Accounting Servicing Agreement dated as of dated as September 12, 2012, as amended January 25, 2013, October 16, 2014 and June 12, 2015 (the “Agreement”), is entered into by and between FACTORSHARES TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company ("Fund Services").

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