CUSTODY AGREEMENTCustody Agreement • March 26th, 2021 • Spinnaker ETF Series • New York
THIS AGREEMENT is made and entered into as of this 16th day of December, 2020, by and between SPINNAKER ETF SERIES, a Delaware statutory trust having its principal place of business at 116 South Franklin Street, Rocky Mount, North Carolina 27804 (the “Trust”), and Clear Street LLC, a Delaware limited liability company and a broker- dealer regulated under the Securities and Exchange Act of 1934, as amended (the “1934 Act”) (the “Custodian”).
TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • August 16th, 2017 • Spinnaker ETF Trust • New York
THIS AGREEMENT is made as of the 9th day of June, 2017, by and between each Trust (hereinafter each a "Trust", and collectively the "Trusts" as applicable) listed on Appendix A hereto (as such Appendix be amended from time to time) 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 (the "Bank").
ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • June 19th, 2019 • Spinnaker ETF Series • North Carolina
This ETF Distribution Agreement (the “Agreement’) is effective the 15th day of August, 2017 between SPINNAKER ETF SERIES, a Delaware statutory trust (the “Trust”), on behalf of itself and the fund(s) listed on Schedule A, as may be amended from time to time (each a “Fund” and collectively the “Funds”), and CAPITAL INVESTMENT GROUP, INC, a North Carolina corporation (the “Distributor”).
INVESTMENT SUB-ADVISORY AGREEMENTInvestment Sub-Advisory Agreement • December 16th, 2020 • Spinnaker ETF Series • North Carolina
This Investment Sub-advisory Agreement (“Agreement”) is made and entered into as of December 17, 2019 by and among Spinnaker ETF Series, a Delaware Statutory Trust (the "Trust"), OBP Capital, LLC, a Delaware Limited Liability Company (“Advisor”) and Trajan Wealth, LLC, a Arizona Limited Liability Company (“Sub-Advisor”).
CUSTODY AGREEMENTCustody Agreement • August 16th, 2017 • Spinnaker ETF Trust • New York
AGREEMENT, dated as of 15th day of August, 2017 between Spinnaker ETF Trust, a Delaware Statutory Trust, having its principal office and place of business at 116 South Franklin Street, Rocky Mount, North Carolina 27802 (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").
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • December 15th, 2023 • Spinnaker ETF Series • North Carolina
THIS INVESTMENT ADVISORY AGREEMENT (“Agreement”) is made and entered into as of the 19th day of December 2022, by and between SPINNAKER ETF SERIES, a Delaware statutory trust (the “Trust”), on behalf of its series, Langar Global HealthTech ETF (the “Fund”), and LANGAR INVESTMENT MANAGEMENT, LLC (the “Advisor”), located at 13346 Marigold Way, San Diego, CA 92130.
EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • January 28th, 2022 • Spinnaker ETF Series
THIS EXPENSE LIMITATION AGREEMENT (“Agreement”) is made and entered into effective as this 17th day of March, 2020, by and between SPINNAKER ETF SERIES, a Delaware statutory trust (the “Trust”), on behalf of its series, Trajan Wealth Income Opportunities ETF (the “Fund”), and Trajan Wealth Advisors, LLC, a Arizona limited liability company (the “Sub-advisor”).
FUND ADMINISTRATION SERVICE AGREEMENTService Agreement • August 16th, 2017 • Spinnaker ETF Trust • North Carolina
THIS AGREEMENT is made and entered into as of this 15th day of August, 2017, by and between SPINNAKER ETF TRUST, a Delaware statutory trust, having its principal office and place of business at 116 South Franklin Street, Rocky Mount, North Carolina 27804 (the "Trust") and THE NOTTINGHAM COMPANY, a North Carolina corporation, having its principal office and place of business at 116 South Franklin Street, Rocky Mount, North Carolina 27804 (the "Administrator").
AUTHORIZED PARTICIPANT AGREEMENT FORAuthorized Participant Agreement • August 16th, 2017 • Spinnaker ETF Trust • New York
This Authorized Participant Agreement (the "Agreement") is entered into by and between Capital Investment Group, Inc. (the "Distributor"), and Cantor Fitzgerald & Co. (the "Authorized Participant", "Participant" or "AP") and is subject to acceptance by The Bank of New York Mellon ("Custodian" or "Transfer Agent"). The Transfer Agent serves as the transfer agent for Spinnaker ETF Trust (the "Trust"). The Distributor, the Transfer Agent and the Authorized Participant acknowledge and agree that the Trust shall be a third party beneficiary of this Agreement, and shall receive the benefits contemplated by this Agreement, to the extent specified herein. The Distributor has been retained to provide services as principal underwriter of the Trust acting on an agency basis in connection with the sale and distribution of shares of beneficial interest, all without par value (sometimes referred to as "Shares"), of each of the separate investment portfolios of the Trust (each such portfolio a "Fund"
DIVIDEND DISBURSING AND TRANSFER AGENT AGREEMENTDividend Disbursing and Transfer Agent Agreement • December 16th, 2020 • Spinnaker ETF Series • North Carolina
THIS DIVIDEND DISBURSING AND TRANSFER AGENT AGREEMENT (the "Agreement") is made and entered into as of June 11, 2019 by and between SPINNAKER ETF SERIES, a Delaware statutory trust (the "Trust"), on behalf of the funds listed on Schedule 1 (the “Funds”) and NOTTINGHAM SHAREHOLDER SERVICES, LLC, a North Carolina limited liability company ("Transfer Agent").
COMPLIANCE SERVICES AGREEMENTCompliance Services Agreement • December 16th, 2020 • Spinnaker ETF Series • North Carolina
THIS AGREEMENT is made and entered into this 1st day of June, 2020 (the “Effective Date”), as amended June 17, 2020, by and between THE NOTTINGHAM COMPANY, a North Carolina corporation, (“TNC”), and SPINNAKER ETF SERIES, a Delaware statutory trust, (“Trust”), on behalf of each of its series included in Appendix A.
EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • October 26th, 2021 • Spinnaker ETF Series
THIS EXPENSE LIMITATION AGREEMENT (“Agreement”) is made and entered into effective as this 16th day of August, 2017, amended June 18, 2019, by and between SPINNAKER ETF SERIES, a Delaware statutory trust (the “Trust”), on behalf of its series, UVA Unconstrained Medium-Term Fixed Income ETF and the UVA Dividend Value ETF (the “Fund(s)”), and Universal Value Advisors, a Nevada Limited Liability Company (the “Sub-advisor”).
EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • March 26th, 2024 • Spinnaker ETF Series
THIS EXPENSE LIMITATION AGREEMENT (“Agreement”) is made and entered into effective as of the 14th day of March 2024, by and between the SPINNAKER ETF SERIES, a Delaware statutory trust (the “Trust”), on behalf of its series listed on Appendix A hereto (the “Fund(s)”), and SPLIT ROCK PRIVATE TRADING AND WEALTH MANAGEMENT, LLC, a Minnesota limited liability company (the “Advisor”), with respect to the following:
FEE WAIVER AGREEMENTFee Waiver Agreement • December 20th, 2019 • Spinnaker ETF Series • Delaware
This FEE WAIVER AGREEMENT (the “Agreement”), effective the 17th day of December, 2019, is entered into by and between OBP Capital, LLC, a Delaware limited liability company, and the Spinnaker ETF Series, a Delaware statutory trust, on behalf of each series of the Trust listed on Schedule A, as amended from time to time (each a “Fund”).
FUND ACCOUNTING AGREEMENTFund Accounting Agreement • August 16th, 2017 • Spinnaker ETF Trust • New York
THIS AGREEMENT is made as of July 18, 2017 by and between each Trust listed on the signature page hereto (each a "Fund", and collectively the "Funds" as applicable) and The Bank of New York Mellon, a New York corporation authorized to do a banking business ("BNY Mellon").
FUND ACCOUNTING AND ADMINISTRATION SERVICE AGREEMENTService Agreement • April 3rd, 2023 • Spinnaker ETF Series • North Carolina
THIS AGREEMENT is made and entered into as of this 18th day of December, 2018 as amended March 16, 2023, by and between SPINNAKER ETF SERIES, a Delaware statutory trust, having its principal office and place of business at 116 South Franklin Street, Rocky Mount, North Carolina 27804 (the “Trust”) and THE NOTTINGHAM COMPANY, a North Carolina corporation, having its principal office and place of business at 116 South Franklin Street, Rocky Mount, North Carolina 27804 (the “Administrator”).
APPENDIX A COMPLIANCE SERVICES AGREEMENT SERIES OF THE TRUSTCompliance Services Agreement • March 26th, 2024 • Spinnaker ETF Series
EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • August 16th, 2017 • Spinnaker ETF Trust
THIS EXPENSE LIMITATION AGREEMENT ("Agreement") is made and entered into effective as this 19th day of July, 2017 by and between SPINNAKER ETF TRUST, a Delaware statutory trust (the "Trust"), on behalf of its series, Fieldstone Merlin Dynamic Large Cap Growth ETF (the "Fund(s)"), and Merlin Asset Management, a New York Limited Liability Company (the "Sub-advisor").
EXHIBIT B CUSTODY AGREEMENT Fund NamesCustody Agreement • March 26th, 2024 • Spinnaker ETF Series
AMENDED AND RESTATED APPENDIX B CUSTODY AGREEMENTCustody Agreement • March 26th, 2024 • Spinnaker ETF Series
The following open-end management investment companies (“Funds”) are hereby made parties to the Custody Agreement dated April 28, 2022, with UMB Bank, n.a. (“Custodian”) and Spinnaker ETF Series, and agree to be bound by all the terms and conditions contained in said Agreement:
EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • August 16th, 2017 • Spinnaker ETF Trust
THIS EXPENSE LIMITATION AGREEMENT ("Agreement") is made and entered into effective as this 16th day of August, 2017 by and between SPINNAKER ETF TRUST, a Delaware statutory trust (the "Trust"), on behalf of its series, Fieldstone UVA Unconstrained Medium-Term Fixed Income ETF and the Fieldstone UVA Dividend Value ETF (the "Fund(s)"), and Universal Value Advisors, a Nevada Limited Liability Company (the "Sub-advisor").
FEE WAIVER AGREEMENTFee Waiver Agreement • October 26th, 2021 • Spinnaker ETF Series • Delaware
This FEE WAIVER AGREEMENT (the “Agreement”), effective the 29th day of June, 2021, is entered into by and between OBP Capital, LLC, a Delaware limited liability company, and the Spinnaker ETF Series, a Delaware statutory trust, on behalf of each series of the Trust listed on Schedule A, as amended from time to time (each a “Fund”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • June 19th, 2019 • Spinnaker ETF Series • North Carolina
THIS INVESTMENT ADVISORY AGREEMENT (“Agreement”) is made and entered into as of the 12th day of March, 2019, by and between SPINNAKER ETF TRUST, a Delaware statutory trust (the “Trust”), and OBP CAPITAL, LLC, a North Carolina limited liability company (the “Adviser”), located at 116 South Franklin Street, P.O. Box 69, Rocky Mount, NC 27802, on behalf of the series enumerated in Appendix A hereof (such series, together with all other series subsequently established by the Trust and made subject to this Agreement in accordance with the terms contained below, being herein referred to as a “Fund,” and collectively as the “Funds”).
FUND ACCOUNTING AND ADMINISTRATION SERVICE AGREEMENTSpinnaker ETF Series • October 26th, 2021
FEE WAIVER AGREEMENTFee Waiver Agreement • June 19th, 2019 • Spinnaker ETF Series • Delaware
This FEE WAIVER AGREEMENT (the “Agreement”), effective the 12th day of March, 2019, is entered into by and between OBP Capital, LLC, a Delaware limited liability company, and the Spinnaker ETF Series, a Delaware statutory trust, on behalf of each series of the Trust listed on Schedule A, as amended from time to time (each a “Fund”).
EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • January 26th, 2024 • Spinnaker ETF Series
THIS EXPENSE LIMITATION AGREEMENT (“Agreement”) is made and entered into effective as of February 1, 2024, by and between SPINNAKER ETF SERIES, a Delaware statutory trust (the “Trust”), on behalf of its series, Trajan Wealth Income Opportunities ETF (the “Fund”), and Trajan Wealth Advisors, LLC, a Arizona limited liability company (the “Sub-Advisor”).
FUND ACCOUNTING AND ADMINISTRATION SERVICE AGREEMENTSpinnaker ETF Series • June 30th, 2021
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • April 16th, 2024 • Spinnaker ETF Series • North Carolina
THIS INVESTMENT ADVISORY AGREEMENT (“Agreement”) is made and entered into as of the 14th day of September 2023, by and between SPINNAKER ETF SERIES, a Delaware statutory trust (the “Trust”), on behalf of its series, Tuttle Capital Inverse ESG ETF and Tuttle Capital Self Defense Index ETF (each a “Fund” and collectively, the “Funds”), and TUTTLE CAPITAL MANAGEMENT LLC, a Connecticut limited liability company (the “Advisor”), located at 155 Lockwood Road, Riverside, CT 06878.
SUBSCRIPTION AGREEMENTSubscription Agreement • August 16th, 2017 • Spinnaker ETF Trust • Delaware
Distribution Agreement (Updated December 19, 2022)Distribution Agreement • April 3rd, 2023 • Spinnaker ETF Series
LISTING AGREEMENT Exchange-Traded Products1Listing Agreement • August 16th, 2017 • Spinnaker ETF Trust
Distribution Agreement (Updated March 17, 2021)Distribution Agreement • June 30th, 2021 • Spinnaker ETF Series
FUND ACCOUNTING AND ADMINISTRATION SERVICE AGREEMENTFund Accounting and Administration Service Agreement • June 19th, 2019 • Spinnaker ETF Series • North Carolina
FUND ACCOUNTING AND ADMINISTRATION SERVICE AGREEMENTFund Accounting and Administration Service Agreement • July 29th, 2022 • Spinnaker ETF Series • North Carolina
THIS AGREEMENT is made and entered into as of this 18th day of December, 2018 as amended March 17, 2022, by and between SPINNAKER ETF SERIES, a Delaware statutory trust, having its principal office and place of business at 116 South Franklin Street, Rocky Mount, North Carolina 27804 (the “Trust”) and THE NOTTINGHAM COMPANY, a North Carolina corporation, having its principal office and place of business at 116 South Franklin Street, Rocky Mount, North Carolina 27804 (the “Administrator”).
FORM OF EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • October 30th, 2018 • Spinnaker ETF Series
THIS EXPENSE LIMITATION AGREEMENT ("Agreement") is made and entered into effective as this 19th day of July, 2017, amended September 18, 2018 by and between SPINNAKER ETF SERIES, a Delaware statutory trust (the "Trust"), on behalf of its series, Fieldstone Merlin Dynamic Large Cap Growth ETF (the "Fund"), and Merlin Asset Management, a New York Limited Liability Company (the "Sub-advisor").
