ETFis Series Trust I Sample Contracts

Amended and Restated ADVISORY AGREEMENT
Advisory Agreement • October 31st, 2017 • ETFis Series Trust I • Delaware

ADVISORY AGREEMENT made as of this 14th day of August, 2017, by and between ETFIS SERIES TRUST I (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Adviser”).

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TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • August 21st, 2015 • ETFis Series Trust I • New York

AGREEMENT made as of the 6th day of December, 2013, by and between each Trust (hereinafter the “Trust”) listed on Appendix I hereto and each Series of the Trust listed on Appendix I hereto (as such Appendix be amended from time to time), and THE BANK OF NEW YORK MELLON, a New York banking company having its principal office and place of business at One Wall Street, New York, New York 10286 (the “Bank”).

ETFIS SERIES TRUST I SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • February 28th, 2019 • ETFis Series Trust I • New York

ETFis Series Trust I (the “Trust”) is an open-end investment company of the series type registered under the Investment Company Act of 1940 (the “Act”), and is subject to the rules and regulations promulgated thereunder. The shares of the Trust are offered or may be offered in several series of shares, including the Virtus InfraCap U.S. Preferred Stock ETF (sometimes hereafter referred to as the “Fund”).

CUSTODY AGREEMENT
Custody Agreement • August 21st, 2015 • ETFis Series Trust I • New York

AGREEMENT, dated as of December 6, 2013 between ETFis Series Trust I, a Delaware statutory trust, having its principal office and place of business at 317 Madison Avenue, Suite 920, New York, New York 10017 (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 One Wall Street, New York, New York 10286 (“Custodian”).

DISTRIBUTION AGREEMENT
Distribution Agreement • February 28th, 2020 • ETFis Series Trust I • New York

This Distribution Agreement (“Agreement”) effective as of the 1st day of December, 2019, by and between ETFis Series Trust I, a Delaware statutory trust (“Trust”) having its principal place of business at 1540 Broadway, Suite 1610, New York, NY 10036, and VP Distributors, LLC, a Delaware limited liability company (“Distributor”) having its principal place of business at One Financial Plaza, 26th Floor, Hartford, CT 06103.

INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • February 29th, 2016 • ETFis Series Trust I • New York

THIS AGREEMENT is made effective as of April 10, 2015 by and between ETFis Series Trust I (the “Trust”) on behalf of the InfraCap MLP ETF (the “Fund”), Etfis Capital LLC, a Delaware limited liability company (the “Adviser”) and Infrastructure Capital Advisors, LLC, a New York limited liability company (the “Sub-Adviser”).

FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • August 21st, 2015 • ETFis Series Trust I • New York

AGREEMENT made as of December 6, 2013, by and between each entity listed on Exhibit A hereto (each a “Fund”, collectively the “Funds”), and The Bank of New York Mellon, a New York banking organization (“BNY”).

INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • February 28th, 2023 • ETFis Series Trust I • New York

THIS AGREEMENT, made effective as of the 7th day of February, 2017, by and between ETFis Series Trust I (the “Trust”), on behalf of the InfraCap REIT Preferred ETF (the “Fund”), Virtus ETF Advisers LLC, a Delaware limited liability company (the “Adviser”) and Infrastructure Capital Advisors, LLC, a New York limited liability company (the “Sub-Adviser”).

EXPENSE LIMITATION AGREEMENT ETFis Series Trust I
Expense Limitation Agreement • February 28th, 2020 • ETFis Series Trust I

This Agreement is into effective as of February 8, 2018 by and between the NEWFLEET MULTI-SECTOR BOND ETF (the “Fund”), a series of shares of ETFis Series Trust I, a Delaware statutory trust (the “Trust”) and VIRTUS ETF ADVISERS LLC, a Delaware limited liability company (the “Adviser”).

ADMINISTRATIVE SERVICES AGREEMENT
Administrative Services Agreement • May 8th, 2015 • ETFis Series Trust I • New York

This ADMINISTRATIVE SERVICES AGREEMENT is made and entered into as of this 6th day of August, 2013 by and between ETFIS SERIES TRUST I, a Delaware statutory trust (“Trust”) and ETF ISSUER SOLUTIONS INC., a Delaware corporation (“Administrator”). ETFIS CAPITAL LLC, a Delaware limited liability company and the investment adviser to the Trust (“Adviser”) is a party hereto with respect to Section 5 only.

EXPENSE LIMITATION AGREEMENT ETFis Series Trust I
Expense Limitation Agreement • February 28th, 2018 • ETFis Series Trust I

This Agreement is into effective as of May 8, 2015 by and between the NEWFLEET MULTI-SECTOR UNCONSTRAINED BOND ETF (the “Fund”), a series of shares of ETFis Series Trust I, a Delaware statutory trust (the “Trust”) and ETFIS CAPITAL LLC, a Delaware limited liability company (the “Adviser”).

EXPENSE LIMITATION AGREEMENT ETFis Series Trust I
Expense Limitation Agreement • February 28th, 2017 • ETFis Series Trust I

This Agreement is effective as of January 17, 2017, by and between ETFis series Trust I, a Delaware statutory trust (the “Trust”), on behalf of Virtus Cumberland Municipal Bond ETF (the “Fund”), and VIRTUS ETF ADVISERS LLC, a Delaware limited liability company (the “Adviser”).

Agreement and Declaration of Trust
Agreement and Declaration • April 2nd, 2013 • ETF Actively Managed Trust • Delaware

WHEREAS, the ETF Actively Managed Trust was established on September 20, 2012 with the filing of a Certificate of Trust with the Delaware Secretary of State for the purposes of carrying on the business of a management investment company;

TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • December 24th, 2013 • ETFis Series Trust I • New York

AGREEMENT made as of the ______ day of ________, 2013, by and between each Trust (hereinafter the “Trust”) listed on Appendix I hereto and each Series of the Trust listed on Appendix I hereto (as such Appendix be amended from time to time), and THE BANK OF NEW YORK MELLON, a New York banking company having its principal office and place of business at One Wall Street, New York, New York 10286 (the “Bank”).

EXPENSE LIMITATION AGREEMENT ETFis Series Trust I
Expense Limitation Agreement • December 8th, 2015 • ETFis Series Trust I

This Agreement is into effective as of December 3, 2015 by and between the ALTSHARES LONG SHORT/HIGH YIELD FUND (the “Fund”), a series of shares of ETFis Series Trust I, a Delaware statutory trust (the “Trust”), VIRTUS ETF ADVISERS LLC, a Delaware limited liability company (the “Adviser”) and BRAMSHILL INVESTMENTS, LLC (the “Sub-Adviser”).

ETFIS Series TRUST I SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • June 8th, 2015 • ETFis Series Trust I • Delaware

ETFis Series Trust I (the “Trust”) is an open-end investment company of the series type registered under the Investment Company Act of 1940 (the “Act”), and is subject to the rules and regulations promulgated thereunder. The shares of the Trust are offered or may be offered in several Funds, including ______________ (sometimes hereafter referred to as the “Fund”).

ETFIS SERIES TRUST I AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • December 24th, 2013 • ETFis Series Trust I • Delaware

This Authorized Participant Agreement (the “Agreement”) is entered into by and between ETF Distributors LLC (the “Distributor”) and ETFis Series Trust I (the “Participant”) and is subject to acceptance by Bank of New York Mellon (the “Transfer Agent”) as transfer agent for ETFis Series Trust I (the “Trust”).

ADVISORY AGREEMENT
Advisory Agreement • May 8th, 2015 • ETFis Series Trust I • Delaware

ADVISORY AGREEMENT made as of this 27th day of August, 2013, by and between ETFIS SERIES TRUST I (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Etfis Capital LLC, a Delaware limited liability company with its principal place of business at 6 E. 39th Street, Suite 1003, New York, NY 10016 (the “Adviser”).

ETFis SERIES TRUST I AMENDMENT TO SCHEDULE A TO THE ADVISORY AGREEMENT
Advisory Agreement • January 22nd, 2019 • ETFis Series Trust I

THIS AMENDMENT (the “Amendment”) dated as of the ____ day of _______, 2019, to Schedule A to the Advisory Agreement, dated as of June 4, 2015 (the “Advisory Agreement”), is entered into by and between ETFis SERIES TRUST I (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Adviser”).

EXPENSE LIMITATION AGREEMENT ETFis Series Trust I
Expense Limitation Agreement • February 28th, 2017 • ETFis Series Trust I

This Agreement is made by iSectors, LLC (the “Sub-Adviser”), investment sub-adviser to the iSectors Post-MPT Growth ETF (the “Fund”), a series of ETFis Series Trust I (the “Trust”), effective as of February 28, 2017.

ETFIS SERIES TRUST I SIXTH AMENDMENT TO THE DISTRIBUTION AGREEMENT
Distribution Agreement • July 8th, 2016 • ETFis Series Trust I

THIS SIXTH AMENDMENT dated as of the 8th day of July, 2016, to the Distribution Agreement, dated as of December 6, 2013 (the “Distribution Agreement”), is entered into by and between ETFIS SERIES TRUST I, a Delaware statutory trust (the “Trust”), and ETF Distributors LLC, a Delaware limited liability company (the “Distributor”).

ETFIS SERIES TRUST I FIRST AMENDMENT TO THE ADVISORY AGREEMENT
Advisory Agreement • September 18th, 2015 • ETFis Series Trust I

THIS FIRST AMENDMENT dated as of the 18th day of September, 2015, to the Advisory Agreement, dated as of June 4, 2015 (the “Advisory Agreement”), is entered into by and between ETFIS SERIES TRUST I (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC (formerly Etfis Capital LLC), a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Adviser”).

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ETFIS SERIES TRUST I THIRD AMENDMENT TO THE ADMINISTRATIVE SERVICES AGREEMENT
Administrative Services Agreement • October 16th, 2015 • ETFis Series Trust I

THIS THIRD AMENDMENT dated as of the 16th day of October, 2015, to the Administrative Services Agreement, dated as of August 6, 2013 (the “Administrative Services Agreement”), is entered into by and between ETFIS SERIES TRUST I, a Delaware statutory trust (the “Trust”) and VIRTUS ETF SOLUTIONS LLC (formerly ETF issuer Solutions, LLC), a Delaware limited liability company (the “Administrator”).

ETFis SERIES TRUST I AMENDMENT TO SCHEDULE A TO THE ADVISORY AGREEMENT
Advisory Agreement • November 21st, 2017 • ETFis Series Trust I

THIS AMENDMENT (the “Amendment”) dated as of the _____ day of __________, 2017, to the Advisory Agreement, dated as of June 4, 2015 (the “Advisory Agreement”), is entered into by and between ETFis SERIES TRUST I (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Adviser”).

ETFis SERIES TRUST I and MANNA ETFS MANAGEMENT, LLC SUB-ADVISOR AGREEMENT
Advisor Agreement • December 24th, 2013 • ETFis Series Trust I • New York

AGREEMENT, dated this 27th day of August 2013, by and between the ETFis Series Trust I (the “Trust”), on behalf of the Mana Core Equity Enhanced Dividend Income Fund (the “Fund’), and Manna ETFs Management, LLC (the “Sub-Advisor”).

ETFIS SERIES TRUST I AMENDMENT TO EXHIBIT A TO DISTRIBUTION AGREEMENT
Distribution Agreement • February 28th, 2019 • ETFis Series Trust I

THIS AMENDMENT (the “Amendment”) dated as of the 5th day of February, 2019, to Exhibit A to the Amended & Restated Distribution Agreement, dated February 8, 2017 (the “Distribution Agreement”), is entered into by and between ETFIS SERIES TRUST I (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and ETF Distributors LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Distributor”).

ETFis SERIES TRUST I and INFRASTRUCTURE CAPITAL ADVISORS, LLC SUB-ADVISOR AGREEMENT
Sub-Advisor Agreement • February 26th, 2014 • ETFis Series Trust I • New York

AGREEMENT, dated this ____ day of ____________, 2014, by and between the ETFis Series Trust I (the “Trust”), on behalf of the InfraCap Active MLP ETF (the “Fund’), and Infrastructure Capital Advisors, LLC (the “Sub-Advisor”).

FOREIGN CUSTODY MANAGER AGREEMENT
Manager Agreement • February 28th, 2020 • ETFis Series Trust I • New York

AGREEMENT made as of November 23, 2015 by and between each entity listed on Annex I attached hereto (the “Fund”) and The Bank of New York Mellon (“BNY”).

ETFis SERIES TRUST I AMENDMENT TO SCHEDULE A TO THE ADVISORY AGREEMENT
Advisory Agreement • February 28th, 2020 • ETFis Series Trust I

THIS AMENDMENT (the “Amendment”) effective January 1, 2020, to Schedule A to the Advisory Agreement, dated as of June 4, 2015 (the “Advisory Agreement”), is entered into by and between ETFis SERIES TRUST I (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Adviser”).

ETFIS SERIES TRUST I FIFTH AMENDMENT TO THE ADVISORY AGREEMENT
Advisory Agreement • July 8th, 2016 • ETFis Series Trust I

THIS FIFTH AMENDMENT dated as of the 8th day of July, 2016, to the Advisory Agreement, dated as of June 4, 2015 (the “Advisory Agreement”), is entered into by and between ETFIS SERIES TRUST I (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Virtus ETF Advisers LLC (formerly Etfis Capital LLC), a Delaware limited liability company with its principal place of business at 1540 Broadway, New York, NY 10036 (the “Adviser”).

ETFIS SERIES TRUST I FOURTH AMENDMENT TO THE ADMINISTRATIVE SERVICES AGREEMENT
Administrative Services Agreement • December 8th, 2015 • ETFis Series Trust I

THIS FOURTH AMENDMENT dated as of the 8th day of December, 2015, to the Administrative Services Agreement, dated as of August 6, 2013 (the “Administrative Services Agreement”), is entered into by and between ETFIS SERIES TRUST I, a Delaware statutory trust (the “Trust”) and VIRTUS ETF SOLUTIONS LLC (formerly ETF issuer Solutions, LLC), a Delaware limited liability company (the “Administrator”).

ETFIS SERIES TRUST I FIRST AMENDMENT TO THE DISTRIBUTION AGREEMENT
Distribution Agreement • August 21st, 2015 • ETFis Series Trust I

THIS FIRST AMENDMENT dated as of the 21st day of August, 2015, to the Distribution Agreement, dated as of December 6, 2013 (the “Distribution Agreement”), is entered into by and between ETFIS SERIES TRUST I, a Delaware statutory trust (the “Trust”), and ETF Distributors LLC, a Delaware limited liability company (the “Distributor”).

SCHEDULE II
Custody Agreement • October 16th, 2015 • ETFis Series Trust I

TO THE CUSTODY AGREEMENT, dated as of December 6, 2013 between ETFIS SERIES TRUST I (the “Trust”) and The Bank of New York Mellon (“Custodian”). As REVISED September 21, 2015

SCHEDULE II
Custody Agreement • February 28th, 2020 • ETFis Series Trust I

TO THE CUSTODY AGREEMENT, dated as of December 6, 2013 between ETFIS SERIES TRUST I (the “Trust”) and The Bank of New York Mellon (“Custodian”). AS REVISED JANUARY 31, 2019.

ETFis SERIES TRUST I AMENDMENT TO INVESTMENT SUB-ADVISORY AGREEMENT
Investment Sub-Advisory Agreement • February 28th, 2023 • ETFis Series Trust I

THIS AMENDMENT (the “Amendment”) dated as of the 1st day of April, 2019, amends that certain Investment Sub-Advisory Agreement, effective as of August 5, 2015 (the “Sub-Advisory Agreement”), by and between ETFis SERIES TRUST I (the “Trust”), a Delaware statutory trust, on behalf of its series Virtus Reaves Utilities ETF (the “Fund”), Virtus ETF Advisers LLC, a Delaware limited liability company (the “Adviser”), and W. H. Reaves & Co., Inc., doing business as Reaves Asset Management, a Delaware “S” Corporation (the “Sub-Adviser”), as follows:

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