Fidelity Merrimack Street Trust Sample Contracts

MANAGEMENT CONTRACT between FIDELITY MERRIMACK STREET TRUST: FIDELITY LOW DURATION BOND ETF and FIDELITY MANAGEMENT & RESEARCH COMPANY LLC
Management Contract • February 9th, 2024 • Fidelity Merrimack Street Trust

AGREEMENT made this 15th day of November, 2023, by and between Fidelity Merrimack Street Trust, a Massachusetts business trust which may issue one or more series of shares of beneficial interest (hereinafter called the “Trust”), on behalf of Fidelity Low Duration Bond ETF (hereinafter called the “Fund”), and Fidelity Management & Research Company LLC, a Delaware limited liability company (hereinafter called the “Adviser”) as set forth in its entirety below.

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AMENDED and RESTATED GENERAL DISTRIBUTION AGREEMENT between FIDELITY MERRIMACK STREET TRUST and FIDELITY DISTRIBUTORS COMPANY LLC
General Distribution Agreement • December 11th, 2020 • Fidelity Merrimack Street Trust • Massachusetts

AGREEMENT AMENDED and RESTATED as of this 1st day of January, 2020, between Fidelity Merrimack Street Trust, a Massachusetts business trust having its principal place of business in Boston, Massachusetts and which may issue one or more series of beneficial interest (“Issuer”), with respect to shares of Fidelity Corporate Bond ETF, a series of the Issuer, and Fidelity Distributors Company LLC, a Delaware limited liability company having its principal place of business in Smithfield, Rhode Island (“Distributors”).

SUB-ADVISORY AGREEMENT between FMR CO., INC. and FIDELITY INVESTMENTS MONEY MANAGEMENT, INC.
Sub-Advisory Agreement • September 25th, 2014 • Fidelity Merrimack Street Trust • Massachusetts

AGREEMENT made this 18th day of September, 2014, by and between FMR Co., Inc., a Massachusetts corporation with principal offices at 245 Summer Street, Boston, Massachusetts (hereinafter called the ´´Sub-Adviser") and Fidelity Investments Money Management, Inc., a New Hampshire corporation with principal offices at 245 Summer Street, Boston, Massachusetts (hereinafter called the ´´Adviser").

GENERAL DISTRIBUTION AGREEMENT between FIDELITY MERRIMACK STREET TRUST and FIDELITY DISTRIBUTORS COMPANY LLC
General Distribution Agreement • February 9th, 2024 • Fidelity Merrimack Street Trust

AGREEMENT made this 15 day of November, 2023, between Fidelity Merrimack Street Trust, a Massachusetts business trust having its principal place of business in Boston, Massachusetts and which may issue one or more series of beneficial interest (“Issuer”), with respect to shares of Fidelity Low Duration Bond ETF, a series of the Issuer, and Fidelity Distributors Company LLC, a Delaware limited liability company having its principal place of business in Smithfield, Rhode Island (“Distributors”).

FORM OF AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • February 23rd, 2021 • Fidelity Merrimack Street Trust • Massachusetts

The Participant agrees that subject to any privacy obligations or other obligations arising under the federal or state securities laws that the Participant may have to its customers, the Participant will assist the Distributor and/or Transfer Agent in ascertaining certain information regarding sales of Shares made by or through the Participant upon the request of the Trust or the Distributor necessary for a Fund to comply with its obligations to distribute information to its shareholders, as may be required from time to time under applicable state or federal securities laws, rules and regulations. The Participant shall undertake to deliver to its customers proxy materials and annual and other reports of the Funds, or other similar information that the Funds are obligated to deliver to their shareholders, upon receiving from the Funds or the Distributor of sufficient quantities of the same to allow mailing thereof to such customers. The Participant will be responsible for providing Pros

FORM OF FIDELITY MERRIMACK STREET TRUST PARTICIPATION AGREEMENT
Participation Agreement • September 25th, 2014 • Fidelity Merrimack Street Trust

This Participation Agreement (the "Agreement") is made as of the date set forth below between Fidelity Merrimack Street Trust (the "Trust") on behalf of each series of the Trust listed on Annex A hereto (as may be amended from time to time by the Trust), and _____________________________ (the "________________"), on behalf of each of its series listed on Annex B hereto, as may be amended from time to time by the _________(each, an "Investing Fund").

Re: Custodian Agreement made as of the 1st day of January, 2007 between each of the Investment Companies listed on Appendix “A” thereto, (each a “Fund” and collectively the “Funds”) and State Street Bank and Trust Company (the “Custodian”), and the...
Side Letter Agreement • November 24th, 2023 • Fidelity Merrimack Street Trust

This letter and the enclosed (i) Appendix “A” to the Custodian Agreement (“Appendix A”) and (ii) Schedule A to the Side Letter Agreement (“Schedule A”), are being delivered to the Custodian pursuant to Section 9.06 of the Custodian Agreement and Section 5 of the Side Letter Agreement, respectively.

RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • April 11th, 2022 • Fidelity Merrimack Street Trust • Massachusetts

THIS AGREEMENT, is made this [Day] of [Month], 20__, by and [between/among] [the/each] trust identified on Schedule A, (each, an “Acquiring Trust”), on behalf of itself and its respective series identified on Schedule A[, severally and not jointly] (each, an “Acquiring Fund”), and [the/each] trust identified on Schedule B (each, an “Underlying Trust”), on behalf of itself and its respective series identified on Schedule B[, severally and not jointly] (each, an “Acquired Fund” and together with the Acquiring Fund[s], the “Funds”) ”)[, and shall be effective [January 19, 2022]].

Re: Transfer Agency and Service Agreement between each of the Investment Companies listed on Appendix “A” thereto, (each a “Trust” and collectively the “Trusts”) and State Street Bank and Trust Company (the “Transfer Agent”) made as of October 11,...
Investment Companies • November 24th, 2023 • Fidelity Merrimack Street Trust

This letter and the enclosed Appendix “A” to the Transfer Agent Agreement (“Appendix A”) are being delivered to the Transfer Agent to amend the Transfer Agent Agreement.

SEVENTEENTH AMENDMENT TO SUB-ADMINISTRATION AGREEMENT
Sub-Administration Agreement • November 24th, 2023 • Fidelity Merrimack Street Trust • Massachusetts

This Seventeenth Amendment (“Amendment”) to the Sub-Administration Agreement entered into by and between State Street Bank and Trust Company (the “Sub-Administrator”) and Fidelity Service Company, Inc. (the “Administrator”) dated and effective as of October 11, 2013 (as amended, modified, or supplemented from time to time, the “Agreement”) is hereby entered into as of November 14, 2022 and effective as of the termination date indicated for the fund. Terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

Custodian Agreement made as of the 1st day of January, 2007 between each of the Investment Companies listed on Appendix “A” thereto, (each a “Fund” and collectively the “Funds”) and State Street Bank and Trust Company (the “Custodian”), and the Side...
Letter Agreement • March 26th, 2018 • Fidelity Merrimack Street Trust

This letter and the enclosed (i) Appendix “A” to the Custodian Agreement (“Appendix A”) and (ii) Schedule A to the Side Letter Agreement (“Schedule A”), are being delivered to the Custodian pursuant to Section 9.06 of the Custodian Agreement and Section 5 of the Side Letter Agreement, respectively.

FOURTH AMENDMENT TO SUB-ADMINISTRATION AGREEMENT
Sub-Administration Agreement • March 26th, 2018 • Fidelity Merrimack Street Trust • Massachusetts

This Fourth Amendment (“Amendment”) to the Sub-Administration Agreement entered into by and between State Street Bank and Trust Company (the “Sub-Administrator”) and Fidelity Service Company, Inc. (the “Administrator”) dated and effective as of October 11, 2013 (as amended, modified, or supplemented from time to time, the “Agreement”) is hereby entered into as of January 16, 2018 (the “Amendment Effective Date”). Terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

PURCHASE AGREEMENT
Purchase Agreement • September 25th, 2014 • Fidelity Merrimack Street Trust

Purchase Agreement, dated September 18, 2014, between Fidelity Merrimack Street Trust (the "Trust"), a Massachusetts business trust that is a registered investment company under the Investment Company Act of 1940 (the "1940 Act"), and FIMM, LLC ("FIMM"), a limited liability company under the laws of the State of New Hampshire.

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