Cushing ETF Trust Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • December 7th, 2018 • Cushing ETF Trust • Delaware

THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between Cushing ETF Trust, a Delaware 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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DISTRIBUTION AGREEMENT
Distribution Agreement • December 7th, 2018 • Cushing ETF Trust • New York

THIS DISTRIBUTION AGREEMENT (the “Agreement’) is made as of the last date on the signature page, by and between Cushing ETF Trust (the “Trust”), a Delaware statutory trust and Quasar Distributors, LLC (the “Distributor”), a Delaware limited liability company. Cushing Asset Management, LP, the investment advisor to the Trust (the “Adviser”), is a party hereto with respect to Article 5 only.

INVESTMENT MANAGEMENT AGREEMENT ENTERED INTO BETWEEN CUSHING ETF TRUST AND CUSHING ASSET MANAGEMENT, LP
Investment Management Agreement • October 16th, 2018 • Cushing ETF Trust • Texas

This Investment Management Agreement (the "Agreement") is entered into as of August 30, 2018 by and between Cushing ETF Trust (the "Trust"), a statutory trust duly organized and existing under the laws of the State of Delaware, on behalf of each of its series listed on Appendix A hereto (each a "Fund" or collectively "the "Funds") and Cushing Asset Management, LP, a limited partnership duly organized and existing under the laws of the State of Texas (the "Investment Adviser").

THE CUSHING ETF TRUST AUTHORIZED PARTICIPANT AGREEMENT QUASAR DISTRIBUTORS, LLC MILWAUKEE, WI 53202
Authorized Participant Agreement • October 16th, 2018 • Cushing ETF Trust • Delaware

This Authorized Participant Agreement (the “Agreement”) is entered into by and between Quasar Distributors, LLC (the “Distributor”) and [ ] (the “Participant” and, together with the Distributor, the “Parties”) and is subject to acceptance by U.S. Bancorp Fund Services, LLC (the “Index Receipt Agent”) as index receipt agent for The Cushing ETF Trust (the “Trust”).

TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • December 7th, 2018 • Cushing ETF Trust • Delaware

THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • December 7th, 2018 • Cushing ETF Trust • Wisconsin

THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between CUSHING ETF TRUST, Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

PENSERRA CAPITAL MANAGEMENT LLC SUB-ADVISORY AGREEMENT
Penserra Capital Management LLC Sub-Advisory Agreement • October 16th, 2018 • Cushing ETF Trust • New York

Sub-Advisory Agreement (this “Agreement”) entered into as of the 30th day of August, 2018, by and between Cushing Asset Management, LP, a Texas limited partnership with its principal place of business at 8117 Preston Road, Suite 440, Dallas, TX 75225 (the “Adviser”), and Penserra Capital Management LLC, a registered investment advisor organized under the laws of the State of New York (the “Sub-Adviser”).

FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • December 7th, 2018 • Cushing ETF Trust • Delaware

THIS AGREEMENT is made as of the last date on the signature page by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

Amended and Restated Agreement and Declaration of Trust of Cushing ETF Trust August 30, 2018
Amended And • October 16th, 2018 • Cushing ETF Trust • Delaware

This AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST, made at this 30th day of August, 2018 by the Trustees hereunder, and by the holders of shares of beneficial interest issued hereunder as herein after provided.

FIRST AMENDMENT to the CUSTODY AGREEMENT
Custody Agreement • December 7th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Custody Agreement is made as of November 26, 2018 by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”), CUSHING ASSET MANAGEMENT, LP, the investment adviser to the Trust (the “Adviser”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

FIRST AMENDMENT to the TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • December 7th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Transfer Agent Servicing Agreement is made as of November 26, 2018 by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”), CUSHING ASSET MANAGEMENT, LP, the investment adviser to the Trust (the “Adviser”) and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U. S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”).

Letterhead of Cushing Asset Management, LP]
Cushing ETF Trust • October 16th, 2018
FIRST AMENDMENT to the DISTRIBUTION AGREEMENT
Distribution Agreement • November 28th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Distribution Agreement is made as of November 26, 2018 by and between by and between Cushing ETF Trust (the “Trust”), a Delaware statutory trust, Quasar Distributors, LLC (the “Distributor”), a Delaware limited liability company and Cushing Asset Management, LP, the investment advisor to the Trust (the “Adviser”).

FIRST AMENDMENT to the FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • December 7th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Fund Administration Servicing Agreement is made as of November 26, 2018 by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”), CUSHING ASSET MANAGEMENT, LP, the investment adviser to the Trust (the “Adviser”) and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U. S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”).

FIRST AMENDMENT to the FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • December 7th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Fund Accounting Servicing Agreement is made as of November 26, 2018 by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”), CUSHING ASSET MANAGEMENT, LP, the investment adviser to the Trust (the “Adviser”) and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U. S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”).

FIRST AMENDMENT to the TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • November 28th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Transfer Agent Servicing Agreement is made as of November 26, 2018 by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”), CUSHING ASSET MANAGEMENT, LP, the investment adviser to the Trust (the “Adviser”) and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U. S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”).

FIRST AMENDMENT to the CUSTODY AGREEMENT
Custody Agreement • November 28th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Custody Agreement is made as of November 26, 2018 by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”), CUSHING ASSET MANAGEMENT, LP, the investment adviser to the Trust (the “Adviser”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

FIRST AMENDMENT to the FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • November 28th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Fund Accounting Servicing Agreement is made as of November 26, 2018 by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”), CUSHING ASSET MANAGEMENT, LP, the investment adviser to the Trust (the “Adviser”) and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U. S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”).

FIRST AMENDMENT to the DISTRIBUTION AGREEMENT
Distribution Agreement • December 7th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Distribution Agreement is made as of November 26, 2018 by and between by and between Cushing ETF Trust (the "Trust"), a Delaware statutory trust, Quasar Distributors, LLC (the "Distributor"), a Delaware limited liability company and Cushing Asset Management, LP, the investment advisor to the Trust (the "Adviser").

FIRST AMENDMENT to the FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • November 28th, 2018 • Cushing ETF Trust

THIS FIRST AMENDMENT to the Fund Administration Servicing Agreement is made as of November 26, 2018 by and between CUSHING ETF TRUST, a Delaware statutory trust (the “Trust”), CUSHING ASSET MANAGEMENT, LP, the investment adviser to the Trust (the “Adviser”) and U.S. BANCORP FUND SERVICES, LLC d/b/a/ U. S. Bank Global Fund Services, a Wisconsin limited liability company (“Fund Services”).

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