2023 ETF Series Trust II Sample Contracts
ETF DISTRIBUTION AGREEMENTDistribution Agreement • October 26th, 2023 • 2023 ETF Series Trust II • Delaware
This distribution agreement (the “Agreement”) is effective this 4th day of October, 2023. and made by The 2023 ETF Series Trust II, a Delaware statutory trust (the “Trust”) having its principal place of business at Three Canal Plaza, Portland ME, 04101 and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101.
CUSTODY AGREEMENTCustody Agreement • October 26th, 2023 • 2023 ETF Series Trust II • Massachusetts
TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • October 26th, 2023 • 2023 ETF Series Trust II
THIS AGREEMENT is made as of the 10th day of October, 2023, by and between STATE STREET BANK AND TRUST COMPANY, Massachusetts trust company having its principal office and place of business at One Congress Street, Boston, Massachusetts 02114 (“State Street” or the “Transfer Agent”), and The 2023 ETF Series Trust II, a Delaware statutory trust (the “Trust”).
FORM OF AUTHORIZED PARTICIPANT AGREEMENT The 2023 ETF SERIES TRUST IIAuthorized Participant Agreement • October 26th, 2023 • 2023 ETF Series Trust II • New York
This Authorized Participant Agreement (the “Agreement”) is entered into by and between Foreside Fund Services, LLC (the “Distributor”) and (the “Participant”) and is subject to acceptance by [ ] (the “[Transfer Agent/Index Receipt Agent]”), and is further subject to acknowledgement and agreement by The 2023 ETF Series Trust II (the “Trust”), a series trust offering a number of portfolios of securities (each a “Fund” and collectively the “Funds”), solely with respect to Sections 4(c) and 12(c) herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time and included in the Trust’s Registration Statement on Form N-1A, as it may be amended from time to time, or otherwise filed with the U.S. Securities and Exchange Commission (“SEC”) (together with such Fund’s Statement of Additional Information incorporated therein, the “Prospectus”).
ADMINISTRATION AGREEMENTAdministration Agreement • October 26th, 2023 • 2023 ETF Series Trust II • Massachusetts
This Administration Agreement (“Agreement”) dated and effective as of October 10th, 2023, is by and between State Street Bank and Trust Company, a Massachusetts trust company (the “Administrator”), and The 2023 ETF Series Trust II, a Delaware statutory trust (the “Trust”).
Certain identified information has been excluded from the exhibit because it is both not material and the type that the Registrant treats as private or confidential. AMENDED AND RESTATED BOARD SUPPORT SERVICES AGREEMENT THE 2023 ETF SERIES TRUST IIBoard Support Services Agreement • October 11th, 2023 • 2023 ETF Series Trust II
FORM OF FUND OF FUNDS INVESTMENT AGREEMENTFund of Funds Investment Agreement • June 30th, 2026 • GMO ETF Trust
THIS AGREEMENT, dated as of [_], is made between [__], on behalf of its series, severally and not jointly, listed on Schedule A (each, an “Acquiring Fund”), and [_], on behalf of its series, severally and not jointly, listed on Schedule B (each, an “Acquired Fund,” and together with the Acquiring Funds, the “Funds”).
The 2023 ETF Series Trust IICustody Agreement, Administration Agreement, Transfer Agency and Service Agreement • October 28th, 2025 • GMO ETF Trust
IN WITNESS WHEREOF, the undersigned, by their authorized representatives, have executed this Annex 1 as of the last signature date set forth below.
The 2023 ETF Series Trust IICustody Agreement, Administration Agreement, Transfer Agency and Service Agreement • August 20th, 2025 • 2023 ETF Series Trust II
This is to advise you that the Trust hereby requests that the Additional Series be added to the Agreements and that, accordingly, you act as service provider to the Additional Series under the terms thereof.
GMO ETF Trust (formerly, “The 2023 ETF Series Trust II”)Custody Agreement, Administration Agreement, Transfer Agency and Service Agreement • June 30th, 2026 • GMO ETF Trust
This is to advise you that the Trust hereby requests that the Additional Series be added to the Agreements and that, accordingly, you act as service provider to the Additional Series under the terms thereof.
Certain identified information has been excluded from the exhibit because it is both not material and the type that the Registrant treats as private or confidential. FUND PEO, SECRETARY, PFO/TREASURER CCO and AMLO AGREEMENTFund Officer Services Agreement • October 11th, 2023 • 2023 ETF Series Trust II
AGREEMENT made as of August 3, 2023, by and between The 2023 ETF Series Trust II, a Delaware statutory trust, with its principal office and place of business c/o Foreside Management Services, LLC, Three Canal Plaza, Suite 100, Portland ME 04101 (the “Fund Company”), and Foreside Fund Officer Services, LLC, a Delaware limited liability company, with its principal office and place of business at Three Canal Plaza, Portland, Maine 04101 (“Foreside”).
ancillary services agreementAncillary Services Agreement • August 20th, 2025 • 2023 ETF Series Trust II • Delaware
THIS ANCILLARY SERVICES AGREEMENT (the “Agreement”) is made as of July 21, 2025, by and between The 2023 ETF Series Trust II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Grantham, Mayo, Van Otterloo & Co. LLC (the “Adviser”), a limited liability company organized under the laws of Massachusetts, with the Adviser’s principal place of business at 53 State Street, Boston, Massachusetts 02109.
FIFTH AMENDMENT TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • August 20th, 2025 • 2023 ETF Series Trust II • Delaware
This fifth amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of October 2, 2023, by and between The 2023 ETF Series Trust II and Foreside Fund Services, LLC (together, the “Parties”) is effective as of August 20, 2025.
The 2023 ETF Series Trust IICustody Agreement, Administration Agreement, and Transfer Agency and Service Agreement • October 28th, 2024 • 2023 ETF Series Trust II
This is to advise you that the Trust hereby requests that the Additional Series be added to the Agreements and that, accordingly, you act as service provider to the Additional Series under the terms thereof.
The 2023 ETF Series Trust IICustody Agreement, Administration Agreement, Transfer Agency and Service Agreement • October 28th, 2024 • 2023 ETF Series Trust II
This is to advise you that the Trust hereby requests that the Additional Series be added to the Agreements and that, accordingly, you act as service provider to the Additional Series under the terms thereof.
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • October 26th, 2023 • 2023 ETF Series Trust II • Delaware
THIS INVESTMENT ADVISORY AGREEMENT (the “Agreement”) is made as of the 16th day of October, 2023, by and between The 2023 ETF Series Trust II (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Grantham, Mayo, Van Otterloo & Co. LLC (the “Adviser”), a limited liability company organized under the laws of Massachusetts, with the Adviser’s principal place of business at 53 State Street, Boston, Massachusetts 02109.
GMO ETF Trust (formerly, “The 2023 ETF Series Trust II”)Custody Agreement, Administration Agreement, Transfer Agency and Service Agreement • June 30th, 2026 • GMO ETF Trust
This is to advise you that the Trust hereby requests that the Additional Series be added to the Agreements and that, accordingly, you act as service provider to the Additional Series under the terms thereof.
SEVENTH AMENDMENT TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • June 30th, 2026 • GMO ETF Trust • Delaware
This seventh amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of October 2, 2023, by and between GMO ETF Trust (formerly, The 2023 ETF Series Trust II) and Foreside Fund Services, LLC (together, the “Parties”) is effective as of June 30, 2026.
FIRST AMENDMENT TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • October 28th, 2024 • 2023 ETF Series Trust II • Delaware
This first amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of October 4, 2023 by and between The 2023 ETF Series Trust II and Foreside Fund Services, LLC (together, the “Parties”) is effective as of October 10, 2024.