ETF DISTRIBUTION AGREEMENTEtf Distribution 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.
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”).
CUSTODY AGREEMENTCustody Agreement • October 26th, 2023 • 2023 ETF Series Trust II • Massachusetts
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 IIServices Agreement • October 11th, 2023 • 2023 ETF Series Trust II
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 AGREEMENTAgreement • 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”).
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.
