0000894189-21-003482 Sample Contracts

AMENDED AND RESTATED CUSTODY AGREEMENT
Custody Agreement • June 4th, 2021 • ETF Managers Trust • New York

THIS AMENDED AND RESTATED AGREEMENT is made and entered into as of this 1st day of May, 2021, by and between ETF MANAGERS TRUST, a Delaware statutory 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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THIRD AMENDMENT TO SECURITIES LENDING AGREEMENT
Securities Lending Agreement • June 4th, 2021 • ETF Managers Trust

THIS THIRD AMENDMENT TO SECURITIES LENDING AGREEMENT ("Third Amendment"), dated effective as of May 1, 2021 ("Effective Date"), is made and entered into by and between U.S. Bank National Association ("Bank") and ETF Managers Trust ("Trust"), on behalf of each respective series identified in Exhibit C to the Agreement (each such series hereinafter referred to as a separate "Customer").

FIRST AMENDMENT TO THE ETF MANAGERS TRUST FUND SERVICES AGREEMENT
Fund Services Agreement • June 4th, 2021 • ETF Managers Trust

THIS FIRST AMENDMENT, effective as of the last date on the signature block, to the Fund Services Agreement, dated as of May 1, 2021, (the “Agreement”), is entered into by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”) and ETF MANAGERS TRUST, a Delaware statutory trust (the “Trust”).

FIRST AMENDMENT TO THE ETF MANAGERS TRUST AMENDED AND RESTATED CUSTODY AGREEMENT
Custody Agreement • June 4th, 2021 • ETF Managers Trust

THIS FIRST AMENDMENT, effective as of the last date on the signature block, to the Amended and Restated Custody Agreement, dated as of May 1, 2021 (the “Agreement”), is entered into by and between U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”) and ETF MANAGERS TRUST, a Delaware statutory trust (the “Trust”).

Amendment No. 5 to Amended and Restated Distribution Agreement
Distribution Agreement • June 4th, 2021 • ETF Managers Trust

This Amendment No. 5, dated as of March 30, 2021 (the “Effective Date”), to the Amended and Restated Distribution Agreement (this “Amendment”), by and between ETF Managers Trust, a Delaware statutory trust (the “Trust”), and ETFMG Financial, LLC, a New Jersey limited liability company, having its principal place of business at 30 Maple Street, Suite 2, Summit, New Jersey 07901 (the “Distributor”).

FUND SERVICING AGREEMENT
Fund Servicing Agreement • June 4th, 2021 • ETF Managers Trust • New York

THIS FUND SERVICING AGREEMENT (the “Agreement”) is made and entered into as of the 1st day of May, 2021, by and between ETF MANAGERS TRUST, a Delaware statutory trust (the “Trust”), U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”), and ETF MANAGERS GROUP, LLC, a Delaware limited liability company (“ETFMG”) solely with respect to Paragraph 25 of the Agreement.

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