0000894189-23-009184 Sample Contracts

RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • December 21st, 2023 • Managed Portfolio Series • New York

THIS FUND OF FUNDS INVESTMENT AGREEMENT, dated as of May 16, 2023 (the “Effective Date”) by and between Managed Portfolio Series, on behalf of its series ATAC Rotation Fund, severally and not jointly (the “Acquiring Fund”), and ProShares Trust (the “Trust”), a Delaware statutory trust, on behalf of each of its current and future series other than those series identified under the caption “Precautionary Notes: Funds Not Covered by the Agreement” on https://www.proshares.com/investment_agreement.html, severally and not jointly (each, an “Acquired Fund”). Each Acquiring Fund and each Acquired Fund is referred to as a “Fund”.

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