AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • June 8th, 2023 • Direxion Shares ETF Trust
This Amendment (“Amendment”) dated June 7, 2023 (“Effective Date”) is by and between Direxion Shares ETF Trust (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
AMENDMENT TO FUND ACCOUNTING AGREEMENTFund Accounting Agreement • June 8th, 2023 • Direxion Shares ETF Trust
This Amendment (“Amendment”) dated June 7, 2023 (“Effective Date”) is by and between Direxion Shares ETF Trust (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • June 8th, 2023 • Direxion Shares ETF Trust
This Amendment (“Amendment”) dated June 7, 2023 (“Effective Date”) is by and between Direxion Shares ETF Trust (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
DIREXION SHARES ETF TRUST SUBADVISORY AGREEMENTSubadvisory Agreement • June 8th, 2023 • Direxion Shares ETF Trust • Delaware
This Subadvisory Agreement (the “Agreement”), is made as of June 1, 2023 (the “Effective Date”), between Rafferty Asset Management, LLC, a Delaware limited liability company (the “Adviser”), Howard Capital Management, Inc. (the “Subadviser”) and, solely with respect to Sections 9(d) and 9(h), the Direxion Shares ETF Trust (the “Trust”).
NOVATION OF AMENDED AND RESTATED MANAGEMENT SERVICES AGREEMENT DIREXION SHARES ETF TRUSTManagement Services Agreement • June 8th, 2023 • Direxion Shares ETF Trust
This Novation of the Amended and Restated Management Services Agreement (as defined below) (“Novation”) is entered into as of June 1, 2023, by and among Rafferty Asset Management, LLC, a New York limited liability company (“New York LLC”), Rafferty Asset Management, LLC, a Delaware limited liability company (“Delaware LLC”), and Direxion Shares ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of all series of the Trust, whether now existing or hereafter established that are subject to the Agreement (as defined below) (hereinafter, “Series” shall refer to each Series which is subject to this Novation).
NOVATION OF AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT DIREXION SHARES ETF TRUSTInvestment Advisory Agreement • June 8th, 2023 • Direxion Shares ETF Trust
This Novation of the Amended and Restated Investment Advisory Agreement (as defined below) (“Novation”) is entered into as of June 1, 2023, by and among Rafferty Asset Management, LLC, a New York limited liability company (“New York LLC”), Rafferty Asset Management, LLC, a Delaware limited liability company (“Delaware LLC”), and Direxion Shares ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of all series of the Trust, whether now existing or hereafter established that are subject to the Advisory Agreement (as defined below) (hereinafter, “Series” shall refer to each Series which is subject to this Novation).
NOVATION OF FOURTH AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT DIREXION SHARES ETF TRUSTOperating Expense Limitation Agreement • June 8th, 2023 • Direxion Shares ETF Trust
This Novation of the Fourth Amended and Restated Operating Expense Limitation Agreement (as defined below) (“Novation”) is entered into as of June 1, 2023, by and among Rafferty Asset Management, LLC, a New York limited liability company (“New York LLC”), Rafferty Asset Management, LLC, a Delaware limited liability company (“Delaware LLC”), and Direxion Shares ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of all series of the Trust, whether now existing or hereafter established that are subject to the Agreement (as defined below) (hereinafter, “Series” shall refer to each Series which is subject to this Novation).
APPENDIX A Operating Expense Limitation Agreement Direxion Shares ETF TrustLimitation Agreement • June 8th, 2023 • Direxion Shares ETF Trust
Rafferty Asset Management, LLC has contractually agreed to cap all or a portion of its management fee and/or reimburse each Fund for Other Expenses through September 1, 2024, to the extent that a Fund’s Total Annual Fund Operating Expenses exceeds a Fund’s daily net assets as listed below.
NOVATION OF OPERATING SERVICES AGREEMENT DIREXION SHARES ETF TRUSTOperating Services Agreement • June 8th, 2023 • Direxion Shares ETF Trust
This Novation of the Operating Services Agreement (as defined below) (“Novation”) is entered into as of June 1, 2023, by and among Rafferty Asset Management, LLC, a New York limited liability company (“New York LLC”), Rafferty Asset Management, LLC, a Delaware limited liability company (“Delaware LLC”), and Direxion Shares ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of all series of the Trust, whether now existing or hereafter established that are subject to the Agreement (as defined below) (hereinafter, “Series” shall refer to each Series which is subject to this Novation).
