0001213900-24-009290 Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Minnesota

THIS AGREEMENT is made and entered into as of this [●] day of [●], 2024, by and between AMPLIFY ETF TRUST, a Delaware statutory trust (the “Trust”), for itself and on behalf of each of its series listed on Exhibit A to this Agreement (as amended from time to time) (each a “Fund” ), AMPLIFY INVESTMENTS LLC, the sponsor of the Funds (“Sponsor”) 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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TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Wisconsin

THIS AGREEMENT is made and entered into as of the [•] day of [•], 2024, by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”) and AMPLIFY ETF TRUST, a Delaware statutory trust (the “Trust” for itself and behalf of each of its series listed on Appendix A to this Agreement, (each a “Fund” and collectively, the “Funds”), and AMPLIFTY INVESTMENTS LLC, the Sponsor of the Funds (the “Sponsor”).

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Wisconsin

THIS AGREEMENT is made and entered into as of the [•] day of [•], 2024, by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”), AMPLIFY ETF TRUST, a Delaware statutory trust (the “Trust”), for itself and on behalf of each of its series listed on Exhibit A to this Agreement (as amended from time to time) (each a “Fund”) and AMPLIFY INVESTMENTS LLC, the sponsor of the Funds (the “Sponsor”).

FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Wisconsin

THIS AGREEMENT is made and entered into as of the 2nd day of January, 2015, by and between U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”), AMPLIFY ETF TRUST, a Delaware statutory trust (the “Trust”), for itself and on behalf of each of its series listed on Exhibit A to this Agreement (as amended from time to time) (each a “Fund” or an “ETF Series”) and AMPLIFY INVESTMENT LLC, the sponsor of the Funds (the “Sponsor”).

MARKETING AGENT AGREEMENT
Marketing Agent Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Delaware

THIS AGREEMENT is made and entered into as of this __ day of ______, 2024, by and among Amplify Commodity Trust, a Delaware statutory trust (the “Trust”), which is sponsored by Amplify Investments, LLC, a Delaware limited liability company (the “Sponsor”), and Foreside Fund Services, LLC, a Delaware limited liability company (“ACA Foreside”).

SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF AMPLIFY COMMODITY TRUST Dated as of [ ], 2024 By and Between AMPLIFY INVESTMENTS LLC as Sponsor and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee
Trust and Trust Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Delaware

This SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of AMPLIFY COMMODITY TRUST (the “Trust”) is made and entered into as of [ ], 2024, by and between Amplify Investments LLC, a Delaware limited liability company, as Sponsor, and Wilmington Trust, National Association, a Delaware national banking association, as Trustee (the “Trustee”).

EXPENSE LIMITATION AGREEMENT AMPLIFY COMMODITY TRUST
Expense Limitation Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

EXPENSE LIMITATION AGREEMENT (this “Agreement”), effective as of January 30, 2024, by and between Amplify Investments LLC (“Amplify”) and Amplify Commodity Trust (the “Trust”), on behalf of the Breakwave Tanker Shipping ETF (the “Fund”), a series of Amplify Commodity Trust (the “Trust”).

FEE WAIVER AGREEMENT AMPLIFY COMMODITY TRUST
Fee Waiver Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

FEE WAIVER AGREEMENT, effective as of January 30, 2024, by and between Amplify Investments LLC (“Amplify”) and Breakwave Advisors LLC (“Breakwave”).

SponsorSHIP TRANSFER AGREEMENT
Sponsorship Transfer Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers • Delaware

THIS AGREEMENT is made and entered into as of the 27th day of December, 2023 (“Effective Date”), by and between ETF MANAGERS CAPITAL LLC, a Delaware limited liability company (“ETFMG”) and AMPLIFY INVESTMENTS LLC, a Delaware limited liability company (“Amplify”). ETFMG and Amplify are each individually also referred to herein as a “party” and collectively as the “parties.”

ASSIGNMENT AND ASSUMPTION AGREEMENT
Assignment and Assumption Agreement • February 2nd, 2024 • ETF Managers Group Commodity Trust I • Commodity contracts brokers & dealers

This Assignment and Assumption Agreement (hereinafter referred as the “Assignment”) is made as of January 19, 2024, by and among ETF Managers Capital LLC, a Delaware limited liability company (the “Company”), Breakwave Advisors LLC, a Delaware limited liability company (“Breakwave”), and Amplify Investments LLC, a Delaware limited liability company (“Amplify”). The Company, Breakwave and Amplify are referred to herein as the “Parties.”

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