Excess Expense Agreement Sample Contracts

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EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • August 28th, 2014 • Powershares Exchange Traded Fund Trust

Excess Expense Agreement dated as of June 16, 2011, and as amended on December 17, 2013, between POWERSHARES EXCHANGE-TRADED FUND TRUST, a Massachusetts business trust (the “Trust”) and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • September 19th, 2006 • Powershares Exchange Traded Fund Trust

WHEREAS, PowerShares Capital Management LLC is the investment adviser (the “Adviser”) of the PowerShares Exchange-Traded Fund Trust (the “Trust”);

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • December 28th, 2012 • Saratoga Advantage Trust

WHEREAS, Saratoga Capital Management, LLC is the investment manager (the"Investment Manager") of the Saratoga Advantage Trust (the “Trust");

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • August 28th, 2013 • Powershares Exchange Traded Fund Trust

Excess Expense Agreement dated as of June 16, 2011, between POWERSHARES EXCHANGE-TRADED FUND TRUST, a Massachusetts business trust (the “Trust”) and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT AS AMENDED AND RESTATED ON JANUARY 31, 2006
Excess Expense Agreement • January 31st, 2006 • Saratoga Advantage Trust

WHEREAS, Saratoga Capital Management, LLC is the investment manager (the “Investment Manager”) of the Saratoga Advantage Trust (the “Trust”);

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • December 28th, 2018 • Invesco Actively Managed Exchange-Traded Fund Trust

Excess Expense Agreement dated as of June 16, 2011, and as amended on June 4, 2018, between INVESCO EXCHANGE-TRADED FUND TRUST and INVESCO EXCHANGE-TRADED FUND TRUST II, each a Massachusetts business trust, and INVESCO ACTIVELY MANAGED EXCHANGE-TRADED FUND TRUST and INVESCO EXCHANGE-TRADED SELF-INDEXED FUND TRUST, each a Delaware statutory trust (collectively, the “Trusts”), and INVESCO CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • August 28th, 2020 • Invesco Exchange-Traded Fund Trust

Excess Expense Agreement dated as of June 16, 2011, and as amended on April 14, 2020, between INVESCO EXCHANGE-TRADED FUND TRUST and INVESCO EXCHANGE-TRADED FUND TRUST II, each a Massachusetts business trust, and INVESCO ACTIVELY MANAGED EXCHANGE-TRADED FUND TRUST and INVESCO EXCHANGE-TRADED SELF-INDEXED FUND TRUST, each a Delaware statutory trust (collectively, the “Trusts”), and INVESCO CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • August 27th, 2015 • Powershares Exchange Traded Fund Trust

Excess Expense Agreement dated as of June 16, 2011, and as amended on December 17, 2013, between POWERSHARES EXCHANGE-TRADED FUND TRUST, a Massachusetts business trust (the “Trust”) and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

AMENDED AND RESTATED EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • May 23rd, 2008 • Powershares Exchange Traded Fund Trust

Agreement as amended and restated as of April 18, 2008, between INVESCO POWERSHARES EXCHANGE-TRADED FUND TRUST, a Massachusetts business trust (the “Trust”) and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC, formerly known as PowerShares Capital Management LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • August 25th, 2023 • Invesco Exchange-Traded Fund Trust

Excess Expense Agreement dated as of June 16, 2011, and as amended on April 14, 2020 and August 28, 2023, between INVESCO EXCHANGE-TRADED FUND TRUST and INVESCO EXCHANGE-TRADED FUND TRUST II, each a Massachusetts business trust, and INVESCO ACTIVELY MANAGED EXCHANGE-TRADED FUND TRUST, a Delaware statutory trust (collectively, the “Trusts”), and INVESCO CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • August 25th, 2023 • Invesco Exchange-Traded Fund Trust II

Excess Expense Agreement dated as of June 16, 2011, and as amended on April 14, 2020 and August 28, 2023, between INVESCO EXCHANGE-TRADED FUND TRUST and INVESCO EXCHANGE-TRADED FUND TRUST II, each a Massachusetts business trust, and INVESCO ACTIVELY MANAGED EXCHANGE-TRADED FUND TRUST, a Delaware statutory trust (collectively, the “Trusts”), and INVESCO CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • September 5th, 2018 • Invesco Exchange-Traded Self-Indexed Fund Trust

Excess Expense Agreement dated as of June 16, 2011, and as amended on June 4, 2018, between INVESCO EXCHANGE-TRADED FUND TRUST and INVESCO EXCHANGE-TRADED FUND TRUST II, each a Massachusetts business trust, and INVESCO ACTIVELY MANAGED EXCHANGE-TRADED FUND TRUST and INVESCO EXCHANGE-TRADED SELF-INDEXED FUND TRUST, each a Delaware statutory trust (collectively, the “Trusts”), and INVESCO CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

AMENDED AND RESTATED EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • April 5th, 2018 • Powershares Actively Managed Exchange-Traded Fund Trust

Excess Expense Agreement dated as of June 16, 2011 , and as amended on December 19, 2017, between POWERSHARES EXCHANGE-TRADED FUND TRUST and POWERSHARES EXCHANGE-TRADED FUND TRUST II, each a Massachusetts business trust, and POWERSHARES ACTIVELY MANAGED EXCHANGE-TRADED FUND TRUST and POWERSHARES EXCHANGE-TRADED SELF-INDEXED FUND TRUST, each a Delaware statutory trust (collectively, the “Trusts”), and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT AS AMENDED AND RESTATED ON NOVEMBER 25, 2008
Excess Expense Agreement • December 31st, 2008 • Saratoga Advantage Trust

WHEREAS, Saratoga Capital Management, LLC is the investment manager (the “Investment Manager”) of the Saratoga Advantage Trust (the “Trust”);

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • November 21st, 2017 • PowerShares Exchange-Traded Self-Indexed Fund Trust

Excess Expense Agreement dated as of [ ] between POWERSHARES EXCHANGE-TRADED SELF-INDEXED FUND TRUST, a Delaware statutory trust (the “Trust”) and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • November 21st, 2017 • Powershares Actively Managed Exchange-Traded Fund Trust

Excess Expense Agreement dated as of [ ] between POWERSHARES ACTIVELY MANAGED EXCHANGE-TRADED FUND TRUST, a Delaware statutory trust (the “Trust”) and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

AMENDED AND RESTATED EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • November 21st, 2017 • Powershares Exchange Traded Fund Trust

Amended and Restated Excess Expense Agreement dated as of June 16, 2011, and as amended on December 17, 2013 and [ ], between POWERSHARES EXCHANGE-TRADED FUND TRUST, a Massachusetts business trust (the “Trust”) and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • August 25th, 2016 • Powershares Exchange Traded Fund Trust

Excess Expense Agreement dated as of June 16, 2011, and as amended on December 17, 2013, between POWERSHARES EXCHANGE-TRADED FUND TRUST, a Massachusetts business trust (the “Trust”) and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • August 25th, 2017 • Powershares Exchange Traded Fund Trust

Excess Expense Agreement dated as of June 16, 2011, and as amended on December 17, 2013, between POWERSHARES EXCHANGE-TRADED FUND TRUST, a Massachusetts business trust (the “Trust”) and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • November 21st, 2017 • PowerShares Exchange-Traded Fund Trust II

Excess Expense Agreement dated as of [ ], between POWERSHARES EXCHANGE-TRADED FUND TRUST II, a Massachusetts business trust (the “Trust”) and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

AMENDED AND RESTATED EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • April 5th, 2018 • Powershares Exchange Traded Fund Trust

Excess Expense Agreement dated as of June 16, 2011 , and as amended on December 19, 2017, between POWERSHARES EXCHANGE-TRADED FUND TRUST and POWERSHARES EXCHANGE-TRADED FUND TRUST II, each a Massachusetts business trust, and POWERSHARES ACTIVELY MANAGED EXCHANGE-TRADED FUND TRUST and POWERSHARES EXCHANGE-TRADED SELF-INDEXED FUND TRUST, each a Delaware statutory trust (collectively, the “Trusts”), and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

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EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • May 2nd, 2018 • PowerShares Exchange-Traded Fund Trust II

Excess Expense Agreement dated as of June 16, 2011, and as amended on April 19, 2018, between POWERSHARES EXCHANGE-TRADED FUND TRUST and POWERSHARES EXCHANGE-TRADED FUND TRUST II, each a Massachusetts business trust, and POWERSHARES ACTIVELY MANAGED EXCHANGE-TRADED FUND TRUST and POWERSHARES EXCHANGE-TRADED SELF-INDEXED FUND TRUST, each a Delaware statutory trust (collectively, the “Trusts”), and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • August 28th, 2012 • Powershares Exchange Traded Fund Trust

Excess Expense Agreement dated as of June 16, 2011, between POWERSHARES EXCHANGE-TRADED FUND TRUST, a Massachusetts business trust (the “Trust”) and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

AMENDED AND RESTATED EXCESS EXPENSE AGREEMENT
Excess Expense Agreement • April 5th, 2018 • PowerShares Exchange-Traded Fund Trust II

Excess Expense Agreement dated as of June 16, 2011 , and as amended on December 19, 2017, between POWERSHARES EXCHANGE-TRADED FUND TRUST and POWERSHARES EXCHANGE-TRADED FUND TRUST II, each a Massachusetts business trust, and POWERSHARES ACTIVELY MANAGED EXCHANGE-TRADED FUND TRUST and POWERSHARES EXCHANGE-TRADED SELF-INDEXED FUND TRUST, each a Delaware statutory trust (collectively, the “Trusts”), and INVESCO POWERSHARES CAPITAL MANAGEMENT LLC (the “Adviser”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940, as amended.

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