Initial Capital Agreement Sample Contracts

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INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • March 1st, 2007 • Highland Funds I

THIS INITIAL CAPITAL AGREEMENT (the “Agreement”) is entered into as of ___, 2007, by and between Highland Capital Management, L.P., a Delaware limited partnership (the “Purchaser”), and Highland Funds I, a Delaware statutory trust (the “Trust”), on behalf of its investment portfolio or series, Highland High Income Fund (the “Fund”). The parties to this Agreement hereby agree as follows:

THIRDLINE REAL ESTATE INCOME FUND INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • June 1st, 2021 • Thirdline Real Estate Income Fund

THIS AGREEMENT by and between Thirdline Real Estate Income Fund (the "Trust"), a statutory trust organized under the laws of the State of Delaware, and Thirdline Capital Management, LLC ("Subscriber").

FORM OF INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • March 23rd, 2012 • Ultimus Managers Trust
INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • September 25th, 2020 • Rimrock Funds Trust

Rimrock Funds Trust (the “Trust”), a Delaware statutory trust, and Scott Dubchansky (the “Purchaser”), hereby agree as of June 26, 2019, as follows:

INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • April 24th, 2014 • Eubel Brady & Suttman Mutual Fund Trust
INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • February 2nd, 2012 • Empyreal Investment Trust
INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • September 23rd, 2020 • VELA Funds
INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • September 30th, 2011 • Whitebox Mutual Funds

THIS INITIAL CAPITAL AGREEMENT is entered into as of September 1, 2011 by and between Whitebox Advisors, LLC (“Purchaser”) and Whitebox Mutual Funds, a Delaware statutory trust (the “Trust”).

INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • August 18th, 2014 • Eubel Brady & Suttman Mutual Fund Trust
INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • August 31st, 2012 • First Western Funds Trust
INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • January 29th, 2019 • Procure ETF Trust II

THIS INITIAL CAPITAL AGREEMENT is entered into as of October 11, 2018 by and between ProcureAM LLC with its principal office at 16 Firebush Road, Levittown, Pennsylvania 19506 (“Purchaser”) and Procure ETF Trust II, a Delaware statutory trust, with its principal office at 16 Firebush Road, Levittown, Pennsylvania 19506 (the “Trust”).

INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • March 6th, 2017 • Brinker Capital Destinations Trust

Brinker Capital Destinations Trust (the “Trust”), a Delaware statutory trust, and Brinker Capital, Inc. (the “Purchaser”), a Delaware corporation, hereby agree as of January 18, 2017, as follows:

AOG Institutional Diversified Fund INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • June 23rd, 2022 • AOG Institutional Diversified Fund

THIS AGREEMENT by and between AOG Institutional Diversified Fund (the “Fund”), a statutory trust organized under the laws of the State of Delaware, and Frederick Baerenz (“Subscriber”).

INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • November 12th, 2014 • Reality Shares ETF Trust

Reality Shares ETF Trust (the “Trust”), a Delaware statutory trust, and Reality Shares, Inc. (“Company”), a corporation organized and existing under the General Corporation Law of the State of Delaware, hereby agree as of October 22, 2014 as follows:

INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • June 19th, 2020 • Siren ETF Trust
THEMES ETF TRUST INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • November 9th, 2023 • Themes ETF Trust

THIS AGREEMENT by and between Themes ETF Trust (the “Trust”), a statutory trust organized under the laws of the State of Delaware, and Jose C. Gonzalez-Navarro (“Subscriber”).

INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • December 22nd, 2015 • WP Trust
INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • January 17th, 2024 • XD Fund Trust
INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • October 17th, 2019 • Red Cedar Fund Trust
INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • July 3rd, 2023 • Texas Capital Funds Trust
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INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • September 11th, 2012 • Ultimus Managers Trust
FORM OF INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • December 23rd, 2014 • Lattice Strategies Trust

THIS INITIAL CAPITAL AGREEMENT is entered into as of , 2014 by and between Lattice Strategies LLC with its principal office at One Embarcadero Center, 23rd Floor, San Francisco, California 94111 (“Purchaser”) and Lattice Strategies Trust, a Delaware statutory trust, with its principal office at One Embarcadero Center, 23rd Floor, San Francisco, California 94111 (the “Trust”).

FORM OF INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • August 22nd, 2012 • IndexIQ Active ETF Trust

THIS INITIAL CAPITAL AGREEMENT is entered into as of _________ ____, 2012 by and between IndexIQ Advisors LLC with its principal office at 800 Westchester Drive, Suite N-611, Rye Brook, New York 10017 (“Purchaser”) and IndexIQ Active ETF Trust, a Delaware statutory trust, with its principal office at 800 Westchester Drive, Suite N-611, Rye Brook, New York 10017 (the “Trust”).

INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • August 12th, 2013 • Morgan Creek Series Trust

THIS INITIAL CAPITAL AGREEMENT is entered into as of July 9, 2013, between Morgan Creek Capital Management, LLC with its principal office at 301 West Barbee Chapel Road, Suite 200, Chapel Hill, North Carolina 27517 (“Purchaser”) and Morgan Creek Series Trust, a Delaware statutory trust, with its principal office at 301 West Barbee Chapel Road, Suite 200, Chapel Hill, North Carolina 27517 (the “Trust”).

FORM OF INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • February 7th, 2014 • Reality Shares ETF Trust

Reality Shares ETF Trust (the “Trust”), a Delaware statutory trust, and [insert purchaser] (“[ ]”), a [insert organizational form], hereby agree as of [insert date], as follows:

INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • December 15th, 2020 • New Age Alpha Trust
FORM OF INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • June 27th, 2019 • Rimrock Funds Trust

Rimrock Funds Trust (the “Trust”), a Delaware statutory trust, and Scott Dubchansky (the “Purchaser”), hereby agree as of [XX], 2019, as follows:

INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • December 1st, 2009 • Papp Investment Trust
INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • November 22nd, 2006 • Highland Funds I

THIS INITIAL CAPITAL AGREEMENT (the “Agreement”) is entered into as of November 20, 2006, by and between Highland Capital Management, L.P., a Delaware limited partnership (the “Purchaser”), and Highland Funds I, a Delaware statutory trust (the “Trust”), on behalf of its investment portfolio or series, Highland Equity Opportunities Fund (the “Fund”). The parties to this Agreement hereby agree as follows:

FORM OF INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • October 20th, 2015 • Pointbreak ETF Trust

THIS INITIAL CAPITAL AGREEMENT is entered into as of October 16, 2015 by and between POINTBREAK ADVISERS LLC with its principal office at 915 Creed Road, Oakland CA 94610 (“Purchaser”) and POINTBREAK ETF TRUST, a Delaware statutory trust, with its principal office at 915 Creed Road, Oakland, CA 94610 (the “Trust”).

INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • March 2nd, 2010 • Papp Investment Trust
FORM OF INITIAL CAPITAL AGREEMENT
Initial Capital Agreement • May 5th, 2017 • GraniteShares ETF Trust

THIS INITIAL CAPITAL AGREEMENT is entered into as of April 21, 2017 by and between GraniteShares Advisors LLC, with its principal office at 30 Vesey Street, 9th Floor, New York, New York 10007 (“Purchaser”), and GraniteShares ETF Trust, a Delaware statutory trust, with its principal office at 30 Vesey Street, 9th Floor, New York, New York (the “Trust”).

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