Operating Expense Limitation Agreement Sample Contracts

UNIFIED SERIES TRUST OPERATING EXPENSE LIMITATION AGREEMENT APPLESEED FUND
Operating Expense Limitation Agreement • January 26th, 2018 • Unified Series Trust • Ohio

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 1st day of February, 2018, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Pekin Singer Strauss Asset Management, Inc. (the “Adviser”).

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TRUST FOR PROFESSIONAL MANAGERS OPERATING EXPENSE LIMITATION AGREEMENT SMEAD VALUE FUND
Operating Expense Limitation Agreement • December 19th, 2007 • Trust for Professional Managers • Wisconsin

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 24th day of October, 2007, by and between Trust for Professional Managers, (the “Trust”), on behalf of the Smead Value Fund (the “Fund”), a series of the Trust, and Smead Capital Management, Inc., the investment adviser to the Fund (the “Adviser”).

MANAGER DIRECTED PORTFOLIOS OPERATING EXPENSE LIMITATION AGREEMENT with ARGENT CAPITAL MANAGEMENT LLC
Operating Expense Limitation Agreement • September 26th, 2018 • Manager Directed Portfolios • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made as of the September 28, 2018 by and between Manager Directed Portfolios (the “Trust”), a Delaware statutory trust, on behalf of the series of the Trust listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment adviser to the Fund, Argent Capital Management LLC (the “Adviser”), a Missouri limited liability company.

HOTCHKIS AND WILEY FUNDS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • August 29th, 2023 • Hotchkis & Wiley Funds /De/ • Delaware

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 29th day of August, 2023 by and between HOTCHKIS AND WILEY FUNDS, a Delaware statutory trust (the “Trust”), on behalf of its series listed in Appendix A below (each, a “Fund” and collectively, the “Funds”), and HOTCHKIS AND WILEY CAPITAL MANAGEMENT, LLC, a Delaware limited liability company (the “Advisor”). The Funds and the Advisor previously entered into similar Operating Expense Limitation Agreements with respect to the Funds (the “Prior Agreement”), and now desire to amend and restate the Prior Agreements. For avoidance of doubt, this Agreement supersedes and replaces the Prior Agreements.

ANGEL OAK FUNDS TRUST AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • January 22nd, 2024 • Angel Oak Funds Trust • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT, dated as of October 6, 2022, as amended and restated March 30, 2023 and December 6, 2023, is made and entered into by and between the Angel Oak Funds Trust, a Delaware statutory trust (the “Trust”), on behalf of each series of the Trust set forth on Schedule A attached hereto, which may be amended from time to time (the “Funds”), and Angel Oak Capital Advisors, LLC (the “Adviser”).

UNIFIED SERIES TRUST AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT Tactical Multi-Purpose Fund
Operating Expense Limitation Agreement • December 28th, 2023 • Unified Series Trust • Ohio

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 29th day of December, 2023, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Fisher Asset Management, LLC (the “Adviser”), and amends and restates the Operating Expense Limitation Agreement dated November 1, 2017, as amended November 30, 2021 and December 29, 2022, between the Trust and the Adviser.

TRUST FOR PROFESSIONAL MANAGERS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT with M.D. SASS, LLC
Operating Expense Limitation Agreement • September 25th, 2017 • Trust for Professional Managers • Delaware

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made effective as of the 28th day of September, 2017, by and between Trust for Professional Managers (the “Trust”), a Delaware statutory trust, on behalf of the series of the Trust listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment adviser to the Fund, M.D. Sass, LLC (the “Adviser”), a Delaware limited liability company.

OPERATING EXPENSE LIMITATION AGREEMENT CHANNEL SHORT DURATION INCOME FUND
Operating Expense Limitation Agreement • January 27th, 2021 • Unified Series Trust • Ohio

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 1st day of October, 2020, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Channel Investment Partners LLC (the “Adviser”).

UNIFIED SERIES TRUST AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT ABSOLUTE FUNDS
Operating Expense Limitation Agreement • September 15th, 2023 • Unified Series Trust • Ohio

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 9th day of September, 2023, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Absolute Investment Advisers LLC (the “Adviser”).

HEARTLAND GROUP, INC. OPERATING EXPENSE LIMITATION AGREEMENT with HEARTLAND ADVISORS, INC.
Operating Expense Limitation Agreement • January 28th, 2014 • Heartland Group Inc • Wisconsin

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made as of the 16 day of May, 2013, by and between Heartland Group, Inc. (the “Fund Company”), a Maryland Corporation, on behalf of the series of the Fund Company listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment advisor to the Fund, Heartland Advisors, Inc. (the “Advisor”), a Wisconsin corporation.

SECOND AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • December 21st, 2020 • AlphaMark Investment Trust • Ohio

THIS SECOND AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 1st day of August, 2020, by and between AlphaMark Investment Trust, an Ohio business trust (the “Trust”), on behalf of the AlphaMark Fund (the “Fund”) and Alphamark Advisors, LLC, the investment adviser of the Fund (the “Advisor”).

TRUST FOR PROFESSIONAL MANAGERS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT with FIERA CAPITAL INC.
Operating Expense Limitation Agreement • December 20th, 2018 • Trust for Professional Managers • Delaware

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made effective as of the 29th day of December, 2017, by and between Trust for Professional Managers (the “Trust”), a Delaware statutory trust, on behalf of the series of the Trust listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment adviser to the Fund, Fiera Capital Inc. (the “Adviser”), a Delaware corporation.

TRUST FOR PROFESSIONAL MANAGERS OPERATING EXPENSE LIMITATION AGREEMENT with CROSSINGBRIDGE ADVISORS, LLC
Operating Expense Limitation Agreement • June 5th, 2018 • Trust for Professional Managers • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made as of the 7th day of May, 2018, by and between Trust for Professional Managers (the “Trust”), a Delaware statutory trust, on behalf of the series of the Trust listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment adviser to the Fund, CrossingBridge Advisors, LLC (the “Adviser”), a Delaware limited liability company.

MANAGER DIRECTED PORTFOLIOS OPERATING EXPENSE LIMITATION AGREEMENT with VERT ASSET MANAGEMENT LLC
Operating Expense Limitation Agreement • November 9th, 2023 • Manager Directed Portfolios • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made as of the 17th day of August, 2023, by and between Manager Directed Portfolios (the “Trust”), a Delaware statutory trust, on behalf of the series of the Trust listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment adviser to the Fund, Vert Asset Management LLC (the “Adviser”), a California limited liability company.

UNIFIED SERIES TRUST OPERATING EXPENSE LIMITATION AGREEMENT ABSOLUTE CORE STRATEGY ETF
Operating Expense Limitation Agreement • July 28th, 2020 • Unified Series Trust • Ohio

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 1st day of July, 2020, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Absolute Investment Advisers LLC (the “Adviser”).

ANGEL OAK FUNDS TRUST OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • February 12th, 2016 • Angel Oak Funds Trust • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT, dated as of January 13, 2016, is made and entered into by and between the Angel Oak Funds Trust, a Delaware statutory trust (the “Trust”), on behalf of each series of the Trust set forth on Schedule A attached hereto, which may be amended from time to time (the “Funds”), and Angel Oak Capital Advisors, LLC (the “Adviser”).

TRUST FOR PROFESSIONAL MANAGERS OPERATING EXPENSE LIMITATION AGREEMENT BARRETT GROWTH FUND
Operating Expense Limitation Agreement • March 31st, 2011 • Trust for Professional Managers • Wisconsin

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 31st day of March, 2011, by and between Trust for Professional Managers (the “Trust”), on behalf of the series of the Trust as listed in Appendix A attached hereto (the “Fund”), and Barrett Asset Management, LLC, the investment adviser to the Fund (the “Adviser”).

UNIFIED SERIES TRUST AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT SYMONS VALUE INSTITUTIONAL FUND
Operating Expense Limitation Agreement • March 27th, 2020 • Unified Series Trust • Ohio

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 28th day of March, 2020, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Symons Capital Management, Inc. (the “Adviser”).

FIRST AMENDMENT TO THE TRUST FOR PROFESSIONAL MANAGERS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT with JENSEN INVESTMENT MANAGEMENT, INC.
Operating Expense Limitation Agreement • April 14th, 2020 • Trust for Professional Managers

THIS FIRST AMENDMENT dated as of October 23, 2019, to the Operating Expense Limitation Agreement, dated as of February 28, 2018 (the “Agreement”), is entered into by and between TRUST FOR PROFESSIONAL MANAGERS (the “Trust”), on behalf of the series of the Trust as indicated on Appendix A to the Agreement, as may be amended from time to time (each, a “Fund,” and collectively, the “Funds”), and JENSEN INVESTMENT MANAGEMENT, INC. (hereinafter called the “Adviser”).

UNIFIED SERIES TRUST AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT fisher investments institutional group all foreign equity ENVIRONMENTAL AND SOCIAL VALUES fund
Operating Expense Limitation Agreement • December 29th, 2021 • Unified Series Trust • Ohio

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 29th day of December, 2021, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Fisher Asset Management, LLC (the “Adviser”), and amends and restates the Operating Expense Limitation Agreement dated October 16 2019 between the Trust and the Adviser.

FIRST AMENDMENT TO THE TRUST FOR PROFESSIONAL MANAGERS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT with
Operating Expense Limitation Agreement • September 25th, 2015 • Trust for Professional Managers

THIS FIRST AMENDMENT dated as of August 4, 2015, to the Amended and Restated Operating Expense Limitation Agreement, dated as of January 24, 2013 (the “Agreement”), entered into by and between TRUST FOR PROFESSIONAL MANAGERS (the “Trust”), on behalf of the series of the Trust as indicated on Schedule A to the Agreement, as may be amended from time to time (each, a “Fund,” and collectively, the “Funds”), and M.D. Sass Investors Services, Inc. (hereinafter called the “Adviser”).

OPERATING EXPENSE LIMITATION AGREEMENT, dated May 23, 2014 (Amended – August 25, 2014) Appendix A
Operating Expense Limitation Agreement • September 2nd, 2014 • TCG Financial Series Trust VII

TCG Financial Series Trust VII on behalf of TCG US Government Max Money Market Fund By: /s/Jorge Coloma Name: Jorge Coloma Title: President TCG Financial Services, LLC By: /s/ Vivian Coloma Name: Vivian Coloma Title:President

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FOURTH AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT DIREXION SHARES ETF TRUST
Operating Expense Limitation Agreement • June 10th, 2019 • Direxion Shares ETF Trust • New York

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”), amends and restates the Operating Expense Limitation Agreement dated May 20, 2009, by and between DIREXION SHARES ETF TRUST, a Delaware statutory trust (the “Trust”), on behalf of each of the series listed on Appendix A hereto (each a “Fund” and collectively, the “Funds”), as such schedule may be amended from time to time, and the adviser of the Funds, Rafferty Asset Management, LLC, a New York limited liability corporation (the “Adviser”), is effective as to each Fund, as of the effective date listed on Appendix A.

UNIFIED SERIES TRUST OPERATING EXPENSE LIMITATION AGREEMENT DEAN MID CAP VALUE FUND DEAN SMALL CAP VALUE FUND
Operating Expense Limitation Agreement • July 28th, 2017 • Unified Series Trust • Ohio

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 1st day of August, 2017, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Dean Investment Associates, LLC (the “Adviser”).

PFM FUNDS AMENDMENT TO OPERATING EXPENSE LIMITATION AGREEMENT FOR INDEPENDENT SCHOOLS AND COLLEGES CLASS OF PRIME SERIES
Operating Expense Limitation Agreement • November 2nd, 2009 • PFM Funds

AMENDMENT, made this 31st day of October, 2009, to that certain agreement (“Operating Expenses Limitation Agreement”) by and between PFM FUNDS, a business trust organized under the laws of the Commonwealth of Virginia (“Trust”), on behalf of Prime Series, a separate series of the Trust and PFM Asset Management LLC (“Adviser”).

UNIFIED SERIES TRUST AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT ABSOLUTE CORE STRATEGY ETF
Operating Expense Limitation Agreement • July 28th, 2021 • Unified Series Trust • Ohio

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 31st day of July, 2021, by and between UNIFIED SERIES TRUST, an Ohio business trust (the “Trust”), on behalf of each series of the Trust set forth on Appendix A attached hereto (each a “Fund” and collectively the “Funds”) and the investment adviser of the Funds, Absolute Investment Advisers LLC (the “Adviser”).

TRUST FOR PROFESSIONAL MANAGERS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT PMC FUNDS
Operating Expense Limitation Agreement • August 25th, 2009 • Trust for Professional Managers • Wisconsin

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 11th day of August, 2009, by and between Trust for Professional Managers, (the “Trust”), on behalf of the series of the Trust listed on Schedule A hereto (each a “Fund,” collectively the “PMC Funds” or “Funds”), and Envestnet Asset Management, Inc., the investment adviser to the Funds (the “Adviser”).

HOTCHKIS AND WILEY FUNDS ADDENDUM TO OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • December 30th, 2010 • Hotchkis & Wiley Funds /De/

THIS ADDENDUM TO EXPENSE CAP AGREEMENT (“Addendum”), effective as of November 17, 2010, is entered into between Hotchkis and Wiley Capital Management, LLC, as investment advisor (“Advisor”), and the Hotchkis and Wiley Funds (the “Funds”) on behalf of the Hotchkis and Wiley Capital Income Fund (the “Capital Income Fund”).

TRUST FOR PROFESSIONAL MANAGERS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT with SCHOONER INVESTMENT GROUP, LLC
Operating Expense Limitation Agreement • November 21st, 2014 • Trust for Professional Managers • Delaware

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 28th day of October, 2014, by and between Trust for Professional Managers, (the “Trust”), on behalf of each series of the Trust as listed in Schedule A attached hereto, as may be amended from time to time (each a “Fund” and together the “Funds”), and Schooner Investment Group, LLC, the investment adviser to the Funds (the “Adviser”).

PFM FUNDS OPERATING EXPENSE LIMITATION AGREEMENT FOR INDEPENDENT SCHOOLS AND COLLEGES CLASS OF PRIME SERIES
Operating Expense Limitation Agreement • May 5th, 2009 • PFM Funds • Virginia

Agreement made this 4th day of May, 2009 (the “Agreement”) by and between PFM Funds, a business trust organized under the laws of the Commonwealth of Virginia (the “Trust”), on behalf of Prime Series, a series of the Trust, and PFM Asset Management LLC (“PFMAM”), a Delaware limited liability company.

NOVATION OF AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT DIREXION FUNDS
Operating Expense Limitation Agreement • December 21st, 2023 • Direxion Funds

This Novation of the 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 Funds, a business trust organized under the laws of the Commonwealth of Massachusetts (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).

AXONIC ALTERNATIVE INCOME FUND AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT
Operating Expense Limitation Agreement • August 24th, 2023 • Axonic Alternative Income Fund • Delaware

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT, dated as of August 9, 2023, is made and entered into by and between the Axonic Alternative Income Fund, a Delaware statutory trust (the “Trust” or the “Fund”), and Axonic Capital LLC (the “Adviser”).

SARATOGA ADVANTAGE TRUST OPERATING EXPENSE LIMITATION AGREEMENT ALTERNATIVE STRATEGIES PORTFOLIO
Operating Expense Limitation Agreement • October 7th, 2010 • Saratoga Advantage Trust • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the ___ day of _____________, 2010, by and between Saratoga Advantage Trust, (the “Trust”), on behalf of the Alternative Strategies Portfolio, a series of the Trust (the “Fund”), and Ascentia Capital Partners, LLC, the investment adviser to the Fund (the “Adviser”).

TRUST FOR PROFESSIONAL MANAGERS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT SMEAD VALUE FUND
Operating Expense Limitation Agreement • December 1st, 2009 • Trust for Professional Managers • Wisconsin

THIS AMENDED AND RESTATED OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is effective as of the 16th day of November 2009, by and between Trust for Professional Managers, (the “Trust”), on behalf of the Smead Value Fund (the “Fund”), a series of the Trust, and Smead Capital Management, Inc., the investment adviser to the Fund (the “Adviser”).

TRUST FOR PROFESSIONAL MANAGERS OPERATING EXPENSE LIMITATION AGREEMENT with DEARBORN PARTNERS, L.L.C.
Operating Expense Limitation Agreement • June 27th, 2018 • Trust for Professional Managers • Delaware

THIS OPERATING EXPENSE LIMITATION AGREEMENT (the “Agreement”) is made as of the 1st day of January, 2018, by and between Trust for Professional Managers (the “Trust”), a Delaware statutory trust, on behalf of the series of the Trust listed in Schedule A hereto, as may be amended from time to time (the “Fund”), and the investment adviser to the Fund, Dearborn Partners, L.L.C. (the “Adviser”), an Illinois limited liability company.

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