The Advisory Agreement Sample Contracts

AMENDMENT TO THE ADVISORY AGREEMENT BETWEEN RYDEX SERIES FUNDS AND PADCO ADVISORS, INC.
The Advisory Agreement • January 28th, 2010 • Rydex Series Funds
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AMENDMENT NO. 2 TO THE ADVISORY AGREEMENT
The Advisory Agreement • March 30th, 2015 • Meritage Futures Fund L.P. • Commodity contracts brokers & dealers • New York

This AMENDMENT NO. 2 (the “Amendment) dated effective as of January 1, 2015 to the ADVISORY AGREEMENT made as of the 1st day of April, 2008, among CERES MANAGED FUTURES LLC (formerly Demeter Management Corporation), a Delaware limited liability company (the “Trading Manager”), MORGAN STANLEY SMITH BARNEY BORONIA I, LLC (formerly Morgan Stanley Managed Futures GMF I, LLC), a Delaware limited liability company (the “Trading Company”) and BORONIA CAPITAL PTY LTD. (formerly Grinham Managed Funds Pty. Ltd.), a New South Wales, Australia proprietary limited company (the “Trading Advisor”), as amended by that certain Amendment No. 1 to the Advisory Agreement dated as of January 1, 2013 (the “First Amendment”) among the Trading Manager, the Trading Company and the Trading Advisor (as so amended, the “Advisory Agreement”).

AMENDMENT NO. 1 TO THE ADVISORY AGREEMENT
The Advisory Agreement • May 14th, 2013 • LV Futures Fund L.P. • Commodity contracts brokers & dealers

This AMENDMENT NO. 1 dated as of the 1st day of January 2013 to the ADVISORY AGREEMENT made as of the 1st day of April, 2008, among CERES MANAGED FUTURES LLC (formerly Demeter Management Corporation), a Delaware limited liability company (the “Trading Manager”), MORGAN STANLEY SMITH BARNEY BORONIA I, LLC (formerly Morgan Stanley Managed Futures GMF I, LLC), a Delaware limited liability company (the “Trading Company”) and BORONIA CAPITAL PTY LTD. (formerly Grinham Managed Funds Pty. Ltd.), a New South Wales, Australia proprietary limited company (the “Trading Advisor”).

AMENDMENT NO. 1 TO THE ADVISORY AGREEMENT
The Advisory Agreement • May 14th, 2014 • LV Futures Fund L.P. • Commodity contracts brokers & dealers

This AMENDMENT NO. 1 dated as of the 1st day of January 2013 to the ADVISORY AGREEMENT made as of the 1st day of April, 2008, among CERES MANAGED FUTURES LLC (formerly Demeter Management Corporation), a Delaware limited liability company (the “Trading Manager”), MORGAN STANLEY SMITH BARNEY BORONIA I, LLC (formerly Morgan Stanley Managed Futures GMF I, LLC), a Delaware limited liability company (the “Trading Company”) and BORONIA CAPITAL PTY LTD. (formerly Grinham Managed Funds Pty. Ltd.), a New South Wales, Australia proprietary limited company (the “Trading Advisor”).

AMENDMENT TO THE ADVISORY AGREEMENT
The Advisory Agreement • March 27th, 2013 • Meritage Futures Fund L.P. • Commodity contracts brokers & dealers

This AMENDMENT dated as of March 1, 2012 to the ADVISORY AGREEMENT made as of the 30th day of April, 2007, among CERES MANAGED FUTURES LLC (formerly Demeter Management Corporation), a Delaware limited liability company (the “Trading Manager”), MORGAN STANLEY SMITH BARNEY KAISER I, LLC (formerly Morgan Stanley Managed Futures Kaiser I, LLC), a Delaware limited liability company (the “Trading Company”) and KAISER TRADING GROUP PTY. LTD., a private company organized under the laws of Australia (the “Trading Advisor”).

AMENDMENT TO THE ADVISORY AGREEMENT
The Advisory Agreement • January 6th, 2012 • LV Futures Fund L.P. • Commodity contracts brokers & dealers

This AMENDMENT dated as of the 1st day of January 2012 to the ADVISORY AGREEMENT made as of the 30th day of April, 2007, among CERES MANAGED FUTURES LLC (formerly Demeter Management Corporation), a Delaware limited liability company (the “Trading Manager”), MORGAN STANLEY SMITH BARNEY WNT I, LLC (formerly Morgan Stanley Managed Futures WCM I, LLC), a Delaware limited liability company (the “Trading Company”) and WINTON CAPITAL MANAGEMENT LIMITED, a United Kingdom company (the “Trading Advisor”).

AMENDMENT NO. 1 TO THE ADVISORY AGREEMENT
The Advisory Agreement • May 14th, 2013 • Meritage Futures Fund L.P. • Commodity contracts brokers & dealers

This AMENDMENT NO. 1 dated as of the 24th day of January 2013 to the ADVISORY AGREEMENT made as of the 30th day of April, 2007, among CERES MANAGED FUTURES LLC (formerly Demeter Management Corporation), a Delaware limited liability company (the “Trading Manager”), MORGAN STANLEY SMITH BARNEY CHESAPEAKE DIVERSIFIED I, LLC (formerly Morgan Stanley Managed Futures Chesapeake I, LLC), a Delaware limited liability company (the “Trading Company”) and CHESAPEAKE CAPITAL CORPORATION, an Illinois corporation (the “Trading Advisor”).

AMENDMENT NO. 1 TO THE ADVISORY AGREEMENT
The Advisory Agreement • April 29th, 2011 • Rydex Variable Trust

THIS AMENDMENT NO. 1 TO THE ADVISORY AGREEMENT is made as of January 3, 2011, by and between RYDEX VARIABLE TRUST (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and RYDEX ADVISORS II, LLC a Kansas limited liability company with its principal place of business at 9601 Blackwell Road, Suite 500, Rockville, Maryland, 20850 (the “Adviser”).

ASSIGNMENT OF THE ADVISORY AGREEMENT
The Advisory Agreement • December 31st, 2009 • AlphaMetrix Managed Futures III LLC (AlphaMetrix WC Diversified Series)

THIS ASSIGNMENT OF THE TRADING AGREEMENT (this “Assignment”), is made as of this __ day of December, 2008, with an effective date of January __, 2008 (“Effective Date”), by and among AM TRADING SPC, a segregated portfolio company formed under the laws of the Cayman Islands acting for and on behalf of the segregated portfolio named AM TRADING SPC- MSP 41 Segregated Portfolio (the “Assignor”) and ALPHAMETRIX WC DIVERSIFIED FUND – MT0041, an exempted company incorporated under the laws of the Cayman Islands with limited liability (the “Assignee”). All capitalised terms not defined herein shall have the same meaning as used in the Advisory Agreement entered into by the Assignor and the Trading Manager dated 25th day of May 2007 (“Advisory Agreement”).

Contract
The Advisory Agreement • December 31st, 2009 • AlphaMetrix Managed Futures III LLC (AlphaMetrix WC Diversified Series)
AMENDMENT TO THE ADVISORY AGREEMENT
The Advisory Agreement • March 28th, 2014 • Meritage Futures Fund L.P. • Commodity contracts brokers & dealers

This AMENDMENT dated as of the 1st day of January 2012 to the ADVISORY AGREEMENT made as of the 30th day of April, 2007, among CERES MANAGED FUTURES LLC (formerly Demeter Management Corporation), a Delaware limited liability company (the “Trading Manager”), MORGAN STANLEY SMITH BARNEY WNT I, LLC (formerly Morgan Stanley Managed Futures WCM I, LLC), a Delaware limited liability company (the “Trading Company”) and WINTON CAPITAL MANAGEMENT LIMITED, a United Kingdom company (the “Trading Advisor”).

FIRST AMENDMENT TO THE ADVISORY AGREEMENT
The Advisory Agreement • March 7th, 2014 • Industrial Property Trust Inc. • Real estate investment trusts

THIS FIRST AMENDMENT TO THE ADVISORY AGREEMENT (this “Amendment”), dated effective as of October 10, 2013, is entered into by and among Industrial Property Trust Inc., a Maryland corporation (the “Corporation”), Industrial Property Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership”), and Industrial Property Advisors LLC, a Delaware limited liability company (the “Advisor”). The Corporation, the Operating Partnership and the Advisor are each a “Party” and collectively, the “Parties.” Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Advisory Agreement (as defined below).

AMENDMENT NO. 1 TO THE ADVISORY AGREEMENT
The Advisory Agreement • April 29th, 2011 • Rydex Dynamic Funds

THIS AMENDMENT NO. 1 TO THE ADVISORY AGREEMENT is made as of January 3, 2011, by and between RYDEX DYNAMIC FUNDS (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and RYDEX ADVISORS, LLC, a Kansas limited liability company with its principal place of business at 9601 Blackwell Road, Suite 500, Rockville, Maryland, 20850 (the “Adviser”).

AMENDMENT TO THE ADVISORY AGREEMENT AMONG LIGHTSTONE VALUE PLUS REAL ESTATE INVESTMENT TRUST, INC., LIGHTSTONE VALUE PLUS REIT LP and LIGHTSTONE VALUE PLUS REIT LLC
The Advisory Agreement • May 15th, 2008 • Lightstone Value Plus Real Estate Investment Trust, Inc. • Real estate investment trusts • New York

This Amendment (this “Amendment”) to the Advisory Agreement dated as of April 22, 2005 (the “Advisory Agreement”), among Lightstone Value Plus Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), Lightstone Value Plus REIT LP, a Delaware limited partnership (the “OP”), and Lightstone Value Plus REIT LLC, a Delaware limited liability company (the “Advisor”), is made as of May 2, 2008 among the parties hereto. Capitalized terms used but not defined in this Amendment shall have the meanings specified in the Advisory Agreement.

AMENDED AND RESTATED ADVISORY AGREEMENT BETWEEN PRINCIPAL HEALTHCARE FINANCE LIMITED AND OMEGA HEALTHCARE INVESTORS, INC.
The Advisory Agreement • March 25th, 1998 • Omega Worldwide Inc • Operators of nonresidential buildings • Michigan
AMENDMENT NO. 2 TO THE ADVISORY AGREEMENT February 1, 2009
The Advisory Agreement • March 31st, 2009 • Toys R Us Inc • Retail-hobby, toy & game shops • New York

This Amendment No. 2 (this “Amendment”) to the Advisory Agreement among Toys “R” Us, Inc., (the “Company”), Bain Capital Partners, LLC, a Delaware limited liability company (“BCP”), Bain Capital, Ltd., a company organized under the laws of England and Wales (“BCL” and, together with BCP, “Bain”), Kohlberg Kravis Roberts & Co., L.P., a Delaware limited partnership (“KKR”), and Vornado Truck LLC, a Delaware limited liability company (“Vornado” and together with Bain and KKR, the “Advisors”), dated as of July 21, 2005, as amended on June 10, 2008 (the “Agreement”), shall become effective as of February 1, 2009. Capitalized terms used but not otherwise defined in this Amendment have the meaning given to such terms in the Reorganization Agreement and/or the Agreement, as applicable.

FORM OF AMENDMENT TO THE ADVISORY AGREEMENT Effective May 1, 2006, the Advisory Agreement between COLUMBIA FUNDS VARIABLE INSURANCE TRUST with respect to the following Funds and COLUMBIA MANAGEMENT ASSOCIATES, LLC (Advisor) is hereby amended as...
The Advisory Agreement • April 27th, 2006 • Steinroe Variable Investment Trust

Effective May 1, 2006, the Advisory Agreement between COLUMBIA FUNDS VARIABLE INSURANCE TRUST with respect to the following Funds and COLUMBIA MANAGEMENT ASSOCIATES, LLC (Advisor) is hereby amended as follows:

AMENDMENT NO. 2 TO THE ADVISORY AGREEMENT
The Advisory Agreement • March 30th, 2015 • Tactical Diversified Futures Fund L.P. • Real estate investment trusts • New York

This AMENDMENT NO. 2 (the “Amendment) dated effective as of January 1, 2015 to the ADVISORY AGREEMENT made as of the 1st day of April, 2008, among CERES MANAGED FUTURES LLC (formerly Demeter Management Corporation), a Delaware limited liability company (the “Trading Manager”), MORGAN STANLEY SMITH BARNEY BORONIA I, LLC (formerly Morgan Stanley Managed Futures GMF I, LLC), a Delaware limited liability company (the “Trading Company”) and BORONIA CAPITAL PTY LTD. (formerly Grinham Managed Funds Pty. Ltd.), a New South Wales, Australia proprietary limited company (the “Trading Advisor”), as amended by that certain Amendment No. 1 to the Advisory Agreement dated as of January 1, 2013 (the “First Amendment”) among the Trading Manager, the Trading Company and the Trading Advisor (as so amended, the “Advisory Agreement”).

AMENDMENT NO. 1 TO THE ADVISORY AGREEMENT
The Advisory Agreement • August 13th, 2014 • Diversified 2000 Futures Fund L.P. • Commodity contracts brokers & dealers

This AMENDMENT NO. 1 dated as of the 1st day of July, 2014 to the ADVISORY AGREEMENT made as of the 31st day of March, 2008, (the “Advisory Agreement”), among CERES MANAGED FUTURES LLC (formerly CITIGROUP MANAGED FUTURES LLC), a Delaware limited liability company (“CMF”), DIVERSIFIED 2000 FUTURES FUND L.P. (formerly SALOMON SMITH BARNEY DIVERSIFIED 2000 FUTURES FUND L.P.), a New York limited partnership (the “Partnership”) and ECKHARDT TRADING COMPANY, an Illinois corporation (the “Advisor”) (all parties together, the “Parties”). Capitalized terms not defined herein have the meaning ascribed to such terms in the Advisory Agreement.

AMENDMENT NO. 2 TO THE ADVISORY AGREEMENT
The Advisory Agreement • April 29th, 2011 • Rydex Series Funds

THIS AMENDMENT NO. 2 TO THE ADVISORY AGREEMENT is made as of January 3, 2011, by and between RYDEX SERIES FUNDS (the “Trust”), a Delaware statutory trust registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and RYDEX ADVISORS, LLC, a Kansas limited liability company with its principal place of business at 9601 Blackwell Road, Suite 500, Rockville, Maryland, 20850 (the “Adviser”).

AMENDMENT NO. 1 TO THE ADVISORY AGREEMENT
The Advisory Agreement • August 31st, 2012 • Affinia Group Holdings Inc. • Motor vehicle parts & accessories

This Amendment No. 1 to the Advisory Agreement dated as of January 1, 2011 (the “Advisory Agreement”) among Affinia Group Inc., a Delaware corporation (the “Company”), Affinia Group Intermediate Holdings Inc., a Delaware corporation (“Intermediate”), Affinia Group Holdings Inc., a Delaware corporation (“Parent”) and Torque Capital Group LLC, a Delaware limited liability company (“Torque”) is entered into on August 30, 2012 with an effective date as of July 1, 2012.

AMENDMENT TO THE ADVISORY AGREEMENT
The Advisory Agreement • May 14th, 2013 • Polaris Futures Fund L.P. • Commodity contracts brokers & dealers

This AMENDMENT dated as of March 1, 2012 to the ADVISORY AGREEMENT made as of the 30th day of April, 2007, among CERES MANAGED FUTURES LLC (formerly Demeter Management Corporation), a Delaware limited liability company (the “Trading Manager”), MORGAN STANLEY SMITH BARNEY KAISER I, LLC (formerly Morgan Stanley Managed Futures Kaiser I, LLC), a Delaware limited liability company (the “Trading Company”) and KAISER TRADING GROUP PTY. LTD., a private company organized under the laws of Australia (the “Trading Advisor”).

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SECOND AMENDMENT TO THE ADVISORY AGREEMENT
The Advisory Agreement • October 31st, 2011 • Phillips Edison - ARC Shopping Center REIT Inc. • Real estate investment trusts

This SECOND AMENDMENT TO THE ADVISORY AGREEMENT is entered into as of October 27, 2011, by and between Phillips Edison — ARC Shopping Center REIT Inc. (the “Company”) and American Realty Capital II Advisors, LLC (the “Advisor”).

FIRST AMENDMENT TO THE ADVISORY AGREEMENT (C-1) (Cottonwood Communities)
The Advisory Agreement • May 3rd, 2019 • Cottonwood Communities, Inc. • Real estate investment trusts

This Amendment (this “Amendment”) to the Advisory Agreement among Cottonwood Communities Management, LLC, a Delaware limited liability company (“CCM”), Cottonwood Communities, Inc., a Maryland Corporation (“CCI”) and Cottonwood Communities O.P., LP, a Delaware limited partnership (“CCI OP”) dated August 13, 2018 (the “CCI Advisory Agreement”) is adopted by CCM, CCI and CCI OP (collectively, the “Parties”). This Amendment is effective as of March 1, 2019 (the “Effective Date”).

AMENDMENT TO THE ADVISORY AGREEMENT
The Advisory Agreement • March 28th, 2014 • Polaris Futures Fund L.P. • Commodity contracts brokers & dealers

This AMENDMENT dated as of March 1, 2012 to the ADVISORY AGREEMENT made as of the 30th day of April, 2007, among CERES MANAGED FUTURES LLC (formerly Demeter Management Corporation), a Delaware limited liability company (the “Trading Manager”), MORGAN STANLEY SMITH BARNEY KAISER I, LLC (formerly Morgan Stanley Managed Futures Kaiser I, LLC), a Delaware limited liability company (the “Trading Company”) and KAISER TRADING GROUP PTY. LTD., a private company organized under the laws of Australia (the “Trading Advisor”).

AMENDMENT NO. 1 TO THE ADVISORY AGREEMENT
The Advisory Agreement • March 30th, 2015 • Tactical Diversified Futures Fund L.P. • Real estate investment trusts

This AMENDMENT NO. 1 dated as of the 1st day of January 2013 to the ADVISORY AGREEMENT made as of the 1st day of April, 2008, among CERES MANAGED FUTURES LLC (formerly Demeter Management Corporation), a Delaware limited liability company (the “Trading Manager”), MORGAN STANLEY SMITH BARNEY BORONIA I, LLC (formerly Morgan Stanley Managed Futures GMF I, LLC), a Delaware limited liability company (the “Trading Company”) and BORONIA CAPITAL PTY LTD. (formerly Grinham Managed Funds Pty. Ltd.), a New South Wales, Australia proprietary limited company (the “Trading Advisor”).

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