New ETF Contract definition
New ETF Contract means, if required under applicable Law or the terms of the Existing ETF Contract applicable thereto, with respect to an ETF Fund, a new investment advisory, sponsorship or similar agreement with the ETF Fund (or Buyer Fund Series that is the successor thereto) (i) to be entered into as a result of the transactions contemplated by this Agreement pursuant to the Assignment Requirements and (ii) in the case of the 40 Act ETF Funds, approved in accordance with the requirements of Section 15 of the Investment Company Act (as such requirements may be modified by applicable Law, including any effective and applicable exemptive order issued by the SEC) excluding any “interim” new advisory contract (either advisory or sub-advisory) approved in reliance on Rule 15a-4 under the Investment Company Act.