Common use of Premise Clause in Contracts

Premise. J.▇. ▇▇▇▇▇▇, in its capacity as custodian of the Trust has been engaged to provide custody services to the Trust and its various portfolios pursuant to the terms of a Global Custody Agreement dated as December 16, 2022, (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange- traded class of shares known as “ETF Shares” for each ETF Series. The ETF Shares shall be created in bundles called “Creation Units.” The Trust, on behalf of the ETF Series, shall create and redeem ETF Shares of each ETF Series only in Creation Units in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) and/or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, Nos. 333-266913 and 811-23820; and as authorized under Rule 6c-11 of the Investment Company Act of 1940, as amended (the “1940 Act”) or an exemptive order issued by the SEC. Only brokers or dealers that are Authorized Participants and that have entered into an Authorized Participant Agreement with the Distributor, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ to perform certain services on behalf of the Trust with respect to the creation and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCC) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series.

Premise. J.▇.▇. ▇▇▇▇▇▇, in its capacity as custodian of the Trust has been engaged to provide custody services to the Trust and its various portfolios pursuant to the terms of a Global Custody Agreement dated as December 16August 23, 2022, 2023 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange- exchange-traded class of shares known as “"ETF Shares” for each ETF Series. The ETF Shares shall be created in bundles called “Creation Units.” The Trust, on behalf of the ETF Series, shall create and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) and/or cash), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, Nos. 811-23890, 333-266913 and 811-23820273398; and as authorized under Rule 6c-11 of the Investment Company Act of 1940, as amended (the “1940 Act”) or an exemptive order issued by the SEC. Only brokers or dealers that are Authorized Participants and that have entered into an Authorized Participant Agreement with the Distributor, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇.▇. ▇▇▇▇▇▇ to perform certain services on behalf of the Trust with respect to the creation and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCC) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series.

Premise. J.▇.▇. ▇▇▇▇▇▇, in its capacity as custodian of the Trust has been engaged to provide custody services to the Trust and its various portfolios pursuant to the terms of a Global Custody Agreement dated as December 16May 7, 2022, 2014 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “the ETF Series”) an exchange- traded class of Series shares known as “ETF ETF1 Shares” for each ETF Series. The ETF Shares shall be created in bundles called “Creation Units.” The Trust, on behalf of the ETF Series, shall create and redeem ETF Shares of each ETF Series only in Creation Units in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) and/or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, NosNo. 333-266913 and 191837, 811-2382022903; and as authorized under Rule 6c-11 the Order of Exemption dated February 25, 2014 of the Securities and Exchange Commission, Investment Company Act of 1940, as amended (the “1940 Act”) or an exemptive order issued by the SECRelease No. 30927; File No. 812-13760. Only brokers or dealers that are “Authorized Participants Participants” and that have entered into an Authorized Participant Agreement with the Distributor, acting on behalf of the Trust, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇.▇. ▇▇▇▇▇▇ to perform certain services on behalf of the Trust with respect to the creation and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series.

Premise. J.▇. ▇▇▇▇▇▇Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various portfolios pursuant to the terms of a Global Custody Agreement dated as December 16February 26, 2022, 2008 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange- exchange-traded class of shares known as “ETF NETS Shares” for each Fund (each a “ETF Series”). The ETF NETS Shares shall be created issued in bundles called “Creation Units.” (hereinafter defined). The Trust, on behalf of the ETF Series, shall create issue and redeem ETF NETS Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) and/or or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, NosNo. 333-266913 and 147077; 811-2382022140; and as authorized under Rule 6c-11 the Order of Exemption dated March 17, 2008 of the Investment Company Act of 1940, as amended (the “1940 Act”) or an exemptive order issued by the SECSecurities and Exchange Commission. Only brokers or dealers that are “Authorized Participants Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the DistributorDistributor (hereinafter defined), acting on behalf of the Trust, shall be authorized to create purchase and redeem ETF NETS Shares in Creation Units from the Trust. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ Bank to perform certain services on behalf of the Trust with respect to the creation purchase and redemption of ETF NETS Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF NETS Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities and/or or cash that shall be delivered by Authorized Participants in exchange for ETF NETS Shares and the redemption of ETF NETS Shares in Creation Unit size against the delivery of Redemption Securities and/or (hereinafter defined) or cash of each ETF Series.

Premise. J.▇.▇. ▇▇▇▇▇▇, in its capacity as custodian of the Trust has been engaged to provide custody services to the Trust and its various portfolios pursuant to the terms of a Global Custody global custody Agreement dated as December 16the 19th of August, 2022, 2011 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange- exchange-traded class of shares known as “ETF ETF1 Shares” for each ETF Series. The ETF Shares shall be created in bundles called “Creation Units.” The Trust, on behalf of the ETF Series, shall create and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) and/or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, Nos. 333-266913 and No 811-2382022555; and as authorized under Rule 6c-11 the Order of Exemption dated of the Securities and Exchange Commission, Investment Company Act of 1940, as amended (the “1940 Act”) or an exemptive order issued by the SECRelease No. ; File No. . Only brokers or dealers that are “Authorized Participants Participants” and that have entered into an Authorized Participant Agreement with the Distributor, acting on behalf of the Trust, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇.▇. ▇▇▇▇▇▇ to perform certain services on behalf of the Trust with respect to the creation and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series.

Premise. J.▇. ▇▇▇▇▇▇, in its capacity as custodian of the Trust has been engaged to provide custody services to the Trust and its various portfolios pursuant to the terms of a Global Custody Agreement dated as of December 164, 2022, 2014 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange- exchange-traded class of shares known as “ETF ETF1 Shares” for each ETF Series. The ETF Shares shall be created in bundles called “Creation Units.” The Trust, on behalf of the ETF Series, shall create and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) and/or cash), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, NosNo. 333-266913 and 811-2382022986; and as authorized under Rule 6c-11 the Order of Exemption dated November 19, 2014 of the Securities and Exchange Commission, Investment Company Act of 1940, as amended (the “1940 Act”) or an exemptive order issued by the SECRelease No. 31340; File No. 812-14271. Only brokers or dealers that are “Authorized Participants Participants” and that have entered into an Authorized Participant Agreement with the Distributor, acting on behalf of the Trust, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇.▇. ▇▇▇▇▇▇ to perform certain services on behalf of the Trust with respect to the creation and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series.

Premise. J.▇. ▇▇▇▇▇▇, in its capacity as custodian of the Trust has been engaged to provide custody services to the Trust and its various portfolios pursuant to the terms of a an Amended and Restated Global Custody Agreement dated as December 16April_, 20222021, (the “Custody Agreement”). The Customer and J.▇. ▇▇▇▇▇▇ previously entered into an Agency Service Agreement dated January 28, 2021 (the “Prior Agreement”) and the parties now desire to amend and restate the Prior Agreement in its entirety. The Trust intends to issue issues in respect of its portfolios listed on Exhibit A hereto (( each a “Fund” or an “ETF Series”) an exchange- exchange-traded class of shares known as “‘‘ETF Shares” for each ETF Series. The ETF Shares shall be created in bundles called “Creation Units.” The Trust, on behalf of the ETF Series, shall create and redeem ETF Shares of each ETF Series only in Creation Units principally in cash or in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) and/or cash), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, Nos. 333N-266913 and 811-23820lA; and as authorized under Rule 6c-11 6c-l l of the Investment Company 1940 Act of 1940, as amended (the “1940 Act”) or an otherwise by exemptive order relief issued by the U.S. Securities and Exchange Commission (“SEC”). Only brokers or dealers that are Authorized Participants and that have entered into an Authorized Participant Agreement with the Distributor, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ to perform certain services on behalf of the Trust with respect to the creation and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCC) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series.

Premise. J.▇.▇. ▇▇▇▇▇▇, in its capacity as custodian of the Trust has been engaged to provide custody services to the Trust and its various portfolios pursuant to the terms of a Global Custody Agreement dated as December 1613, 2022, 2016 (the “"Custody Agreement”"). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “the ETF Series”) an exchange- traded class of Series shares known as “ETF "ETF1 Shares” " for each ETF Series. The ETF Shares shall be created in bundles called “"Creation Units.” " The Trust, on behalf of the ETF Series, shall create and redeem ETF Shares of each ETF Series only in Creation Units in kind for portfolio securities of the particular ETF Series (“"Deposit Securities”") and/or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement Registration Statement on Form N-1A, Nos. 333-266913 and No 811-23820; and as authorized under Rule 6c-11 of the Investment Company Act of 194023167, as it may be amended from time to time (the “1940 Act”) or an exemptive order issued by the SEC"Registration Statement"). Only brokers or dealers that are "Authorized Participants Participants" and that have entered into an Authorized Participant Agreement with the DistributorOrder Taker, acting on behalf of the Trust, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇.▇. ▇▇▇▇▇▇ to perform certain services on behalf of the Trust with respect to the creation and redemption of ETF Shares, as the Trust’s 's agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series. The Trust is comprised of one or more Funds, each of which represents an interest in a separate investment portfolio, but for administrative convenience only wishes to evidence its retention of ▇.▇. ▇▇▇▇▇▇ hereunder with this single agreement, notwithstanding its intention that each Fund be separately bound.

Premise. J.▇. ▇▇▇▇▇▇Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various portfolios pursuant to the terms of a Global Domestic Custody Agreement dated as December 16June 18, 2022, 2007 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange- exchange-traded class of shares known as “ETF ETF1 Shares” for each Fund (each a “ETF Series”). The ETF Shares shall be created issued in bundles called “Creation Units.” (hereinafter defined). The Trust, on behalf of the ETF Series, shall create issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) and/or cash), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, Nos. 333-266913 and 811-23820; and as authorized under Rule 6c-11 the Order of Exemption of the Investment Company Act of 1940, as amended (the “1940 Act”) or an exemptive order issued by the SECSecurities and Exchange Commission. Only brokers or dealers that are “Authorized Participants Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the DistributorDistributor (hereinafter defined), acting on behalf of the Trust, shall be authorized to create purchase and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ Bank to perform certain services on behalf of the Trust with respect to the creation purchase and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash (hereinafter defined) of each ETF Series.

Premise. J.▇.▇. ▇▇▇▇▇▇, in its capacity as custodian of the Trust has been engaged to provide custody services to the Trust and its various portfolios pursuant to the terms of a Global Custody Agreement dated as December 16__________, 2022, 2010 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios series listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange- exchange-traded class of shares known as “ETF "ETF1 Shares” for each ETF SeriesFund. The ETF Shares shall be created issued in bundles called “Creation Units.” The Trust, on behalf of the ETF SeriesFunds, shall create issue and redeem ETF Shares of each ETF Series Fund only in Creation Units principally in kind for portfolio securities of the particular ETF Series Fund (“Deposit Securities”) and/or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, Nos. 333-266913 and 811-23820No_____; and as authorized under Rule 6c-11 the Order of Exemption dated ____________ of the Securities and Exchange Commission, Investment Company Act of 1940, as amended (the “1940 Act”) or an exemptive order issued by the SECRelease No. ______; File No. _________. Only brokers or dealers that are “Authorized Participants Participants” and that have entered into an Authorized Participant Agreement with the Distributor, acting on behalf of the Trust, shall be authorized to create issue and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇.▇. ▇▇▇▇▇▇ to perform certain services on behalf of the Trust with respect to the creation and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for each Fund and its ETF Shares of each ETF SeriesShares; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size Units against the delivery of Redemption Securities and/or cash of each ETF SeriesFund.

Premise. J.▇. ▇▇▇▇▇▇Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various portfolios series pursuant to the terms of a Global Domestic Custody Agreement dated as December 16, 2022, of the date hereof (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios series listed on Exhibit A hereto hereto, as amended from time to time (each a “Fund” or an “ETF Series”) an exchange- ), exchange-traded class shares in respect of shares each such ETF Series known as “ETF Shares.” for each ETF Series. The ETF Shares shall be created issued in bundles called “Creation Units.” (hereinafter defined). The Trust, on behalf of the ETF Series, shall create issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) and/or or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, Nos. No 333-266913 and 89822; 811-2382021114; and as authorized under Rule 6c-11 the Order of Exemption dated June 13, 2006 of the Securities and Exchange Commission, Investment Company Act of 1940, as amended (the “1940 Act”) or an exemptive order issued by the SECRelease No. IC-27323; File No. 812-12354. Only brokers or dealers that are “Authorized Participants Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the DistributorDistributor (hereinafter defined), acting on behalf of the Trust, shall be authorized to create purchase and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ Bank to perform certain services on behalf of the Trust with respect to the creation purchase and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities and/or or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size Units against the delivery of “Redemption Securities and/or Securities” (hereinafter defined) or cash of each ETF Series.

Premise. J.▇. ▇▇▇▇▇▇Bank, in its capacity as custodian of the Trust has been engaged to provide U.S. domestic custody services to the Trust and its various portfolios series pursuant to the terms of a Global Domestic Custody Agreement dated as December 16, 2022, of the date hereof (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios series listed on Exhibit A hereto hereto, as amended from time to time (each a “Fund” or an “ETF Series”) an exchange- ), exchange-traded class shares in respect of shares each such ETF Series known as “ETF Shares.” for each ETF Series. The ETF Shares shall be created issued in bundles called “Creation Units.” (hereinafter defined). The Trust, on behalf of the ETF Series, shall create issue and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) and/or or cash, as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, NosNo. 333-266913 and 811-23820_____; and as authorized under Rule 6c-11 the Order of Exemption dated ____________ of the Securities and Exchange Commission, Investment Company Act of 1940, as amended (the “1940 Act”) or an exemptive order issued by the SECRelease No. ______; File No. _________. Only brokers or dealers that are “Authorized Participants Participants” (hereinafter defined) and that have entered into an Authorized Participant Agreement substantially in the form of Exhibit B hereto with the DistributorDistributor (hereinafter defined), acting on behalf of the Trust, shall be authorized to create purchase and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ Bank to perform certain services on behalf of the Trust with respect to the creation purchase and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of purchases of Creation Units against Deposit Securities and/or or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size Units against the delivery of “Redemption Securities and/or Securities” (hereinafter defined) or cash of each ETF Series.

Premise. J.▇. ▇▇▇▇▇▇, in its capacity as custodian of the Trust has been engaged to provide custody services to the Trust and its various portfolios pursuant to the terms of a Global Custody Agreement dated as December 16March 2nd, 2022, 2012 (the “Custody Agreement”). The Trust intends to issue in respect of its portfolios listed on Exhibit A hereto (each a “Fund” or an “ETF Series”) an exchange- exchange-traded class of shares known as “ETF "ETF1 Shares” for each ETF Series. The ETF Shares shall be created in bundles called “Creation Units.” The Trust, on behalf of the ETF Series, shall create and redeem ETF Shares of each ETF Series only in Creation Units principally in kind for portfolio securities of the particular ETF Series (“Deposit Securities”) and/or cash), as more fully described in the current prospectus and statement of additional information of the Trust, included in its registration statement on Form N-1A, Nos. 333-266913 and 811-23820No_______; and as authorized under Rule 6c-11 the Order of Exemption dated December 1, 2009 of the Securities and Exchange Commission, Investment Company Act of 1940, as amended (the “1940 Act”) or an exemptive order issued by the SECRelease No. 29065; File No. 812-13638. Only brokers or dealers that are “Authorized Participants Participants” and that have entered into an Authorized Participant Agreement with the Distributor, acting on behalf of the Trust, shall be authorized to create and redeem ETF Shares in Creation Units from the Trust. The Trust wishes to engage J.▇. ▇▇▇▇▇▇ to perform certain services on behalf of the Trust with respect to the creation and redemption of ETF Shares, as the Trust’s agent, namely: to provide transfer agent services for ETF Shares of each ETF Series; to act as Index Receipt Agent (as such term is defined in the rules of the NSCCNational Securities Clearing Corporation) with respect to the settlement of trade orders with Authorized Participants; to provide order taking services for creations and redemptions of Creation Units; and to provide custody services under the terms of the Custody Agreement, as supplemented hereby, for the settlement of Creation Units against Deposit Securities and/or cash that shall be delivered by Authorized Participants in exchange for ETF Shares and the redemption of ETF Shares in Creation Unit size against the delivery of Redemption Securities and/or cash of each ETF Series.