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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 8/16/23 Collaborative Inv Series Trust 485BPOS 8/16/23 15:2.3M Quality EDGAR So… LLC/FA → Goose Hollow Enhanced Equity ETF ⇒ GHEE → Goose Hollow Multi-Strategy Income ETF ⇒ GHMS |
Document/Exhibit Description Pages Size
1: 485BPOS Post-Effective Amendment of a Form N-1 or N-1A HTML 854K
Registration
2: EX-99.(D)(XXII) Management Agreement HTML 82K
3: EX-99.(H)(XXXII) Operating Expense Limitation Ag HTML 22K
4: EX-99.(I)(I) Legal Opinion and Consent of Thompson Hine HTML 15K
10: R1 Risk/Return Summary HTML 154K
11: R4 Risk/Return Detail Data HTML 236K
13: XML IDEA XML File -- Filing Summary XML 16K
12: XML XBRL Instance -- ghte-485bpos_081623_htm XML 178K
6: EX-101.CAL XBRL Calculations -- ghte-20230816_cal XML 26K
7: EX-101.DEF XBRL Definitions -- ghte-20230816_def XML 158K
8: EX-101.LAB XBRL Labels -- ghte-20230816_lab XML 393K
9: EX-101.PRE XBRL Presentations -- ghte-20230816_pre XML 416K
5: EX-101.SCH XBRL Schema -- ghte-20230816 XSD 35K
14: JSON XBRL Instance as JSON Data -- MetaLinks 105± 212K
15: ZIP XBRL Zipped Folder -- 0001387131-23-009905-xbrl Zip 223K
Collaborative Investment Series Trust 485BPOS
Exhibit 99(h)(xxxii)
COLLABORATIVE INVESTMENT SERIES TRUST
OPERATING EXPENSES LIMITATION AGREEMENT
GOOSE HOLLOW CAPITAL MANGEMENT LLC
THIS OPERATING EXPENSES LIMITATION AGREEMENT (the “Agreement”) by and between COLLABORATIVE INVESTMENT SERIES TRUST, a Delaware statutory trust (the “Trust”), on behalf of Goose Hollow Multi-Strategy Income ETF and Goose Hollow Enhanced Equity ETF (each a “Fund” and collectively the “Funds”) each a series of the Trust and the Advisor, Goose Hollow Capital Management LLC (the “Advisor”).
WITNESSETH:
WHEREAS, the Advisor renders advice and services to the Funds pursuant to the terms and provisions of an Investment Advisory Agreement between the Trust and the Advisor dated August 16, 2023 (the “Investment Advisory Agreement”);
WHEREAS, the Funds are responsible for, and have assumed the obligation for, payment of certain expenses pursuant to the Investment Advisory Agreement that have not been assumed by the Advisor; and
WHEREAS, the Advisor desires to limit each Fund’s Operating Expenses (as that term is defined in Paragraph 2 of this Agreement) pursuant to the terms and provisions of this Agreement, and the Trust (on behalf of the Funds) desires to allow the Advisor to implement those limits;
NOW THEREFORE, in consideration of the covenants and the mutual promises hereinafter set forth, the parties, intending to be legally bound hereby, mutually agree as follows:
1. Limit on Operating Expenses. The Advisor hereby agrees to limit each Fund's current Operating Expenses to an annual rate, expressed as a percentage of a share classes’ average daily net assets, to the amounts listed in Appendix A (the "Annual Limit") for the time periods indicated. In the event that the current Operating Expenses of a Fund, as accrued each month, exceed the respective Annual Limit, the Advisor will, as needed, waive its fees and pay to the Fund, on a monthly basis, the excess expense within 30 days of being notified that an excess expense payment is due.
2. Definition. For purposes of this Agreement, the term “Operating Expenses” with respect to the Funds, is defined to include all expenses necessary or appropriate for the operation of the Funds and including the Advisor’s investment advisory or management fee detailed in the Investment Advisory Agreement, but does not include (i) front-end or contingent deferred loads, (ii) portfolio transaction and other investment-related costs (including brokerage fees and commissions), (iii) acquired fund fees and expenses, (iv) fees and expenses associated with instruments in other collective investment vehicles or derivative instruments (including for example options and swap fees and expenses); (v) borrowing costs (such as interest and dividend expense on securities sold short), (vi) taxes, (vii) other fees related to underlying investments, (such as option fees and expenses or swap fees and expenses); or (viii) extraordinary expenses such as litigation (which may include indemnification of Fund officers and trustees or contractual indemnification of Fund service providers (other than the Advisor)).
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3. Reimbursement of Fees and Expenses. The Advisor retains its right to receive reimbursement of any excess expense payments paid by it pursuant to this Agreement for three years from the date on which the waiver or reimbursement occurs, if such reimbursement can be achieved within the lesser of the Operating Expense Limitations listed in Appendix A or the expense limits in place at the time of recoupment. The Advisor’s right to receive such reimbursement shall survive the termination of either this Agreement or the Investment Advisory Agreement.
4. Term. This Agreement shall become effective on the date specified herein and shall remain in effect until at least January 31, 2025 unless sooner terminated as provided in Paragraph 5 of this Agreement.
5. Termination. This Agreement may be terminated at any time, and without payment of any penalty, by the Board of Trustees of the Trust, on behalf of the Funds, upon sixty (60) days’ written notice to the Advisor. This Agreement may not be terminated by the Advisor without the consent of the Board of Trustees of the Trust. This Agreement will automatically terminate, with respect to the Funds listed in Appendix A if the Investment Advisory Agreement for the Funds is terminated, with such termination effective upon the effective date of the Investment Advisory Agreement’s termination for the Funds.
6. Assignment. This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.
7. Severability. If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
8. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to the conflict of laws principles thereof; provided that nothing herein shall be construed to preempt, or to be inconsistent with, any federal law, regulation or rule, including the Investment Company Act of 1940 and the Investment Advisers Act of 1940 and any rules and regulations promulgated thereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and attested by their duly authorized officers, all on the day and year first above written.
| COLLABORATIVE INVESTMENT | GOOSE HOLLOW CAPITAL | |||
| SERIES TRUST | MANAGEMENT LLC | |||
| By: | /s/ Gregory Skidmore | By: | /s/ Krishna Kumar | |
| Name: | Gregory Skidmore | Name: | Krishna Kumar | |
| Title: | President | Title: | Managing Member | |
Dated as of: August 16, 2023
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Appendix A
| Fund | Annualized
Percentage of Average Dailey Net Assets |
Minimum Duration |
| Goose Hollow Multi-Strategy Income ETF | 1.00% | January 31, 2025 |
| Goose Hollow Enhanced Equity ETF | 1.00% | January 31, 2025 |
A-1
| This ‘485BPOS’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| 1/31/25 | None on these Dates | |||
| Filed on / Effective on: | 8/16/23 | |||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 4/29/24 Collaborative Inv Series Trust 485BPOS 4/29/24 15:2.2M Qes, LLC/FA 4/17/24 Collaborative Inv Series Trust 485BPOS 4/17/24 18:2.5M Qes, LLC/FA 3/13/24 Collaborative Inv Series Trust 485APOS 1:738K Qes, LLC/FA 2/02/24 Collaborative Inv Series Trust 485APOS 1:799K Qes, LLC/FA 1/29/24 Collaborative Inv Series Trust 485BPOS 1/29/24 14:9.9M Qes, LLC/FA 12/04/23 Collaborative Inv Series Trust 485BPOS 12/04/23 17:12M Qes, LLC/FA 9/20/23 Collaborative Inv Series Trust 485APOS 1:763K Quality EDGAR So… LLC/FA |