SECOND AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Exhibit (e)(3)
SECOND AMENDMENT TO
This second amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of January 23, 2023, by and between ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ETF Trust and Foreside Fund Services, LLC (together, the “Parties”) is effective as of January 19, 2024.
WHEREAS, the Parties desire to amend Exhibit A of the Agreement to reflect an updated fund list; and
WHEREAS, Section 8(b) of the Agreement requires that all amendments and modifications to the Agreement be in writing and executed by the Parties.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Capitalized terms not otherwise defined herein shall have the meanings set forth in Agreement.
2. Exhibit A of the Agreement is hereby deleted in its entirety and replaced by Exhibit A attached hereto.
3. Except as expressly amended hereby, all of the provisions of the Agreement shall remain unamended and in full force and effect to the same extent as if fully set forth herein.
4. This Amendment shall be governed by, and the provisions of this Amendment shall be construed and interpreted under and in accordance with, the laws of the State of Delaware.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers.
| ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ETF TRUST | FORESIDE FUND SERVICES, LLC | |||
| By: | /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ | By: | /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ | |
| Name: | ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ | Name: | ▇▇▇▇▇▇ ▇▇▇▇▇ | |
| Title: | Managing Director | Title: | President | |
| Date: | 1/23/24 | Date: | 1/23/24 | |
EXHIBIT A
| • | ▇▇▇▇▇▇▇ International Responsible Index ETF |
| • | ▇▇▇▇▇▇▇ US Large-Cap Core Responsible Index ETF |
| • | Calvert US Large-Cap Diversity, Equity and Inclusion Index ETF |
| • | ▇▇▇▇▇▇▇ US Mid-Cap Core Responsible Index ETF |
| • | Calvert US Select Equity ETF |
| • | ▇▇▇▇▇▇▇ Ultra-Short Investment Grade ETF |
| • | ▇▇▇▇▇ ▇▇▇▇▇ Ultra-Short Income ETF |
| • | ▇▇▇▇▇ ▇▇▇▇▇ High Yield ETF |
| • | ▇▇▇▇▇ ▇▇▇▇▇ Intermediate Municipal Income |
| • | Parametric Equity Premium Income ETF |
| • | Parametric Hedged Equity ETF |
| • | ▇▇▇▇▇ ▇▇▇▇▇ Total Return Bond ETF |
| • | ▇▇▇▇▇ ▇▇▇▇▇ Short Duration Municipal Income ETF |
| • | ▇▇▇▇▇ ▇▇▇▇▇ Floating-Rate ETF |