FIRST AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Exhibit (e) (ii)
FIRST AMENDMENT TO
This First Amendment (the “Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of August 28, 2017 by and between ETF Series Solutions, a Delaware statutory trust (the “Trust”), and Foreside Fund Services, LLC, a Delaware limited liability company (“Foreside”), is entered into as of November 6, 2017 (the “Amendment Date”).
WHEREAS, Foreside and the Trust (the “Parties”) desire to amend Exhibit A of the Agreement to add an additional Fund: NYSE Xxxxxxx Oil Response ETF; and
WHEREAS, Section 8(b) of the Agreement requires that all amendments and modifications to the Agreement be in writing and executed by all 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 the Agreement.
2. Exhibit A to the Agreement is hereby deleted and replaced in its entirety 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 hereto have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers, as of the Amendment Date.
ETF SERIES SOLUTIONS | FORESIDE FUND SERVICES, LLC | |||||
By: |
/s/ Xxxxxxx X. Xxxxxxxx
|
By: |
/s/ Xxxx Xxxxxxxxx
|
|||
Name: |
Xxxxxxx X. Xxxxxxxx
|
Name: |
Xxxx Xxxxxxxxx
|
|||
Title: |
Vice President
|
Title: |
Vice President
|
EXHIBIT A
Point Bridge GOP Stock Tracker ETF
NYSE Xxxxxxx Oil Response ETF