0000894189-24-000306 Sample Contracts

FORM OF ETF DISTRIBUTION AGREEMENT
Form Of • January 19th, 2024 • ETF Managers Trust • Delaware

This distribution agreement (the “Agreement”) is effective this __ day of _________ 2023, and made by ETF Managers Trust, a Delaware statutory trust (the “Trust”), having its principal place of business at 30 Maple Street, Suite 2, Summit, NJ 07901, and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101.

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AMENDMENT NO. 2 TO AGREEMENT AND DECLARATION OF TRUST OF ETF MANAGERS TRUST
Agreement And • January 19th, 2024 • ETF Managers Trust

This Amendment No. 2 dated as of January 12, 2024 (herein called the “Amendment”) to that certain Agreement and Declaration of Trust of ETF Managers Trust, a Delaware statutory trust formerly known as FactorShares Trust (the “Trust”), adopted June 30, 2009, as amended as of September 24, 2009 and June 20, 2016 (as amended, supplemented, or otherwise modified, the “Trust Agreement”), by the Trustees thereunder, and by the holders of Shares to be issued by the Trust, is hereby made and entered into by the undersigned Board of Trustees. Capitalized terms used herein without definition shall have the meanings given to them in the Trust Agreement.

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