THIRD AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Exhibit 16.7(a)(1)
THIRD
AMENDMENT TO ETF
DISTRIBUTION
AGREEMENT
This third amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) novated as of September 30, 2021, by and between Investment Managers Series Trust II (“Trust”) and IMST Distributors, LLC (“Foreside”) is entered into as of ___________, 2022 (the “Effective Date”).
WHEREAS, Trust and Foreside (“Parties”) desire to amend Exhibit A of the Agreement to reflect an updated funds 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 the Exhibit A attached hereto which reflects an updated funds list. |
| 3. | Except as expressly amended hereby, all 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 Effective Date.
| INVESTMENT MANAGERS SERIES TRUST II | IMST DISTRIBUTORS, LLC | ||||
| By: | By: | ||||
| Xxxx Dam, Treasurer | Xxxx Xxxxxxxxx, Vice President | ||||
| Date: | Date: | ||||
EXHIBIT A
| Fund | Effective Date |
| Cannabis Growth ETF | September 24, 2021 |
| AXS Astoria Inflation Sensitive ETF | December 30, 2021 |
| AXS Change Finance ESG ETF | March 19, 2022 |
| AXS 2x Innovation ETF | April 4, 2022 |
| AXS Short China Internet ETF | April 4, 2022 |
| AXS De-SPAC ETF | |
| AXS First Priority CLO Bond ETF | |
| AXS FOMO ETF | |
| AXS High Yield ETF | |
| AXS Short De-SPAC Daily ETF | |
| AXS Short Innovation Daily ETF | |
| AXS SPAC and New Issue ETF | |
| AXS 2X TSLA Bear ETF | |
| AXS 2X TSLA Bull ETF | |
| AXS 2X NVDA Bear ETF | |
| AXS 2X NVDA Bull ETF | |
| AXS 2X COP Bear ETF | |
| AXS 2X COP Bull ETF | |
| AXS 2X BA Bear ETF | |
| AXS 2X XX Xxxx ETF | |
| AXS 2X PYPL Bear ETF | |
| AXS 2X PYPL Bull ETF | |
| AXS 2X WFC Bear ETF |
| AXS 2X WFC Bull ETF | |
| AXS 2X PFE Bear ETF | |
| AXS 2X PFE Bull ETF | |
| AXS 2X CRM Bear ETF | |
| AXS 2X CRM Bull ETF | |
| AXS 2X NKE Bear ETF | |
| AXS 2X NKE Bull ETF |
