SIXTH AMENDMENT TO THE ETF DISTRIBUTION AGREEMENT
SIXTH AMENDMENT TO THE
This sixth 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 (“Distributor”), is entered into as of February 5, 2021 (the “Effective Date”).
WHEREAS, Distributor and the Trust (the “Parties”) desire to amend Exhibit A of the Agreement to reflect Fund updates; 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:
l. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement.
2.Exhibit A to the Agreement is hereby deleted in its entirety and replaced by Exhibit A attached hereto which reflects the addition of one Fund: “Defiance Next Gen H2 ETF.”
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 Effective Date.
| ETF SERIES SOLUTIONS | FORESIDE FUND SERVICES, LLC | ||||
By: /s/ Xxxxxxx X. Xxxxxxxx | By: /s/ Xxxx X. Xxxxxxxxx | ||||
| Name: Xxxxxxx X. Xxxxxxxx | Name: Xxxx X. Xxxxxxxxx | ||||
| Title: Vice President and Secretary | Title: Vice President | ||||
EXHIBIT A
February 5, 2021
Point Bridge GOP Stock Tracker ETF
American Customer Satisfaction ETF
Reverse Cap Weighted U.S. Large Cap ETF
Defiance Quantum ETF
Defiance Next Gen Connectivity ETF
Defiance Nasdaq Junior Biotechnology ETF
Defiance Next Gen SPAC Derived ETF
Defiance Indxx Junior Semiconductor ETF*
Defiance Next Gen H2 ETF*
* Fund had not commenced operations as of the date of this Exhibit A
