SECOND AMENDMENT TO NOVATED ETF DISTRIBUTION AGREEMENT
Exhibit (e)(5)
SECOND AMENDMENT TO NOVATED ETF DISTRIBUTION AGREEMENT
This second amendment (this “Amendment”) to the novated ETF distribution agreement dated as of September 30, 2021 (the “Agreement”), is made by and between Exchange Listed Funds Trust (the “Trust”) and Foreside Fund Services, LLC (together with the Trust, the “Parties”) and is effective on May 9, 2023.
WHEREAS, Xxxxxxxx and the Trust (the “Parties”) desire to amend Exhibit A of the Agreement.
WHEREAS, Section 8(b) of the Agreement requires that all amendments and modifications to the Agreement be in writing.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency ofwhich 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 in its entirety and replaced by Exhibit A attached hereto. |
3. | Except as expressly amended hereby, all of the provisions of the Agreement are restated 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.
EXCHANGE LISTED FUNDS TRUST | FORESIDE FUND SERVICES, LLC | |||
By: | /s/ X. Xxxxxxx Xxxxxxx | By: | /s/ Xxxxxx Xxxxx | |
Name: | X. Xxxxxxx Xxxxxxx | Name: | Xxxxxx Xxxxx | |
Title: | President | Title: | President | |
Date: | 5.9.23 | Date: | 5.9.23 |
ETF DISTRIBUTION AGREEMENT EXHIBIT A
Effective as of May 9, 2023
FUNDS
The High Yield ETF Saba Closed-End Funds ETF
Qraft AI-Enhanced
U.S. Large Cap ETF
Qraft AI-Enhanced U.S. Large Cap Momentum ETF
Armor US Equity
Index ETF
Qraft AI-Enhanced US High Dividend ETF
Cabana Target Drawdown
5 ETF
Cabana Target Drawdown 7 ETF
Cabana Target Drawdown 10 ETF
Cabana Target Drawdown 13 ETF
Cabana Target Drawdown 16 ETF
Qraft AI-Enhanced US Next Value ETF
Xxxxxxx Road Tactical Opportunity ETF
Asian Growth Cubs ETF
Gavekal Asia Pacific Government Bond ETF
Cabana Target Leading Sector Conservative ETF
Cabana Target
Leading Sector Moderate ETF
Cabana Target Leading Sector Aggressive ETF
Akros Monthly Payout ETF
QRAFT AI-Pilot U.S. Large Cap Dynamic Beta and
Income ETF