VIRTUS ETF TRUST II FIrst AMENDMENT TO THE DISTRIBUTION AGREEMENT
Exhibit (e)(2)
FIrst AMENDMENT TO THE
THIS FIRST AMENDMENT dated as of the 3rd of June, 2016, to the Distribution Agreement, dated as of February 10, 2016 (the “Distribution Agreement”), is entered into by and between VIRTUS ETF TRUST II, a Delaware statutory trust (the “Trust”), and ETF Distributors LLC, a Delaware limited liability company (the “Distributor”).
WHEREAS, each of the Trust and the Distributor is a party to the Distribution Agreement; and
WHEREAS, each of the Trust and the Distributor desires to amend each of Exhibit A and Schedule I to the Distribution Agreement to reflect the addition of Virtus Enhanced DWA U.S. Equity ETF (the “Fund”) as a new series of the Trust and the appointment of the Distributor as the exclusive distributor for the Fund;
NOW, THEREFORE, the parties agree as follows:
1. Exhibit A to the Distribution Agreement is hereby deleted in its entirety and replaced with Exhibit A attached hereto.
2. Schedule I to the Distribution Agreement is hereby deleted in its entirety and replaced with Schedule I attached hereto.
3. Except to the extent amended hereby, the Distribution Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
| VIRTUS ETF TRUST II | ETF DISTRIBUTORS LLC | |||
| By: | /s/ Xxxxxxx X. Xxxxxxx | By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Xxxxxxx X. Xxxxxxx, President | Xxxxxxx X. Xxxxxxx, Managing Principal | |||
EXHIBIT A
(As of June 3, 2016)
Virtus Newfleet Dynamic Credit ETF
Virtus Japan Alpha ETF
Virtus Enhanced DWA U.S. Equity ETF
Schedule I
(As of June 3, 2016)
| Fund | Rate |
| Virtus Newfleet Dynamic Credit ETF | 1 BP on average AUM |
| Virtus Japan Alpha ETF | 1 BP on average AUM |
| Virtus Enhanced DWA U.S. Equity ETF | 1 BP on average AUM |
