ETFIS SERIES TRUST I FIRST AMENDMENT TO THE DISTRIBUTION AGREEMENT
Exhibit (e)(2)
FIRST AMENDMENT TO THE
THIS FIRST AMENDMENT dated as of the 21st day of August, 2015, to the Distribution Agreement, dated as of December 6, 2013 (the “Distribution Agreement”), is entered into by and between ETFIS SERIES TRUST I, 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 Xxxxxx Utilities 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.
| ETFIS SERIES TRUST I | 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 August 21, 2015)
InfraCap MLP ETF
Xxxxxx Tactical Management U.S. Core ETF
BioShares Biotechnology Products Fund
BioShares Biotechnology Clinical Trials Fund
InfraCap REIT Preferred ETF
Xxxxxx Tactical Management Multi-Strategy Income ETF
Virtus Newfleet Multi-Sector Unconstrained Bond ETF
Xxxxxx Utilities ETF
Schedule I
(As of August 21, 2015)
FEES
| InfraCap MLP ETF | The greater of $30,000 or 1 BP on average AUM |
| BioShares Biotechnology Products ETF | The greater of $30,000 or 4 BP on average AUM |
| BioShares Biotechnology Clinical Trials ETF | The greater of $30,000 or 4 BP on average AUM |
| Xxxxxx Tactical Management U.S. Core ETF | The greater of $30,000 or 4 BP on average AUM |
| InfraCap REIT Preferred ETF | The greater of $15,000 or 4 BP on average AUM |
| Xxxxxx Tactical Management Multi-Strategy Income ETF | The greater of $30,000 or 4 BP on average AUM |
| Virtus Newfleet Multi-Sector Unconstrained Bond ETF | 1 BP on average AUM |
| Xxxxxx Utilities ETF | The greater of $30,000 or 4 BP on average AUM |
|
|
