NINTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Exhibit (e)(3)
NINTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT
This ninth amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) novated as of September 30, 2021 by and between Simplify Exchange Traded Funds (“Trust”) and Foreside Financial Services, LLC (“Foreside”) is entered into with effect as of October 23, 2023 (the “Effective Date”).
WHEREAS, Trust and Foreside (“Parties”) desire to amend Exhibit A of the Agreement to reflect the addition of funds; 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. |
| 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.
| SIMPLIFY EXCHANGE TRADED FUNDS | FORESIDE FINANCIAL SERVICES, LLC | |||
| By: | /s/ Xxxx Xxx | By: | /s/ Xxxxxx Xxxxx | |
| Xxxx Xxx, President | Xxxxxx Xxxxx, President | |||
EXHIBIT A
| 1 | Simplify US Equity PLUS Convexity ETF |
| 2 | Simplify US Equity PLUS Downside Convexity ETF |
| 3 | Simplify US Equity PLUS Upside Convexity ETF |
| 4 | Simplify Volt RoboCar Disruption and Tech ETF |
| 5 | Simplify U.S. Equity PLUS GBTC ETF |
| 6 | Simplify Volatility Premium ETF |
| 7 | Simplify Interest Rate Hedge ETF |
| 8 | Simplify Tail Risk Strategy ETF |
| 9 | Simplify Intermediate Term Treasury Futures Strategy ETF |
| 10 | Simplify Health Care ETF |
| 11 | Simplify Emerging Markets Equity PLUS Downside Convexity ETF |
| 12 | Simplify Developed Ex-US PLUS Downside Convexity ETF |
| 13 | Simplify Hedged Equity ETF |
| 14 | Simplify Macro Strategy ETF |
| 15 | Simplify High Yield PLUS Credit Hedge ETF |
| 16 | Simplify Aggregate Bond PLUS Credit Hedge ETF |
| 17 | Simplify Managed Futures Strategy ETF |
| 18 | Simplify Bitcoin Strategy PLUS Income ETF |
| 19 | Simplify Short Term Treasury Futures Strategy ETF |
| 20 | Simplify Enhanced Income ETF |
| 21 | Simplify Stable Income ETF |
| 22 | Simplify Propel Opportunities ETF |
| 23 | Simplify Conservative Allocation ETF |
| 24 | Simplify Moderate Allocation ETF |
| 25 | Simplify Growth Allocation ETF |
| 26 | Simplify Income Allocation ETF |
| 27 | Simplify Commodities Strategy No K-1 ETF |
| 28 | Simplify Market Neutral Equity Long/Short ETF |
| 29 | Simplify Multi-QIS Alternative ETF |
| 30 | Simplify Opportunistic Income ETF |
| 31 | Simplify MBS ETF |
| 32 | Simplify US Equity PLUS QIS ETF |
