THIRD AMENDMENT TO ETF DISTRIBUTION AGREEMENT
THIRD AMENDMENT TO
This third amendment (the “Amendment”) to the ETF Distribution Agreement dated as of May 31, 2017 (the “Agreement”), by and between Strategy Shares (the “Trust”), and Foreside Fund Services, LLC (the “Distributor”), is effective as of November 1, 2019 (the “Effective Date”).
WHEREAS, the Trust and Distributor (the “Parties”) desire to amend Exhibit A to the Agreement to reflect the addition of two Funds; and
WHEREAS, pursuant to Section 8(b) of the Agreement, all amendments are required to be made in writing and executed by the Parties.
NOW THEREFORE, 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 of the Agreement is hereby deleted in its entirety and replaced by Exhibit A attached hereto which includes the addition of Strategy Shares Newfound/ReSolve Robust Momentum ETF and Day Xxxxx/Xxx Xxxxx Research Smart Sector 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.
By: /s/ Xxxxx Xxxxxxxx
Name: Xxxxx Xxxxxxxx
Title: President
FORESIDE FUND SERVICES, LLC
By: /s/ Xxxx Xxxxxxxxx
Name: Xxxx Xxxxxxxxx
Title: Vice President
Exhibit A
As of November 1, 2019
Funds:
Strategy Shares U.S. Market Rotation Strategy ETF
Strategy Shares Ecological Strategy ETF
Strategy Shares Nasdaq 7 HANDL™ Index ETF
Strategy Shares Nasdaq 5 HANDL™ Index ETF
Strategy Shares Drawbridge Dynamic Allocation ETF
Strategy Shares Newfound/ReSolve Robust Momentum ETF
Day Xxxxx/Xxx Xxxxx Research Smart Sector ETF
