THIRD AMENDMENT TO NOVATED ETF DISTRIBUTION AGREEMENT
THIRD AMENDMENT TO NOVATED ETF DISTRIBUTION AGREEMENT
This third amendment (the “Amendment”) to the novated ETF distribution agreement effective as of September 30, 2021 (the “Agreement”), by and between Victory Portfolios II and Foreside Fund Services, LLC (together, the “Parties”), is effective as of December 6, 2022.
WHEREAS, the Parties desire to amend the Agreement to revise Exhibit A to the Agreement.
WHEREAS, pursuant to Section 8(b) of the Agreement, all amendments are required to be 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 to the Agreement is deleted in its entirety and replaced with the Exhibit A attached hereto. |
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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. |
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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.
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FORESIDE FUND SERVICES, LLC VICTORY PORTFOLIOS II |
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By: /s/ Xxxxxx XxxxxBy: /s/ Xxxxxxxxxxx Xxxx
Xxxxxx Xxxxx, President Xxxxxxxxxxx X. Xxxx, President
Date: January 26, 2023Date: January 18, 2023
EXHIBIT A
to the
ETF DISTRIBUTION AGREEEMENT
between VICTORY PORTFOLIOS II
and
FORESIDE FUND SERVICES, LLC
Fund List
VictoryShares Developed Enhanced Volatility Wtd ETF
VictoryShares Dividend Accelerator ETF
VictoryShares Emerging Market High Div Volatility Wtd ETF1
VictoryShares International High Div Volatility Wtd ETF
VictoryShares International Volatility Wtd ETF
VictoryShares US 500 Enhanced Volatility Wtd ETF
VictoryShares US 500 Volatility Wtd ETF
VictoryShares US Discovery Enhanced Volatility Wtd ETF
VictoryShares US EQ Income Enhanced Volatility Wtd ETF
VictoryShares US Large Cap High Div Volatility Wtd ETF
VictoryShares US Multi-Factor Minimum Volatility ETF
VictoryShares US Small Cap High Div Volatility Wtd ETF
VictoryShares US Small Cap Volatility Wtd ETF
VictoryShares US Value Momentum ETF
VictoryShares US Small Mid Cap Value Momentum ETF
VictoryShares International Value Momentum ETF
VictoryShares Emerging Markets Value Momentum ETF
VictoryShares USAA Core Short-Term Bond ETF3
VictoryShares USAA Core Intermediate-Term Bond ETF4
VictoryShares Nasdaq Next 50 ETF
VictoryShares ESG Corporate Bond ETF4
VictoryShares ESG Core Plus Bond ETF5
VictoryShares THB Mid Cap ESG ETF
VictoryShares WestEnd US Sector ETF
Current as of December 6, 2022
Pending liquidation effective December 28, 2022
1 VictoryShares Emerging Market High Div Volatility Wtd ETF
Pending name change effective April 2023
2 VictoryShares Core Short-Term Bond ETF
3 VictoryShares Core Intermediate-Term Bond ETF
4 VictoryShares Corporate Bond ETF
5 VictoryShares Core Plus Bond ETF
2