ETF DISTRIBUTION AGREEMENT
Exhibit (e)(5)
SECOND AMENDMENT TO
This second amendment (the “Amendment”) to the ETF Distribution Agreement dated as of September 30, 2021 as novated (the “Agreement”), is entered by and between AdvisorShares Trust (the “Trust”) and Foreside Fund Services, LLC (together with the Trust, the “Parties”), and made effective as of January 19, 2022.
WHEREAS, the Parties desire to amend Exhibit A of the Agreement to reflect the addition of one Fund.
WHEREAS, Section 8(b) of the Agreement requires that all amendments and modifications to the Agreement be in writing and executed by all Parties.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, 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 hereby deleted in its entirety and replaced by Exhibit A attached hereto which reflects the addition of one Fund: “AdvisorShares Let Xxx AI Powered Momentum ETF.” |
| 3. | Except as expressly amended hereby, all the provisions of the Agreement are restated 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 have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers.
| ADVISORSHARES TRUST | FORESIDE FUND SERVICES, LLC | |||
| Name: | /s/ Xxx Xxxxxx | Name: | /s/ Xxxx Xxxxxxxxx | |
| Title: | Secretary & Treasurer | Title: | Vice President | |
| Date: | January 21, 2022 | Date: | January 25, 2022 | |
EXHIBIT A
Effective as of January 19, 2022
FUNDS
AdvisorShares North Square XxXxx ESG Core Bond ETF
AdvisorShares Newfleet Multi-Sector Income ETF
AdvisorShares Ranger Equity Bear ETF
AdvisorShares North Square XxXxx Core Reserves ETF
AdvisorShares STAR Global Buy-Write ETF
AdvisorShares DoubleLine Value Equity ETF
AdvisorShares Xxxxxx Xxxxxx ADR ETF
AdvisorShares Focused Equity ETF
AdvisorShares Vice ETF
AdvisorShares Xxxxxx Xxxxxx Micro-Cap ETF
AdvisorShares Xxxxxx Xxxxxx Short ETF
AdvisorShares Pure Cannabis ETF
AdvisorShares Xxxxxx Xxxxxx Alpha Equal Weight ETF
AdvisorShares Xxxxxx Xxxxxx FSM All Cap World ETF
AdvisorShares Xxxxxx Xxxxxx FSM US Core ETF
AdvisorShares Pure US Cannabis ETF
AdvisorShares Q Portfolio Blended Allocation ETF
AdvisorShares Q Dynamic Growth ETF
AdvisorShares Alpha DNA Equity Sentiment ETF
AdvisorShares Hotel ETF
AdvisorShares Restaurant ETF
AdvisorShares Gerber Kawasaki ETF
AdvisorShares Psychedelics ETF
AdvisorShares Poseidon Dynamic Cannabis ETF
AdvisorShares Let Xxx AI Powered Momentum ETF
A-1
