AMENDMENT 5
Exhibit (e)(1)(v)
AMENDMENT 5
This amendment (the “Amendment”) between the parties signing below (the “Parties”) amends the Existing Agreement as of December 13, 2023 (the “Effective Date”):
Term | Means |
“Existing Agreement” | The Distribution Agreement between ALPS and each Trust dated April 16, 2018, as amended |
“ALPS” | ALPS Distributors, Inc. |
“Trust” |
Except as amended hereby, all terms of the Existing Agreement remain in full force and effect. This Amendment includes the amendments in Schedule A and general terms in Schedule B.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives.
Natixis ETF Trust | ALPS Distributors, Inc. | |||
By: | /s/ Xxxxx XxXxxx Xxxxx | By: | /s/ Xxxxxxx Xxxxx | |
Name: | Xxxxx XxXxxx Xxxxx | Name: | Xxxxxxx Xxxxx | |
Title: | Secretary & Chief Legal Officer | Title: | SVP & Director |
Natixis ETF Trust II | ||||
By: | /s/ Xxxxx XxXxxx Xxxxx | |||
Name: | Xxxxx XxXxxx Xxxxx | |||
Title: | Secretary & Chief Legal Officer |
Schedule A to this Amendment
Effective as of the Effective Date, the Existing Agreement is amended as follows:
1. | Appendix A - List of Funds to Exhibit 1 is deleted in its entirely and replaced with the following Appendix A - List of Funds: |
APPENDIX A - LIST OF FUNDS
Fund | Ticker Symbol |
Natixis Gateway Quality Income ETF | GQI |
Natixis Xxxxxx Xxxxxx Short Duration Income ETF | LSST |
Fund | Ticker Symbol |
Natixis Xxxxxx Xxxxxx Focused Growth ETF | LSGR |
Natixis Xxxxxxx Xxxxxx Select ETF | VNSE |
Natixis Xxxxxxx Xxxxxx Mid Cap ETF | VNMC |
Schedule B to this Amendment
General Terms
1. | Capitalized terms not defined herein shall have the meanings given to them in the Existing Agreement. |
2. | The Amendment shall not be modified, supplemented, amended or interpreted in accordance with, any industry custom or practice, or any internal policies or procedures of any Party. This Amendment (including any attachments, schedules and addenda hereto), along with the Existing Agreement, as amended, contains the entire agreement of the Parties and thus governs the Parties’ duties and obligations with respect to the subject matter hereof and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the Parties with respect thereto. |
3. | This Amendment may be executed in counterparts, each of which when so executed will be deemed to be an original. Such counterparts together will constitute one agreement. Signatures may be exchanged via facsimile or electronic mail and signatures so exchanged shall be binding to the same extent as if original signatures were exchanged. |
4. | This Amendment and any dispute or claim arising out of or in connection with it, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the same jurisdiction as the Existing Agreement. |