FIRST AMENDMENT TO ETF DISTRIBUTION AGREEMENT
FIRST AMENDMENT TO
This first amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of August 1, 2023, by and between The 2023 ETF Series Trust and Foreside Fund Services, LLC (together, the “Parties”) is effective as of October 11, 2024.
WHEREAS, the Parties desire to amend Exhibit A of the Agreement to reflect an updated Funds list; 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 is 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 of the Agreement is hereby deleted in its entirety and replaced by Exhibit A attached hereto.
3. Except as expressly amended hereby, all 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 have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers.
| THE 2023 ETF SERIES TRUST | FORESIDE FUND SERVICES, LLC | ||||
| By: | /s/ Xxxxx Xxxxxxxx | By: | /s/ Xxxxxx Xxxxx | ||
| Name: | Xxxxx Xxxxxxxx | Name: | Xxxxxx Xxxxx, President | ||
| Title: | President | Title: | |||
| Date: | October 11, 2024 | Date: | 10.15.24 | ||
EXHIBIT A
Eagle
Capital Select Equity ETF
Xxxxxxx U.S. Small-Mid Cap Value ETF
Xxxxxxx International ETF
Xxxxxxx U.S. Value ETF
Atlas America Fund
Pacific NoS Global EM Equity Active ETF
