FIRST AMENDMENT TO ETF DISTRIBUTION AGREEMENT
FIRST AMENDMENT TO
This first amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of September 30, 2021 by and between Xxxxxx ETF Trust and Foreside Fund Services, LLC (together, the “Parties”) is effective as of September 23, 2022.
WHEREAS, the Parties desire to amend Exhibit A of the Agreement.
WHEREAS, Section 8(b) of the Agreement requires that all amendments to the Agreement be in writing and executed by the Parties.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
| 1. | Capitalized terms not otherwise defined herein shall have the meanings set forth in 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 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 have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers.
Foreside Fund Services, LLC Xxxxxx ETF Trust
By: __/s/ Xxxxxx Xxxxx___________ By: __/s/ Xxxxxxx X. Xxxx___
Xxxxxx Xxxxx, President Name: Xxxxxxx
X. Xxxx
Vice President and Chief Legal Officer
September 23, 2022 September 23, 2022
EXHIBIT A
Xxxxxx Focused Large Cap Growth ETF
Xxxxxx Focused Large Cap Value ETF
Xxxxxx Sustainable Future ETF
Xxxxxx Sustainable Leaders ETF
Xxxxxx BDC Income ETF
Xxxxxx BioRevolution ETF
Xxxxxx Emerging Markets ex-China ETF
Xxxxxx ESG Core Bond ETF
Xxxxxx ESG High Yield ETF
Xxxxxx ESG Ultra Short ETF
Xxxxxx PanAgora ESG Emerging Markets Equity ETF
Xxxxxx PanAgora ESG International Equity ETF
