AMENDMENT TO SUBLICENSE AGREEMENT
Exhibit (h)(5)(A)
Xxxx Xxxxxxx EXCHANGE-TRADED FUND TRUST
AMENDMENT TO SUBLICENSE AGREEMENT
AMENDMENT made as of the ___ day of March, 2016 to the Sublicense Agreement dated September 23, 2015 (the “Agreement”), by and between Xxxx Xxxxxxx Advisers, LLC (“Xxxx Xxxxxxx”), a Delaware limited liability company and Xxxx Xxxxxxx Exchange-Traded Fund Trust, a Massachusetts business trust. In consideration of the mutual covenants contained herein, the parties agree as follows:
| 1. | CHANGE IN EXHIBIT A |
EXHIBIT A of the Agreement, which sets out the Indexes and Marks that Xxxx Xxxxxxx, through Index Providers, has the right to sublicense, is hereby amended to add Indexes and Marks related to the following new series: (i) Xxxx Xxxxxxx Multifactor Consumer Staples ETF; (ii) Xxxx Xxxxxxx Multifactor Energy ETF; (iii) Xxxx Xxxxxxx Multifactor Industrials ETF; (iv) Xxxx Xxxxxxx Multifactor Materials ETF; and (v) Xxxx Xxxxxxx Multifactor Utilities ETF. The amended and restated Exhibit A is set forth hereto.
| 2. | EFFECTIVE DATE |
This Amendment shall become effective as of the date first mentioned above.
| 3. | DEFINED TERMS |
Unless otherwise defined herein, capitalized terms used herein have the meanings specified in or pursuant to the Agreement.
| 4. | OTHER TERMS OF THE AGREEMENT |
Except as specifically amended hereby, all of the terms and conditions of the Agreement shall continue to be in full force and effect and shall be binding upon the parties in accordance with their respective terms.
(THE REMAINDER OF THIS SPACE HAS BEEN INTENTIONALLY LEFT BLANK)
| 1 |
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed under seal by their duly authorized officers as of the date first mentioned above.
| XXXX XXXXXXX ADVISERS, LLC | ||
| By: | ||
| Xxx Xxxxxxx | ||
| Senior Vice President and Chief Investment Officer | ||
| XXXX XXXXXXX EXCHANGE-TRADED FUND TRUST | ||
| By: | ||
| Xxxxxx X. Xxxxxx | ||
| President | ||
| 2 |
EXHIBIT A
| Product | Index and Xxxx(s) | Index Provider | Fees | |||
| Xxxx Xxxxxxx Multifactor Large Cap ETF |
Index: Xxxx Xxxxxxx Dimensional Large Cap Index
Marks: Xxxx Xxxxxxx; Dimensional |
Dimensional Fund Advisors LP | None | |||
| Xxxx Xxxxxxx Multifactor Mid Cap ETF |
Index: Xxxx Xxxxxxx Dimensional Mid Cap Index
Marks: Xxxx Xxxxxxx; Dimensional |
Dimensional Fund Advisors LP | None | |||
| Xxxx Xxxxxxx Multifactor Consumer Discretionary ETF |
Index: Xxxx Xxxxxxx Dimensional Consumer Discretionary Index
Marks: Xxxx Xxxxxxx; Dimensional |
Dimensional Fund Advisors LP | None | |||
| Xxxx Xxxxxxx Multifactor Financials ETF |
Index: Xxxx Xxxxxxx Dimensional Technology Index
Marks: Xxxx Xxxxxxx; Dimensional |
Dimensional Fund Advisors LP | None | |||
| Xxxx Xxxxxxx Multifactor Healthcare ETF |
Index: Xxxx Xxxxxxx Dimensional Financials Index
Marks: Xxxx Xxxxxxx; Dimensional |
Dimensional Fund Advisors LP | None | |||
| Xxxx Xxxxxxx Multifactor Technology ETF |
Index: Xxxx Xxxxxxx Dimensional Healthcare Index
Marks: Xxxx Xxxxxxx; Dimensional |
Dimensional Fund Advisors LP | None | |||
| Xxxx Xxxxxxx Multifactor Consumer Staples ETF |
Index: Xxxx Xxxxxxx Dimensional Consumer Staples Index
Marks: Xxxx Xxxxxxx; Dimensional |
Dimensional Fund Advisors LP | None | |||
| Xxxx Xxxxxxx Multifactor Energy ETF |
Index: Xxxx Xxxxxxx Dimensional Energy Index
Marks: Xxxx Xxxxxxx; Dimensional |
Dimensional Fund Advisors LP | None | |||
| Xxxx Xxxxxxx Multifactor Industrials ETF |
Index: Xxxx Xxxxxxx Dimensional Industrials Index
Marks: Xxxx Xxxxxxx; Dimensional |
Dimensional Fund Advisors LP | None |
| 3 |
| Xxxx Xxxxxxx Multifactor Materials ETF |
Index: Xxxx Xxxxxxx Dimensional Materials Index
Marks: Xxxx Xxxxxxx; Dimensional |
Dimensional Fund Advisors LP | None | |||
| Xxxx Xxxxxxx Multifactor Utilities ETF |
Index: Xxxx Xxxxxxx Dimensional Utilities Index
Marks: Xxxx Xxxxxxx; Dimensional |
Dimensional Fund Advisors LP | None |
| 4 |
