Restated Amendment No. 2 to Distribution Agreement
Restated Amendment No. 2 to Distribution Agreement
This Restated Amendment No. 2 to the Distribution Agreement (this “Amendment”), by and between Xxxxxx Xxxxxx & Xxxxxx Trust, a Massachusetts business trust (the “Trust”) and ALPS Distributors, Inc., a Colorado corporation (the “Distributor”) is dated as of December 24, 2018 (the “Effective Date”).
WHEREAS, the Trust and the Distributor entered into a Distribution Agreement dated as of April 16, 2018, as amended (the “Agreement”); and
WHEREAS, the Trust and Distributor entered into an Amendment No. 2 to the Agreement dated as of December 14, 2018 (the “2nd Amendment”);
WHEREAS, the Trust and Distributor wish to restate the 2nd Amendment as set forth herein.
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:
1. The 2nd Amendment is hereby revoked in its entirety.
2. The first clause of Exhibit A of Exhibit 1 of the Agreement shall be deleted in its entirety and replaced with the following:
“You, ALPS Distributors, Inc. are currently the distributor of shares of beneficial interest (the “Shares”) of the Trust’s Xxxxxx Xxxxxx & Xxxxxx Micro Cap Fund, Xxxxxx Xxxxxx & Xxxxxx Small Cap Value Dividend Fund, Xxxxxx Xxxxxx & Xxxxxx Small Cap Growth Fund, Xxxxxx Xxxxxx & Xxxxxx Xxxx Cap Value Dividend Fund, Xxxxxx Xxxxxx & Xxxxxx Mid Cap Value Dividend Fund, Xxxxxx Xxxxxx & Xxxxxx Large Cap Dividend Fund, Xxxxxx Xxxxxx & Xxxxxx Fundamental International Small Cap Fund, Xxxxxx Xxxxxx & Xxxxxx Global Large Cap Fund, Xxxxxx Xxxxxx & Xxxxxx Plus Bond Fund, Xxxxxx Xxxxxx & Xxxxxx Quality High Yield Fund, Xxxxxx Xxxxxx & Xxxxxx Municipal Opportunities Fund, Xxxxxx Xxxxxx & Xxxxxx Colorado Tax Free Fund, and Xxxxxx Xxxxxx & Xxxxxx Short Term Plus Fund (together, the “Funds”). This Agreement confirms that in consideration of the agreements hereinafter contained, the Trust has agreed that you shall be (or continue to be, as the case may be) for the period of this Agreement the distributor of Shares of the Funds.”
3. Except as specifically set forth herein, all other provisions of the Agreement shall remain in full force and effect. Any items not herein defined shall have the meaning ascribed to them in the Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date.
| XXXXXX XXXXXX & XXXXXX TRUST | ALPS DISTRIBUTORS, INC. | ||||
| By: | /s/ Xxxxxx X. Xxxxxx | By: | /s/ Xxxxxx X. Xxxxx | ||
| Name: | Xxxxxx X. Xxxxxx | Name: | Xxxxxx X. Xxxxx | ||
| Title: | Treasurer and Chief Compliance Officer | Title: | SVP & Director of Distribution Services | ||
