AMENDMENT 3
Exhibit (e)(2)(a)
AMENDMENT 3
This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of August 31, 2023 (the “Effective Date”):
Term | Means | |
“Existing Agreement” | The Amended and Restated Distribution Letter Agreement between ALPS and Client dated September 1, 2021, as amended | |
“ALPS” | ALPS Distributors, Inc. | |
“Client” | Xxxxxx Xxxxxxx Fund Advisors LLC |
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.
ALPS Distributors, Inc. |
Xxxxxx Xxxxxxx Fund Advisors, LLC | |||||
By: |
/s/Xxxxxxx Xxxxx |
By: |
/s/Xxxx Xxxxxxxx | |||
Name: |
Xxxxxxx Xxxxx |
Name: |
Xxxx Xxxxxxxx | |||
Title: |
SVP & Director |
Title: |
Chief Operating Officer |
Schedule A to this Amendment
Amendments
Effective as of the Effective Date, the Existing Agreement is amended as follows:
1. | “EXHIBIT A: FUNDS shall be deleted in its entirety and replaced with the following: |
“EXHIBIT A: FUNDS
Open-End Mutual Funds
iMGP Alternative Strategies Fund
iMGP Xxxxx XxXxxxx Corporate Bond Fund
iMGP Global Select Fund
iMGP High Income Fund
iMGP International Fund
iMGP Oldfield International Value Fund
iMGP SBH Focused Small Value Fund
Exchange-Traded Funds
iMGP Berkshire Dividend Growth ETF
iMGP DBi Hedge Strategy ETF
iMGP DBi Managed Futures Strategy ETF
iMGP RBA Responsible Global Allocation ETF
Xxxxx Capital Global Growth ETF
Page 2 of 3
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 Parties’ duties and obligations are governed by and limited to the express terms and conditions of this Amendment, and 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 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. |
Page 3 of 3