SECOND AMENDMENT TO DISTRIBUTION AGREEMENT
SECOND AMENDMENT TO
This second Amendment (this “Amendment”) to the Distribution Agreement dated as of May 31, 2017 as novated (the
“Agreement”), is entered into on March 5, 2019 (the “Execution Date”) by and between Absolute Shares Trust (the “Trust”) and Foreside Fund Services, LLC (''Foreside”), with an effective date of March 5, 2019 (the “Effective Date”).
WHEREAS, Foreside and the Trust (the “Parties”) desire to amend Appendix A of the Agreement
to reflect the addition of six Funds; and
WHEREAS, Section 8(b) of the Agreement requires that all amendments and modifications to
the Agreement be in writing and executed by all parties.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties hereby agree as follows:
l. |
Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement.
|
2.
|
Appendix A to the Agreement is hereby deleted in its entirety and replaced by Appendix A attached hereto to reflect the
addition ofWBI Bul1Bear Trend Switch US Total Return ETF, WBI Bul1Bear Trend Switch US l000 ETF, WBI BullBear Trend Switch US 2000 ETF, WBI BullBear Trend Switch US 1000 Total Return ETF, WBI BullBear Trend Switch US 2000 Total Return
ETF, and WBI BullBear Trend Switch US 3000 Total Return ETF.
|
3.
|
Except as expressly amended hereby, a11 of the provisions of the Agreement are restated 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 hereto have caused this Amendment to be executed in their names and on their
behalf by and through their duly authorized officers, on the Execution Date.
FORESIDE FUND SERVICES, LLC
|
|
|
|
By: /s/ Xxx
Xxxxxxxxx, Xx.
|
By: /s/ Xxxx Xxxxxxxxx
|
Name: Xxx Xxxxxxxxx, Xx.
|
Name: Xxxx Xxxxxxxxx
|
Title: President and Principal Executive Officer
|
Vice President
|
APPENDIX A
Effective as of March 5, 2019
FUNDS
WBI BullBear Rising Income 2000 ETF
WBI BullBear Value 2000 ETF
WBI BullBear Yield 2000 ETF
WBI BullBear Quality 2000 ETF
WBI BullBear Rising Income 1000 ETF
WBI BullBear Value 1000 ETF
WBI Bu11Bear Yield 1000 ETF
WBI BullBear Quality I000 ETF
WBI BullBear Global Income ETF
WBI BullBear Global High Income ETF
WBI BullBear Global Rotation ETF
WBI Power Factor High Dividend ETF
WBI BullBear Trend Switch US Total Return ETF
WBI BullBear Trend Switch US l000 ETF
WBI Bul1Bear Trend Switch US 2000 ETF
WBI BullBear Trend Switch US 1000 Total Return ETF
WBI Bul1Bear Trend Switch US 2000 Total Return ETF
WBI BullBear Trend Switch US 3000 Total Return ETF
A-1