THIRD AMENDMENT TO ADVISORSHARES ETF DISTRIBUTION AGREEMENT
Exhibit (e)(4)
THIRD AMENDMENT TO
ADVISORSHARES ETF DISTRIBUTION AGREEMENT
This Third Amendment (the “Amendment”) to the AdvisorShares Trust ETF Distribution Agreement dated as of June 25, 2009, by and between AdvisorShares Trust, a Delaware statutory trust (the “Trust”) and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”) is effective as of September 13, 2010 (the “Effective Date”).
WHEREAS, is adding new Funds to the existing Funds and the Distributor desires to update Annex I of the Agreement; and
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
I. | Capitalized terms not otherwise defined herein shall have the meanings set forth in the ETF Distribution Agreement. |
II. | Exhibit A to the ETF Distribution Agreement is hereby amended and restated as provided on Appendix A attached hereto. |
III. | All other terms and conditions of the ETF Distribution Agreement remain in effect and are hereby incorporated herein by reference. |
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, as of the date set forth above.
ADVISORSHARES TRUST | FORESIDE FUND SERVICES, LLC | ||||
By: | /s/ Xxx Xxxxxx | By: | /s/ Xxxxxxx X. Xxxxxx | ||
Print Name: | Xxx Xxxxxx | Print Name: | Xxxxxxx X. Xxxxxx | ||
Title: | Chief Compliance Officer | Title: | Vice President |
APPENDIX A
AMENDED EXHIBIT A TO THE
ETF DISTRIBUTION AGREEMENT
EXHIBIT A
Effective Date: September 13, 2010
DENT TACTICAL ETF
WCM/BNY MELLON FOCUSED GROWTH ADR ETF
MARS HILL GLOBAL RELATIVE VALUE ETF
PERITUS HIGH YIELD ETF
CAMBRIA GLOBAL TACTICAL ETF (proposed effective date of 9/13/10)
THE ACTIVE BEAR (proposed effective date of 9/22/10)