FOURTH AMENDMENT TO ADVISORSHARES ETF DISTRIBUTION AGREEMENT
Exhibit (e)(5)
FOURTH AMENDMENT TO
ADVISORSHARES ETF DISTRIBUTION AGREEMENT
This Fourth 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 February 14, 2011 (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: February 14, 2011
DENT TACTICAL ETF
WCM/BNY MELLON FOCUSED GROWTH ADR ETF
MARS HILL GLOBAL RELATIVE VALUE ETF
PERITUS HIGH YIELD ETF
CAMBRIA GLOBAL TACTICAL ETF
THE ACTIVE BEAR
MADRONA FORWARD DOMESTIC ETF
MADRONA FORWARD INTERNATIONAL ETF
MADRONA FORWARD GLOBAL BOND ETF
XXXXXXX TACTICAL ETF (proposed effective date – 3/15/2011)
TRIMTABS FLOAT SHRINK ETF (proposed effective date – 4/4/2011)