FIFTH AMENDMENT TO NOVATED ETF DISTRIBUTION AGREEMENT
Exhibit (e)(8)
FIFTH AMENDMENT TO NOVATED
This fifth amendment (this “Amendment”) to the novated ETF distribution agreement dated as of September 30, 2021 (the “Agreement”), is made by and between Exchange Listed Funds Trust (the “Trust”) and Foreside Fund Services, LLC (together with the Trust, the “Parties”) and is effective on March 11, 2024.
WHEREAS, Xxxxxxxx and the Trust (the “Parties”) desire to amend Exhibit A of the Agreement.
WHEREAS, Section 8(b) of the Agreement requires that all amendments and modifications to the Agreement be in writing.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
| 1. | Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement. |
| 2. | Exhibit A to the Agreement is hereby deleted in its entirety and replaced by Exhibit A attached hereto. |
| 3. | Except as expressly amended hereby, all 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 have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers.
| EXCHANGE LISTED FUNDS TRUST | FORESIDE FUND SERVICES, LLC | |||
| By: | /s/ X. Xxxxxxx Xxxxxxx | By: | /s/ Xxxxxx Xxxxx | |
| Name: | X. Xxxxxxx Xxxxxxx | Name: | Xxxxxx Xxxxx | |
| Title: | President | Title: | President | |
| Date: | 3/6/2024 | Date: | 3.6.24 | |
EXHIBIT A
Effective as of March 11, 2024
FUNDS
Saba Closed-End Funds ETF
Qraft AI-Enhanced U.S. Large Cap ETF
Qraft AI-Enhanced U.S. Large Cap Momentum ETF
Cabana Target Beta ETF (f/k/a Cabana Target Drawdown 7 ETF)
Cabana Target Drawdown 10 ETF
Cabana Target Leading Sector Moderate ETF
Akros Monthly Payout ETF
LG Qraft AI-Powered U.S. Large Cap Core ETF
Bancreek U.S. Large Cap ETF
Bancreek International Large Cap ETF
