EIGHTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Exhibit (e)(9)
EIGHTH AMENDMENT TO
This eighth amendment (this “Amendment”) to the ETF Distribution Agreement dated as of May 31, 2017 as Novated (the “Agreement”), is entered into on April 9, 2019 (the “Execution Date”) by and between AdvisorShares Trust (the “Trust”) and Foreside Fund Services, LLC (“Foreside”), with an effective date of April 1, 2019 (the “Effective Date”).
WHEREAS, Foreside and the Trust (the “Parties”) desire to amend Appendix A of the Agreement to reflect the deletion of AdvisorShares Madrona Domestic ETF and AdvisorShares Madrona International ETF, the addition of AdvisorShares Pure Cannabis ETF, and the change of name of AdvisorShares Madrona Global Bond ETF to AdvisorShares FolioBeyond Smart Core Bond ETF.
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:
1. | 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. |
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 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.
ADVISORSHARES TRUST | FORESIDE FUND SERVICES, LLC | |||
By: | /s/ Xxx Xxxxxx | By: | /s/ Xxxx Xxxxxxxxx | |
Name: | Xxx Xxxxxx | Name: | Xxxx Xxxxxxxxx | |
Title: | Secretary & Treasurer | Title: | Vice President |
APPENDIX A
Effective as of April 1, 2019
FUNDS
AdvisorShares FolioBeyond Smart Core Bond ETF
AdvisorShares Newfleet Multi-Sector Income ETF
AdvisorShares Pacific Asset Enhanced Floating Rate ETF
AdvisorShares Ranger Equity Bear ETF
AdvisorShares Sage Core Reserves ETF
AdvisorShares STAR Global Buy-Write ETF
AdvisorShares Treesdale Rising Rates ETF
AdvisorShares DoubleLine Value Equity ETF
AdvisorShares Xxxxxx Xxxxxx ADR ETF
AdvisorShares Cornerstone Small Cap ETF
AdvisorShares Focused Equity ETF
AdvisorShares New Tech and Media ET
AdvisorShares Vice ETF
AdvisorShares Xxxxxx Xxxxxx Micro-Cap ETF
AdvisorShares Xxxxxx Xxxxxx
Short ETF
AdvisorShares Sabretooth ETF
AdvisorShares Pure Cannabis ETF
A-1