FIRST AMENDMENT TO ETF DISTRIBUTION AGREEMENT
FIRST AMENDMENT TO
This first amendment (the “Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of June 30, 2020 by and between Simplify Exchange Traded Funds (“Trust”) and Foreside Financial Services, LLC (“Foreside”) is entered into as of November 9, 2020 (the “Effective Date”).
WHEREAS, Trust and Foreside (the “Parties”) desire to amend Exhibit A of the Agreement to reflect the addition of seven Funds; and
WHEREAS, Section 8(b) of the Agreement requires that all amendments and modifications to the Agreement be in writing and executed by the Parties.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties hereby agree as follows:
| 1. | Capitalized terms not otherwise defined herein shall have the meanings set forth in Agreement. |
| 2. | Exhibit A of the Agreement is hereby deleted in its entirety and replaced by Exhibit A attached hereto which reflects the addition of: Simplify Volt RoboCar Disruption ETF; Simplify Volt Pop Culture Disruption ETF; Simplify Volt Fintech Disruption ETF; Simplify Volt Cloud and Cybersecurity Disruption ETF; Simplify Growth Equity Plus Upside Convexity ETF; Simplify Growth Equity Plus Downside Convexity ETF; and Simplify Growth Equity Plus Convexity ETF. |
| 3. | Except as expressly amended hereby, all of the provisions of the Agreement shall remain unamended 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, as of the Effective Date.
| SIMPLIFY EXCHANGE TRADED FUNDS | FORESIDE FINANCIAL SERVICES, LLC | ||||
| By: | /s/ Xxxx Xxx | By: | /s/ Xxxx Xxxxxxxxx | ||
| Xxxx Xxx President | Xxxx Xxxxxxxxx, Vice President | ||||
EXHIBIT A
Simplify US Equity PLUS Convexity ETF
Simplify US Equity PLUS Downside Convexity ETF Simplify US Equity PLUS Upside Convexity ETF Simplify Volt RoboCar Disruption ETF
Simplify Volt Pop Culture Disruption ETF
Simplify Volt Fintech Disruption ETF
Simplify Volt Cloud and Cybersecurity Disruption ETF Simplify Growth Equity Plus Upside Convexity ETF Simplify Growth Equity Plus Downside Convexity ETF Simplify Growth Equity Plus Convexity ETF
