Board of Trustees EFT Series Solutions Milwaukee, Wisconsin 53202 Board of Trustees Pacer Funds Trust Malvern, Pennsylvania 19355Agreement and Plan of Reorganization • October 21st, 2019 • Pacer Funds Trust
Re: Agreement and Plan of Reorganization, dated as of [•], 2019 (the “Agreement”), by and among (i) ETF Series Solutions, a Delaware statutory trust (“ESS”), on behalf of its series, the American Energy Independence ETF (the “Target Fund”); (ii) Pacer Funds Trust, a Delaware statutory trust (“PFT”), on behalf of its series, the Pacer American Energy Independence ETF (the “Acquiring Fund”); and (iii) solely for the purposes of Section 9.1 of the Agreement, Pacer Advisors, Inc., the investment adviser to the Acquiring Fund, and SL Advisors, LLC, the investment adviser to the Target Fund.
