0001999371-24-001777 Sample Contracts

AGREEMENT AND PLAN OF REORGANIZATION
Agreement and Plan of Reorganization • February 9th, 2024 • NEOS ETF Trust

THIS AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is adopted as of this [ ]th day of March, 2024 by and among (i) ETF Series Solutions, on behalf of its series, the Nationwide Nasdaq-100® Risk-Managed Income ETF (the “Target Fund”), (ii) NEOS ETF Trust, on behalf of its series, the NEOS Nasdaq-100® Hedged Equity Income ETF (the “Acquiring Fund”), and (iii) solely for the purposes of Section 9 of this Agreement, NEOS Investment Management LLC, the investment adviser to the Acquiring Fund.

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