0001999371-24-004206 Sample Contracts

NEOS ETF TRUST N-14/A
Agreement and Plan of Reorganization • March 29th, 2024 • NEOS ETF Trust

Re: AGREEMENT AND PLAN OF REORGANIZATION, DATED AS OF __________, 2024 (THE “AGREEMENT”), BY AND AMONG ETF Series Solutions (“ESS”) on behalf of ITS SERIES, Nationwide Nasdaq-100® Risk-Managed Income ETF (THE “Target FUND”), NEOS ETF Trust (“NEOS”) on behalf of ITS SERIES, NEOS Nasdaq-100® Hedged Equity Income ETF (THE “Acquiring fund”) AND, SOLELY FOR THE PURPOSES OF SECTION 9 THEREOF, NEOS Investment Management LLC (the “ADVISER”)

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