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EX-99.(E)(II) 3 ess-ffsetfdaa8xconformed.htm EX-99.(E)(II) AMENDMENT TO THE DISTRIBUTION AGREEMENT Document

EIGHTH AMENDMENT TO

ETF DISTRIBUTION AGREEMENT

This eighth amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of September 30, 2021, by and between ETF Series Solutions and Foreside Fund Services, LLC (together, the “Parties”) is made effective as of May 30, 2023.

WHEREAS, the Parties desire to amend Exhibit A of the Agreement.

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 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.Exhibit A of the Agreement is hereby deleted in its entirety and replaced by Exhibit A attached hereto.

3.Except as expressly amended hereby, all 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 have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers.


ETF SERIES SOLUTIONS By: /s/Joshua J. Hinderliter Joshua J. Hinderliter, Secretary			FORESIDE FUND SERVICES, LLC By: /s/Teresa Cowan Teresa Cowan, President

EXHIBIT A

Point Bridge America First ETF

Defiance Quantum ETF

Defiance Next Gen Connectivity ETF

Defiance Next Gen H2 ETF

Defiance Hotel, Airline, and Cruise ETF

Defiance Daily Short Digitizing the Economy ETF

Grayscale Future of Finance ETF

Defiance Pure 2x Bull Electric Vehicle Daily ETF

Defiance Pure 2x Bull Semiconductor Daily ETF

Defiance Pure 2x Bull Airline Daily ETF

Defiance Pure 2x Bull Banks Daily ETF

Defiance Pure 2x Bull Oil & Gas Daily ETF

Defiance Pure 2x Bull Retail Daily ETF

Defiance Pure 2x Bull Tech Daily ETF

Defiance Israel Bond ETF

Defiance Pure Electric Vehicle ETF