EX-99.(E)(III) 3 tm2411426d3_ex99-xexiii.htm EXHIBIT 99.(E)(III)

 

Exhibit 99.(e)(iii)

 

SECOND AMENDMENT TO

ETF DISTRIBUTION AGREEMENT

 

This second amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of December 19, 2023, by and between Calamos ETF Trust and Calamos Financial Services LLC (together, the “Parties”) is effective as of May 22, 2024.

 

WHEREAS, the Parties desire to amend Exhibit A of the Agreement to reflect an updated fund list; 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 hereby 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.

 

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 have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers.

 

CALAMOS ETF TRUST  CALAMOS FINANCIAL SERVICES LLC
    
By: /s/ Erik D. Ojala  By: /s/ Robert F. Behan
Name: Erik D. Ojala  Name: Robert F. Behan
Title: Vice President & Secretary  Title: Principal Executive Officer & Chief Distribution Officer

 

 

 

EXHIBIT A

 

Calamos Antetokounmpo Global Sustainable Equities ETF

Calamos Convertible Equity Alternative ETF

Calamos CEF Income & Arbitrage ETF

Calamos Alternative Nasdaq & Bond ETF

Calamos S&P 500 Structured Alt Protection ETF – May

Calamos S&P 500 Structured Alt Protection ETF – July

Calamos S&P 500 Structured Alt Protection ETF – August

Calamos S&P 500 Structured Alt Protection ETF – September

Calamos Nasdaq-100 Structured Alt Protection ETF – June

Calamos Nasdaq-100 Structured Alt Protection ETF – September

Calamos Nasdaq-100 Structured Alt Protection ETF – December

Calamos Nasdaq-100 Structured Alt Protection ETF – March

Calamos Russell 2000 Structured Alt Protection ETF – July

Calamos Russell 2000 Structured Alt Protection ETF – October

Calamos Russell 2000 Structured Alt Protection ETF – January

Calamos Russell 2000 Structured Alt Protection ETF – April