EX-99.(E)(2) 3 simplifyetf_exe2.htm EXHIBIT (E)(2)

 

Exhibit (e)(2)

 

FIFTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT

 

This fifth amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) novated as of September 30, 2021 by and between Simplify Exchange Traded Funds (“Trust”) and Foreside Financial Services, LLC (“Foreside”) is entered into with effect as of October 19, 2022 (the “Effective Date”).

 

WHEREAS, Trust and Foreside (“Parties”) desire to amend Exhibit A of the Agreement to reflect the addition of funds; 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 the 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 hereto have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers, as of the Effective Date.

 

SIMPLIFY EXCHANGE TRADED FUNDS   FORESIDE FINANCIAL SERVICES, LLC
     
By: /s/ Paul Kim   By: /s/ Teresa Cowan
  Paul Kim, President     Teresa Cowan, President

 

 

 

 

EXHIBIT A

 

1 Simplify US Equity PLUS Convexity ETF
2 Simplify US Equity PLUS Downside Convexity ETF
3 Simplify US Equity PLUS Upside Convexity ETF
4 Simplify Volt RoboCar Disruption and Tech ETF
5 Simplify Volt Cloud and Cybersecurity Disruption ETF
6 Simplify Nasdaq 100 Plus Downside Convexity ETF
7 Simplify Nasdaq 100 Plus Convexity ETF
8 Simplify Commodity Strategy ETF
9 Simplify Gold Strategy ETF
10 Simplify U.S. Equity PLUS GBTC ETF
11 Simplify Volatility Premium ETF
12 Simplify Interest Rate Hedge ETF
13 Simplify Tail Risk Strategy ETF
14 Simplify Risk Parity Treasury ETF
15 Simplify Health Care ETF
16 Simplify US Small-Cap PLUS Downside Convexity ETF
17 Simplify Emerging Markets Equity PLUS Downside Convexity ETF
18 Simplify Developed Ex-US PLUS Downside Convexity ETF
19 Simplify Hedged Equity ETF
20 Simplify Macro Strategy ETF
21 Simplify High Yield PLUS Credit Hedge ETF
22 Simplify Aggregate Bond PLUS Credit Hedge ETF
23 Simplify Managed Futures Strategy ETF
24 Simplify Bitcoin Strategy PLUS Income ETF
25 Simplify Volt Web3 ETF
26 Simplify Short Term Treasury Futures Strategy ETF
27 Simplify Enhanced Income ETF
28 Simplify Stable Income ETF
29 Simplify Propel Opportunities ETF