EX-99.(E)(1)(III) 4 d515356dex99e1iii.htm EX-99.(E)(1)(III) EX-99.(e)(1)(iii)

Exhibit (e)(1)(iii)

AMENDMENT 3

This amendment (the “Amendment”) between the parties signing below (the “Parties”) amends the Existing Agreement as of June    , 2023 (the “Effective Date”):

 

Term

  

Means

“Existing Agreement”    The Distribution Agreement between ALPS and each Trust dated April 16, 2018, as amended
“ALPS”    ALPS Distributors, Inc.
“Trust”   

Natixis ETF Trust

Natixis ETF Trust II

Except as amended hereby, all terms of the Existing Agreement remain in full force and effect. This Amendment includes the amendments in Schedule A and general terms in Schedule B.

IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives.

 

Natixis ETF Trust       ALPS Distributors, Inc.
By:   

/s/ Susan McWhan Tobin

      By:   

/s/ Stephen Kyllo

Name:    Susan McWhan Tobin       Name:    Stephen Kyllo
Title:    Secretary & Chief Legal Officer       Title:    SVP & Director
Natixis ETF Trust II
By:   

/s/ Susan McWhan Tobin

        
Name:    Susan McWhan Tobin         
Title:    Secretary & Chief Legal Officer         

 

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Schedule A to this Amendment

Effective as of the Effective Date, the Existing Agreement is amended as follows:

 

1.

Appendix A - List of Funds to Exhibit 1 is deleted in its entirely and replaced with the following Appendix A - List of Funds:

APPENDIX A - LIST OF FUNDS

Natixis ETF Trust:

 

Fund

  

Ticker Symbol

Natixis Loomis Sayles Short Duration Income ETF

   LSST

Natixis ETF Trust II:

 

Fund

  

Ticker Symbol

Natixis Loomis Sayles Focused Growth ETF

   LSGR

Natixis U.S. Equity Opportunities ETF

   EQOP

Natixis Vaughan Nelson Select ETF

   VNSE

Natixis Vaughan Nelson Mid Cap ETF

   VNMC


Schedule B to this Amendment

General Terms

 

1.

Capitalized terms not defined herein shall have the meanings given to them in the Existing Agreement.

 

2.

The Amendment shall not be modified, supplemented, amended or interpreted in accordance with, any industry custom or practice, or any internal policies or procedures of any Party. This Amendment (including any attachments, schedules and addenda hereto), along with the Existing Agreement, as amended, contains the entire agreement of the Parties and thus governs the Parties’ duties and obligations with respect to the subject matter hereof and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the Parties with respect thereto.

 

3.

This Amendment may be executed in counterparts, each of which when so executed will be deemed to be an original. Such counterparts together will constitute one agreement. Signatures may be exchanged via facsimile or electronic mail and signatures so exchanged shall be binding to the same extent as if original signatures were exchanged.

 

4.

This Amendment and any dispute or claim arising out of or in connection with it, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the same jurisdiction as the Existing Agreement.

 

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