EX-99.28.E.10 4 fp0028499_ex9928e10.htm

AMENDMENT NO. 10 TO AMENDED AND RESTATED DISTRIBUTION AGREEMENT

THIS AMENDMENT TO THE AMENDED AND RESTATED DISTRIBUTION AGREEMENT (this “Amendment”), effective as of the 28th day of February, 2017 (the “Amendment Effective Date”) is entered into by and between Exchange Traded Concepts Trust (the “Trust”), and SEI Investments Distribution Co. (“Distributor”).

WHEREAS:

1.
As of November 10, 2011, the Trust and Distributor entered into an Amended and Restated Distribution Agreement, as amended (the “Agreement”);

2.
Capitalized terms used in this Amendment but not defined in this Amendment shall have the meanings ascribed to them in the Agreement; and

3.
The parties hereto desire to further amend the Agreement on the terms and subject to the conditions provided herein.
 
NOW THEREFORE, for and in consideration of the promises and the mutual covenants herein contained, and intending to be legally bound hereby, the parties agree as follows:

1.
Schedule A (List of Funds). Schedule A (List of Funds of the Agreement) is hereby deleted in its entirety and replaced as set forth in Schedule A attached hereto and made a part herewith.

2.
Ratification of Amendment. Except as expressly amended and provided herein, all of the terms and conditions and provisions of the Agreement shall continue in full force and effect.

3.
Counterparts. This Amendment shall become binding when any one or more counterparts hereof individually or taken together, shall bear the original or facsimile signature of each of the parties hereto. This Amendment may be executed in any number of counterparts, each of which shall be an original against any party whose signature appears thereon, but all of which together shall constitute but one and the same instrument.

4.
Governing Law. This Amendment shall be construed in accordance with the laws of the State of Delaware and the applicable provisions of the 1940 Act. To the extent that the applicable laws of the State of Delaware, or any of the provisions herein, conflict with the applicable provisions of the 1940 Act, the latter shall control.
 
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.

EXCHANGE TRADED CONCEPTS TRUST
 
     
By:
/s/ J. Garrett Stevens
 
Name:
J. Garrett Stevens
 
Title:
President
 
     
SEI INVESTMENTS DISTRIBUTION CO.
 
     
By:
/s/ Maxine J. Chou
 
Name:
Maxine J. Chou
 
Title:
CFO & COO
 

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SCHEDULE A

List of Funds

YieldShares High Income ETF (formerly known as Sustainable North American Oil Sands ETF)

WeatherStorm Forensic Accounting Long-Short ETF (formerly known as Forensic Accounting ETF)

ROBO GlobalTM Robotics and Automation Index ETF (formerly known as ROBO-STOXTM Global Robotics and Automation Index ETF)

Hull Tactical U.S. ETF

EMQQ The Emerging Markets Internet & EcommerceTM ETF

REX Gold Hedged FTSE Emerging Markets ETF

REX Gold Hedged S&P 500 ETF

REX VolMAXXTM Long VIX Weekly Futures Strategy ETF

REX VolMAXXTM Short VIX Weekly Futures Strategy ETF (formerly known as REX VolMAXX Inverse VIX Weekly Futures Strategy ETF)

ETF Industry Exposure and Financial Services ETF

Bernstein U.S. Research Fund

Bernstein Global Research Fund
 
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