EX-99.(E)(1)(III) 2 netft-html6870_ex99e1iii.htm AMENDMENT NO. 3 DATED JUNE 28, 2023 TO THE DISTRIBUTION AGREEMENT

Exhibit (e)(1)(iii)

 

AMENDMENT 3

 

This amendment (the “Amendment”) between the parties signing below (the “Parties”) amends the Existing Agreement as of June 28, 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  

 

 

 

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
 

 

CONFIDENTIAL

 

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.