TRIMTABS ETF TRUST

AMENDMENT NO. 1 TO THE TRUST INSTRUMENT

THE UNDERSIGNED, being a majority of the Trustees of TrimTabs ETF Trust (the “Trust”), hereby amend the Trust Instrument of the Trust (the “Trust Instrument”), in accordance with Article X, Section 7, of the Trust Instrument, as follows:

1.The name of the Trust is hereby changed from “TrimTabs ETF Trust” to “Abacus FCF ETF Trust,” and all references to the name of the Trust in the Trust Instrument are hereby accordingly amended.

This amendment shall become effective on December 27, 2024.

IN WITNESS WHEREOF, the undersigned have executed this amendment to the Trust Instrument as of the 26th day of December, 2024.

/s/ Stephen J. Posner    

Stephen J. Posner

/s/ David A. Kelly    

David A. Kelly

/s/ Paul Hatch    

    Paul Hatch

/s/ Jay Jackson    

    Jay Jackson