EX-99.(E)(1)(II) 7 exe1iifirstamendmenttodist.htm EX-99.(E)(1)(II) FIRST AMENDMENT TO DISTRIBUTION AGREEMENT Document

FIRST AMENDMENT TO
ETF DISTRIBUTION AGREEMENT

This first amendment (“Amendment”) to the ETF Distribution Agreement (the “Agreement”) dated as of January 13, 2022, by and between Kelly Strategic ETF Trust and Foreside Fund Services, LLC (together, the “Parties”) is effective as of ___________, 2023.

WHEREAS, the Parties desire to amend Exhibit A of the Agreement to reflect an updated Funds list; 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 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 have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers.

KELLY STRATEGIC ETF TRUST
FORESIDE FUND SERVICES, LLC
By: __________________________________By: __________________________________
Name: ________________________________Name: ________________________________
Title: _________________________________Title: _________________________________
Date: _________________________________Date: _________________________________




EXHIBIT A

Kelly E-Commerce & Logistics Sector ETF
Kelly Fintech & Digital Payments Sector ETF
Kelly Internet of Things Technology ETF
Kelly Hotel & Lodging Sector ETF
Kelly Residential & Apartment Real Estate ETF
Kelly Technology & E-Commerce Real Estate ETF
Kelly CRISPR & Gene Editing Technology ETF 
Kelly INDS Industrial & Logistics Real Estate ETF 
Kelly SRVR Data Center & Tech Infrastructure ETF 
Running Oak Efficient Growth ETF 
Hashdex Ethereum Strategy ETF