AMENDMENT NO. 1 TO THE SUBLICENSE AGREEMENT
DATED AS OF APRIL 26, 2007
This Amendment No. 1 to the Sublicense Agreement dated as of April 26,
2007 (the "Sublicense Agreement"), made by and among First Trust Advisors L.P.,
First Trust Industrials/Producer Durables AlphaDEX(TM) Fund (each a
Sub-Licensee" and collectively, the "Sub-Licensees"), The American Stock
Exchange LLC ("Index Provider"), and First Trust Portfolios L.P. ("First
Trust"), is entered into this 8th day of May, 2007 ("Amendment Effective Date")
by and among between FTP, Index Provider and Sub-Licensees.
WHEREAS, the Sublicense Agreement sets forth certain terms and
conditions with respect to the Sub-Licensees licensing of the use of the Index
Provider Enhanced Indexes and the Index Provider Marks in connection with the
issuance, distribution, marketing and/or promotion of the Products; and
WHEREAS, the parties now wish to amend the Sublicense Agreement to
reflect the change of the name of the First Trust Industrials AlphaDEX(TM) Fund
to the First Trust Industrials/Producer Durables AlphaDEX(TM) Fund.
NOW, THEREFORE, in consideration of the mutual promises and covenants
given herein, the parties agree as follows:
1. All capitalized terms used but not defined herein shall have the
meaning ascribed to them in the Sublicense Agreement.
2. The Sublicense Agreement is hereby amended to reflect the change of
name of the First Trust Industrials AlphaDEX(TM) Fund to the First Trust
Industrials/Producer Durables AlphaDEX(TM) Fund. All references in the
Sublicense Agreement to the First Trust Industrials AlphaDEX(TM) Fund shall be
replaced with the name First Trust Industrials/Producer Durables AlphaDEX(TM)
Fund.
3. Except as otherwise expressly set forth herein, all provisions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to the
License Agreement to be executed on the date first written above.
FIRST TRUST PORTFOLIOS L.P.
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
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Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: President
FIRST TRUST ADVISORS L.P.
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
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Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: President
FIRST TRUST INDUSTRIALS/PRODUCER DURABLES
ALPHADEX(TM) FUND
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
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Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: President
AMERICAN STOCK EXCHANGE LLC
By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇
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Name (Printed): ▇▇▇▇▇ ▇▇▇▇▇
Title: Senior Vice President