FIRST AMENDMENT TO RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENT

THIS FIRST AMENDMENT dated August 20, 2026 (the “Amendment”) to the RULE 12d-14 FUND OF FUNDS INVESTMENT AGREEMENT (the “Agreement”), dated

as of January 19, 2022 between each Acquiring Fund(s) listed on Schedule A, severally and not jointly (each, an “Acquiring Fund”), and each series of VanEck ETF Trust (except such series listed on Schedule B which may be amended from time to time), severally and not jointly (each, an “Acquired Fund” and together with the Acquiring Funds, the “Funds”).

WHEREAS, the Acquiring Funds and VanEck ETF Trust (collectively, the “Parties” and individually, a “Party”) entered into a Fund of Funds Investment Agreement dated as of January 19, 2022 (the “Agreement”);

WHEREAS, the Parties desire to amend Schedule A of the Agreement to remove certain Acquiring Funds and add Gadsden Dynamic Multi-Asset ETF as an Acquiring Fund pursuant

to Section 5(b) of the Agreement;    

WHEREAS, the Parties desire to amend the notice provisions of the Agreement pursuant to section 4;

WHEREAS, Section 5(d) of the Agreement provides for the amendment or

modification of the Agreement by a written document signed by an authorized representative of

each Party in accordance with Section 4 of the Agreement;

NOW THEREFORE, the Parties agree as follows, effective as of the date hereof.
1. Notices.

In accordance with the foregoing, Section 4 of the Agreement shall be replaced in its entirety with the below:

All notices, including all information that either party is required to provide under the terms of this Agreement and the Rule, shall be in writing and shall be delivered by registered

or overnight mail, or electronic mail to the address for each party specified below.

If to the Acquiring Fund:

Empowered Funds, LLC

3803 West Chester Pike, Suite 150

Newtown Square, PA 19073

Email: compliance@etfarchitect.com

If to the Acquired Fund:

VanEck Compliance Department

c/o Van Eck Associates Corporation

666 Third Avenue, 9th Floor

New York, NY 10017

Email: compliance@vaneck.com

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With a copy to:

Email: legal@etfarchitect.com

Schedule A

With a copy to:

Van Eck Associates Corporation

Attn: Legal Dept,

666 Third Avenue, 9th Floor

New York, NY 10017

Email: legalnotices@vaneck.com

2.In accordance with the foregoing, Schedule A that is part of the Agreement is hereby deleted in its entirety and replaced with the Schedule A attached to this Amendment.

3.In accordance with the foregoing, Schedule B that is part of the Agreement is hereby deleted in its entirety and replaced with the Schedule B attached to this Amendment.

4.Except as modified by this Amendment, the Agreement shall otherwise remain in full force and effect.

5.This Amendment may be executed in several counterparts, each of which shall be deemed to be an original, and all such counterparts taken together shall constitute one and the same instrument. Counterparts may be executed in either original or electronically transmitted form, and the Parties hereby adopt as original any signatures received via electronically transmitted form.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.

VanEck ETF Trust

Signature                Name            Title

/s/ Laura Martinez         Laura I. Martinez     Vice President & Deputy General Counsel

EA Series Trust

Signature                Name            Title

    /s/ Michael D. Barolsky     Michael D. Barolsky     Vice President & Secretary

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SCHEDULE A

List of Acquiring Funds to Which the Agreement Applies

Gadsden Dynamic Multi-Asset ETF (GDMA)

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SCHEDULE B (as of July 7, 2026)

List of Series of VanEck ETF Trust to which the Agreement Does Not Apply

VanEck BDC Income ETF

VanEck CEF Muni Income ETF

VanEck Communication Services TruSector ETF
VanEck Consumer Discretionary TruSector ETF
VanEck Consumer Staples TruSector ETF
VanEck Energy TruSector ETF

VanEck Financials TruSector ETF

VanEck Healthcare TruSector ETF

VanEck Industrials TruSector ETF

VanEck Long/Flat Trend ETF

VanEck Materials TruSector ETF

VanEck Real Assets ETF

VanEck Real Estate TruSector ETF

VanEck Technology TruSector ETF

VanEck Utilities TruSector ETF

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