FIRST AMENDMENT
FIRST AMENDMENT
TO THE CUSTODY AGREEMENT
THIS AMENDMENT effective as of the last date on the signature block, to the Custody Agreement (the “Agreement”) dated as of September 5, 2018, as amended, is entered into by and between PROCURE ETF TRUST II, a Delaware trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the parties desire to amend the Agreement to update Exhibit B, as amended to add the following ETF:
Procure Disaster Recovery ETF
WHEREAS, Section 15.02 of the Agreement allows for its amendment by a written instrument executed by both parties and authorized or approved by the Board of Trustees of the Trust.
NOW, THEREFORE, the parties agree as follows:
1.Exhibit B of the Agreement is hereby superseded and replaced in its entirety with Exhibit B attached hereto.
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year last written below.
U.S. BANK NATIONAL ASSOCIATION | ||||||||
By: /s/ Xxxxxx Xxxx | By: /s/ Xxxxx X. Xxxxxxxxx | |||||||
Name: Xxxxxx Xxxx | Name: Xxxxx X. Xxxxxxxxx | |||||||
Title: President | Title: Senior Vice President | |||||||
Date: May 20, 2022 | Date: May 23, 2022 |
Exhibit B to the Custody Agreement
Name of Funds
Procure Space ETF
Procure Disaster Recovery ETF
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