FORM OF FIFTH AMENDMENT TO THE TIDAL TRUST III CUSTODY AGREEMENT
TIDAL TRUST III FORM N-14/A
Exhibit 99.9(a)(i)
FORM OF FIFTH AMENDMENT TO THE
THIS FIFTH AMENDMENT effective as [·], 2024 (the “Effective Date”), to the Custody Agreement dated as of July 11, 2024, as amended (the “Agreement”), is entered into by and between TIDAL TRUST III, a Delaware statutory 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 A to:
Add the following fund:
| ● | The BeeHive 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:
Exhibit A of the Agreement is hereby superseded and replaced in its entirety with Exhibit A attached hereto.
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
SIGNATURES ON NEXT PAGE
1
IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to be executed by a duly authorized officer on one or more counterparts as of the date last written below.
| TIDAL TRUST III | U.S. BANK NATIONAL ASSOCIATION | |||
| By: | By: | |||
| Name: | Name: | |||
| Title: | Title: | |||
| Date: | Date: | |||
Exhibit A to the Custody Agreement
Separate Series of Tidal Trust III
Name of Series:
| Unity Wealth Partners Dynamic Capital Appreciation & Options ETF |
| TradersAI Large Cap Equity & Cash ETF |
| Rockefeller Opportunistic Municipal Bond ETF |
| Rockefeller California Municipal Bond ETF |
| Rockefeller New York Municipal Bond ETF |
| Rockefeller Global Equity ETF |
| Rockefeller U.S. Small-Mid Cap ETF |
| 4E Quality Growth ETF |
| GammaRoad Market Navigation ETF |
| Impact Shares YWCA Women's Empowerment ETF |
Impact Shares NAACP Minority Empowerment ETF |
| VistaShares Artificial Intelligence Supercycle ETF |
| VistaShares Electrification Supercycle ETF |
| FIRE Funds™ Wealth Builder ETF |
FIRE Funds™ Income Target ETF Ninepoint
Energy Income ETF Xxx Xxxxx Research 360° Core Equity ETF Xxx Xxxxx Research 360° Dynamic Allocation ETF Fundstrat Granny Shots US Large Cap ETF The BeeHive ETF |
