DIREXION SHARES ETF TRUST II FIRST AMENDMENT TO THE TRANSFER AGENT SERVICING AGREEMENT
Exhibit 10.5(1)
FIRST AMENDMENT TO THE TRANSFER AGENT SERVICING AGREEMENT
THIS FIRST AMENDMENT, dated as of July 7, 2014, to the Transfer Agent Servicing Agreement dated as of December 27, 2012 (the “Agreement”), is entered into by and among DIREXION SHARES ETF TRUST II, a Delaware statutory trust (the “Trust”), DIREXION ASSET MANAGEMENT, LLC (the “Sponsor”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the parties desire to amend the preamble of the Agreement to delete the listing of each series under the Trust and to delete Appendix A; and
WHEREAS, Section 12 of the Agreement allows for its amendment by a written instrument executed by all parties.
NOW, THEREFORE, the parties agree that Appendix A, the listing of the Funds, is hereby deleted from the Agreement and the first paragraph of the preamble of the Agreement is hereby superseded and replaced with the following:
THIS AGREEMENT is made and entered into as of this 27th day of December, 2012, by and among DIREXION SHARES ETF TRUST II, a Delaware statutory trust (the “Trust”) acting for and on behalf of each series as are currently authorized and issued by the Trust or may be authorized and issued by the Trust subsequent to the date of this Agreement (each a “Fund” and collectively the “Funds”), DIREXION ASSET MANAGEMENT, LLC, the sponsor of the Funds (“Sponsor”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by a duly authorized officer on one or more counterparts as of the day and year first written above.
| DIREXION SHARES ETF TRUST II | U.S. BANCORP FUND SERVICES, LLC | |||||||
| By: | /s/ Xxxxxxx Xxxxxxx | By: | Xxxxxxx X. XxXxx | |||||
| Name: | Xxxxxxx Xxxxxxx | Name: | Xxxxxxx X. XxXxx | |||||
| Title: | Chief Financial Officer | Title: | Executive Vice President | |||||
(signatures continued on the following page)
| 7/2014 – Direxion Shares ETF Trust II | 1 |
| DIREXION ASSET MANAGEMENT, LLC | ||
| By: | /s/ Xxxxxxx Xxxxxxx | |
| Name: | Xxxxxxx Xxxxxxx | |
| Title: | Chief Financial Officer | |
| 7/2014 – Direxion Shares ETF Trust II | 2 |
