FIFTH AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT
FIFTH AMENDMENT TO THE
THIS FIFTH AMENDMENT dated as of the 25th day of February, 2016, to the Fund Accounting Servicing Agreement dated as of dated as September 12, 2012, as amended January 25, 2013, October 16, 2014, June 12, 2015 and August 25, 2015 (the “Agreement”), is entered into by and between FACTORSHARES TRUST, a Delaware statutory trust (the “Trust”) 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 Trust and Fund Services desire to amend the first paragraph of the Agreement and to delete Exhibit A, the listing of the funds; and
WHEREAS, Section 15 of the Agreement allows for its amendment by a written instrument executed by all parties.
NOW, THEREFORE, the parties agree as follows:
The first paragraph of the Agreement is superseded and replaced in its entirety by the following:
THIS AGREEMENT is made as of this 12th day of September, 2012, as amended, by and between FACTORSHARES TRUST, a Delaware statutory trust (the “Trust”), acting for and on behalf of each series as are currently authorized and issued by the Company or may be authorized and issued by the Company subsequent to the date of this Agreement (each a “Fund” and collectively the “Funds”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“Fund Services”).
Exhibit A, the list of the Funds, is hereby deleted in its entirety.
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
(Signatures on the following page)
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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 and year first written above.
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FACTORSHARES TRUST
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U.S. BANCORP FUND SERVICES, LLC
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By: /s/ Xxxxxx Xxxxxxx, III
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By: /s/ Xxxxxxx X. XxXxx
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Name: Xxxxxx Xxxxxxx, III
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Name: Xxxxxxx X. XxXxx
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Title: President
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Title: Executive Vice President
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