AMENDMENT TO THE NEOS ETF TRUST AMENDED AND RESTATED CUSTODY AGREEMENT
NEOS ETF Trust 485BPOS
Exhibit 99. g(2)
AMENDMENT TO THE NEOS ETF TRUST
AMENDED AND RESTATED CUSTODY AGREEMENT
THIS AMENDMENT to the Amended and Restated Custody Agreement, as amended, is made and entered into as of the last date on the signature block (the "Effective Date"), by and between NEOS ETF TRUST, 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 entered into an Amended and Restated Custody Agreement, dated as of August 26, 2022 as amended (the "Agreement"); and
WHEREAS, the parties desire to amend the series of the Trust to add the funds NEOS Bitcoin High Income ETF and NEOS Xxxxxxx 2000 High Income ETF to Exhibit 2 of the Agreement; and
WHEREAS, the parties desire to amend the series of the Trust to reflect the following name changes:
| ● | NEOS Enhanced Income 1-3 Month T-Bill ETF (f/k/a NEOS Enhanced Income Cash Alternative ETF), and |
WHEREAS, Article XV, Section 15.02 of the Agreement allows for its amendment by a written instrument executed by both parties.
NOW, THEREFORE, the parties agree as follows:
| 1. | Exhibit 2 is hereby superseded and replaced in its entirety with Exhibit 2 attached hereto. |
| 2. | 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 Effective Date.
| U.S. BANK NATIONAL ASSOCIATION | |||||
By: |
/s/ Xxxxxx Xxxx |
|
By: |
/s/ Xxxxxxx Xxxxxx |
|
| Name: | Xxxxxx Xxxx | Name: | Xxxxxxx Xxxxxx | ||
| Title: | Secretary | Title: | Sr. Vice President | ||
| Date: | 5/21/2024 | Date: | May 22, 2024 | ||
