AMENDMENT TO CUSTODIAN AGREEMENT
AMENDMENT
TO
CUSTODIAN AGREEMENT
THIS AMENDMENT TO CUSTODIAN AGREEMENT (this “Amendment”) is made as of August 8, 2024 by and between BROWN BROTHERS XXXXXXXX & CO., a limited partnership organized under the laws of the State of New York (“Custodian”), and INVESTMENT MANAGERS SERIES TRUST II, a Delaware statutory trust (the “Fund”, including its separate Portfolios listed on Exhibit A).
WHEREAS, the Custodian and the Fund entered into an Custodian Agreement, dated as of September 24, 2021 (as amended, modified and/or supplemented to date, the “Agreement;” all capitalized terms used but not defined herein shall have the meanings set forth in the Agreement); and
WHEREAS, the Company and BBH & Co. desire to make certain modifications to the terms of the Agreement as further detailed herein;
NOW, THEREFORE, in consideration of the mutual agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the Custodian and the Trust hereby agree as follows:
1. The Agreement is hereby amended by Exhibit A in its entirety and substituting therefore the updated Exhibit A attached hereto.
2. This Amendment, together with the Agreement, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all oral communications and prior writings with respect hereto. Except as specifically amended hereby, the Agreement remains unchanged, in full force and effect and binding on the parties in accordance with its terms. As amended hereby, all terms and provisions of the Agreement are hereby ratified and affirmed as of the date hereof and are hereby extended to give effect to the terms hereof.
3. This Amendment shall be governed and construed in accordance the governing law and jurisdiction provisions of the Agreement.
4. This Amendment may be executed in any number of counterparts each of which shall be deemed to be an original, but all of which together shall constitute one and the same Amendment. Delivery of an executed counterpart of this Amendment by facsimile transmission or other electronic mail transmission (e.g. “.pdf” or “.tif”) shall be effective as delivery of a manually executed counterpart of this Amendment.
[Signature page follows]
1
IN WITNESS WHEREOF, each of the undersigned parties has executed this Amendment to Custodian Agreement effective as of the date first above written.
BROWN BROTHERS XXXXXXXX & CO.
| By: | /s/ Xxxx Xxxxxx | |
| Name: | Xxxx Xxxxxx | |
| Title: | Principal | |
| Date: | 8 August 2024 |
INVESTMENT MANAGERS SERIES TRUST II
| By: | /s/ Xxxxxx Xxxx | |
| Name: | Xxxxxx Xxxx | |
| Title: | Vice President | |
| Date: | 8.7.2024 |
2
EXHIBIT A TO
LIST OF SERIES/PORTFOLIOS
Updated as of August 8, 2024
The following is a list of Portfolios for which Custodian shall serve under the Custodian Agreement dated as of September 24, 2021, as amended:
| FUND | DATE ADDED |
| AXS Astoria Inflation Sensitive ETF | May 18, 2022 |
| AXS Change Finance ESG ETF | May 18, 2022 |
| Tradr 2X Long Innovation ETF | May 18, 2022 |
| Tradr 2X TSLA Daily ETF | May 18, 2022 |
| Tradr 1.5X Short NVDA Daily ETF | May 18, 2022 |
| Tradr 2X Short Innovation Daily ETF | August 5, 2022 |
| AXS Green Alpha ETF | September 29, 2022 |
| Alternative Access First Priority CLO Bond ETF | October 14, 2022 |
| AXS Esoterica NextG Economy ETF | December 16, 2022 |
| AXS Real Estate Income ETF | July 14, 2023 |
| AXS Knowledge Leaders ETF | July 19, 2024 |
| Tradr 2X Long Triple Q Monthly ETF | September 3, 2024 |
| Tradr 2X Long SOXX Monthly ETF | September 3, 2024 |
| Tradr 2X Long SPY Monthly ETF | September 3, 2024 |
| Tradr 1.75X Long NVDA Weekly ETF (formerly Tradr 2X Long NVDA Weekly ETF) |
September 3, 2024 |
| Tradr 2X Long Triple Q Weekly ETF | September 3, 2024 |
| Tradr 2X Long SOXX Weekly ETF | September 3, 2024 |
| Tradr 2X Long SPY Weekly ETF | September 3, 2024 |
| Tradr 1.5X Long TSLA Weekly ETF (formerly Tradr 2X Long TSLA Weekly ETF) |
September 3, 2024 |
