AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT

Virtus ETF Trust II 485BPOS

Exhibit 99(h)(3)

AMENDMENT  

TO  

FUND ADMINISTRATION AND ACCOUNTING AGREEMENT

This Amendment dated October 24, 2023 (“Effective Date”) is by and between VIRTUS ETF TRUST II (the “Trust”) and THE BANK OF NEW YORK MELLON (“BNYM”).

BACKGROUND:

A. The Trust and BNYM are parties to a Fund Administration and Accounting Agreement dated as of July 16, 2015, as amended to date, (the “Agreement”) relating to BNYM’s provision of services to the Trust and its series (each a “Series”).

B. The parties desire to amend the Agreement as set forth herein.

C. This Background section is incorporated by reference into and made a part of this Amendment.

TERMS:

The parties hereby agree that:

.

1. Exhibit A to the Agreement is hereby deleted and replaced in its entirety with Exhibit A attached hereto.

2. Miscellaneous.

(a) As amended and supplemented hereby, the Agreement shall remain in full force and effect.

(b) The parties expressly agree that this Amendment may be executed in one or more counterparts and expressly agree that such execution may occur by manual signature on a physically delivered copy of this Amendment, by a manual signature on a copy of this Amendment transmitted by facsimile transmission, by a manual signature on a copy of Amendment transmitted as an imaged document attached to an email, or by "Electronic Signature", which is hereby defined to mean inserting an image, representation or symbol of a signature into an electronic copy of this Amendment by electronic, digital or other technological methods. Each counterpart executed in accordance with the foregoing shall be deemed an original, with all such counterparts together constituting one and the same instrument. The exchange of executed counterparts of this Amendment or of executed signature pages to counterparts of this Amendment, in either case by facsimile transmission or as an imaged document attached to an email transmission, shall constitute effective execution and delivery of this Amendment and may be used for all purposes in lieu of a manually executed and physically delivered copy of this Amendment.

IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed as of the Effective Date by its duly authorized representative indicated below. An authorized representative, if executing this Amendment by Electronic Signature, affirms authorization to execute this Amendment by Electronic Signature and that the Electronic Signature represents an intent to enter into this Amendment and an agreement with its terms.

	VIRTUS ETF TRUST II
	On behalf of each Series identified on Exhibit A attached to the Agreement
	By:	/s/ Xxxxxxx X. Xxxxx
	Name:	Xxxxxxx X. Xxxxx
	Title:	Vice President

	THE BANK OF NEW YORK MELLON
	By:	/s/ Xxxxxxx Xxxxxxx
	Name:	Xxxxxxx Xxxxxxx
	Title:	Managing Director

EXHIBIT A

SERIES

Virtus Newfleet High Yield Bond ETF

Virtus Seix Senior Loan ETF

Xxxxxx Xxxxxxxxx U.S. Quality Momentum ETF

Virtus Newfleet ABS/MBS ETF

Xxxxxx Xxxx & Xxxxxx Clean Energy ETF

Xxxxxx Xxxxx Harbor Emerging Markets High Yield Bond ETF

Virtus Newfleet Short Duration Core Plus Bond ETF