THIRD AMENDMENT TO THE CUSTODIAN AGREEMENT
THIRD AMENDMENT TO THE
THIS THIRD AMENDMENT dated as of September 11, 2023, to the Custody Agreement, dated as of June 15, 2012, as amended and assigned (the “Agreement”), is entered by and FORUM FUNDS, (the “Trust”) and U.S. BANK NATIONAL ASSOCIATION (the “Custodian”).
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the Trust and the Custodian desire to amend the Agreement to remove the following funds:
● | Absolute Capital Opportunities Fund |
● | Absolute Convertible Arbitrage Fund |
● | Absolute Flexible Fund |
● | Absolute Convertible Opportunities Fund |
WHEREAS, Section 21 of the Agreement requires that all amendments and modifications to the Agreement be in writing and executed by all parties ..
NOW, THEREFORE, the parties agree as follows:
1. | Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement. |
2. | Effective as of September 11, 2023, Appendix A of the Agreement is hereby superseded and replaced in its entirety with Appendix A attached hereto. |
3. | Except as expressly amended hereby, all the provisions of the Agreement are restated and in full force and effect to the same extent as if fully set forth herein. |
4. | This Amendment shall be governed by, and the provisions of this Amendment shall be construed and interpreted under and in accordance with, the laws of the State of Delaware. |
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 September 11, 2023.
unified series trust | U.S. BANK NATIONAL ASSOCIATION | ||||
By: | /s/ Xxxxxxx Xxxxxxx | By: | /s/ Xxxx Xxxxxx | ||
Name: | Xxxxxxx Xxxxxxx | Name: | |||
Title: | President | Title: | |||
Date: | September 25, 2023 | Date: | September 25, 2023 |
Appendix A
Separate Portfolios
(Foreign and Domestic Securities)
Forum Funds and U.S. Bank
Effective Date September 11, 2023
Funds
Xxxxxx Focus Fund
Xxxx Xxxx + Xxxxxx Partners Fund
XX Xxxx Xxxxxx Growth Fund
XX Xxxx Premier Growth Fund
XX Xxxx Small Cap Growth Fund
Xxxxxxx Small Cap Growth Fund
MAI Managed Volatility Fund
Monongahela All Cap Value Fund
Payson Total Return Fund
The BeeHive Fund