FORM OF AMENDMENT TO CUSTODIAN AGREEMENT
FORM OF AMENDMENT
TO
THIS AMENDMENT TO CUSTODIAN AGREEMENT (this “Amendment”) is made as of ________, 2022 by and between XXXXX BROTHERS XXXXXXXX & CO., a limited partnership organized under the laws of the State of New York (“Accounting Agent”), and INVESTMENT MANAGERS SERIES TRUST II, a Delaware statutory trust (the “Fund”, including its separate series 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 Custodian and the Fund desire to amend the Agreement as set forth 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. Appendix A to the Agreement is hereby deleted in its entirety and replaced with the attached Appendix A.
2. This Amendment may be executed in any number of counterparts each of which shall be deemed to be an original. This Amendment shall become effective when one or more counterparts have been signed and delivered by each of the parties. A photocopy. pdf or telefax of the Amendment shall be acceptable evidence of the existence of the Amendment.
3. 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 expressly modified hereby, the Agreement shall continue in full force and effect in accordance with its terms and conditions.
4. This Amendment shall be construed in accordance the governing law and exclusive jurisdiction provisions of the Agreement.
[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.
| XXXXX BROTHERS XXXXXXXX & CO. | ||
| By: | ||
| Name: | ||
| Title: | ||
| Date: | ||
| INVESTMENT MANAGERS SERIES TRUST II | ||
| By: | ||
| Name: | ||
| Title: | ||
| Date: | ||
2
EXHIBIT A
TO
LIST OF SERIES/PORTFOLIOS
Dated as of _________, 2022
The following is a list of Portfolios for which Custodian shall serve under the Custodian Agreement dated as of September 24, 2021:
Cannabis Growth ETF
AXS Astoria Inflation Sensitive ETF
AXS Change Finance ESG ETF
AXS 2x Innovation ETF
AXS Short China Internet ETF
AXS First Priority CLO Bond ETF
AXS High Yield ETF
AXS De-SPAC ETF
AXS FOMO ETF
AXS Short De-SPAC Daily ETF
AXS Short Innovation Daily ETF
AXS SPAC and New Issue ETF
AXS 2X TSLA Bear ETF
AXS 2X TSLA Bull ETF
AXS 2X NVDA Bear ETF
AXS 2X NVDA Bull ETF
AXS 2X COP Bear ETF
AXS 2X COP Bull ETF
AXS 2X BA Bear ETF
AXS 2X XX Xxxx ETF
AXS 2X PYPL Bear ETF
AXS 2X PYPL Bull ETF
AXS 2X WFC Bear ETF
AXS 2X WFC Bull ETF
AXS 2X PFE Bear ETF
AXS 2X PFE Bull ETF
AXS 2X CRM Bear ETF
AXS 2X CRM Bull ETF
AXS 2X NKE Bear ETF
AXS 2X NKE Bull ETF
