SECOND AMENDMENT TO CUSTODIAN AGREEMENT
SECOND AMENDMENT TO
This second amendment (this “Amendment”) to the Custodian Agreement dated as of June 15, 2012, by and between Forum Funds (the “Trust”) and MUFG Union Bank, N.A., as assigned to U.S. Bank, N.A. (“U.S. Bank”) on June 11, 2021 (the “Agreement”), is entered into with an effective date of September 22, 2022 (the “Effective Date”).
WHEREAS, U.S. Bank and the Trust (the “Parties”) desire to amend Appendix A of the Agreement to reflect the change to the name of the Xxxx, Xxxx & Xxxxxx Partners Fund to the Xxxx Xxxx + Xxxxxx Partners Fund; and
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, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
| 1. | Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement. |
| 2. | Appendix A to the Agreement is hereby deleted in its entirety and replaced by Appendix A attached hereto to reflect the name change of Xxxx Xxxx + Xxxxxx Partners Fund. |
| 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 in their names and on their behalf by and through their duly authorized officers, on the Effective Date.
| FORUM FUNDS | U.S. BANK, N.A. | ||||
| By: | /s/ Xxxxxxx Xxxxx | By: | /s/ Xxxxxxx X. Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxx | Xxxxxxx X. Xxxxxxxx | |||
| Title: | President | Senior Vice President | |||
APPENDIX A
Separate Portfolios
(FOREIGN AND DOMESTIC SECURITIES)
Forum Funds and U.S. Bank
Effective Date: September 22, 2022
Funds
| Absolute Capital Opportunities Fund |
| Absolute Convertible Arbitrage Fund |
| Absolute Flexible Fund |
| Absolute Strategies Fund |
| 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 |
A-1
