FIRST AMENDMENT TO THE ETF CUSTODY AGREEMENT
FIRST AMENDMENT TO THE
THIS FIRST AMENDMENT effective as of the last date on the signature block, to the ETF Custody Agreement, dated as of December 20, 2021, (the "Agreement"), is entered into by and between STRATEGIC TRUST, a Delaware statutory trust (the "Trust"), formerly known as Xxxxx Strategic ETF Trust, and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the "Custodian").
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, since entering into the Agreement, the Trust has amended its name from Xxxxx Strategic ETF Trust to Strategic Trust; and
WHEREAS, the parties desire to amend the Agreement to update Exhibit A, to add the following ETF:
Hashdex Ethereum Strategy ETF
WHEREAS, Section 15.02 of the Agreement allows for its amendment by a written instrument executed by both parties.
NOW, THEREFORE, the parties agree as follows:
1.Exhibit A of the Agreement is hereby superseded and replaced in its entirety with Exhibit A attached hereto.
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year last written below.
STRATEGIC TRUST | U.S. BANK NATIONAL ASSOCIATION | ||||
By: __________________________________ | By: __________________________________ | ||||
Name: ________________________________ | Name: ________________________________ | ||||
Title: _________________________________ | Title: _________________________________ | ||||
Date: _________________________________ | Date: _________________________________ |
1
Exhibit A to the ETF Custody Agreement
Separate Series of Strategic Trust
Name of Series
Xxxxx Internet of Things Technology ETF
Xxxxx XXXXXX & Xxxx Editing Technology ETF
Xxxxx Hotel & Lodging Sector ETF
Xxxxx Residential & Apartment Real Estate ETF
Hashdex Ethereum Strategy ETF
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