THIRD AMENDMENT TO THE AMENDED AND RESTATED CUSTODY AGREEMENT
THIRD AMENDMENT TO THE AMENDED AND RESTATED CUSTODY AGREEMENT
THIS THIRD AMENDMENT effective as of the last date in the signature block, to the Amended and Restated Custody Agreement, dated as of September 1, 2017 (the "Agreement"), is entered into by and among FUNDX INVESTMENT TRUST, a Delaware statutory trust (the “Trust”) and U.S. Bank, N.A., a national banking association (the "Custodian").
RECITALS
WHEREAS, the parties have entered into a Custody Agreement; and
WHEREAS, the parties desire to amend Section 13.01 of the Custody Agreement; and
WHEREAS, this Agreement will be in effect upon the conversion to ETF on October 14, 2022. However, if such conversion is not completed by October 31, 2022, this Agreement shall not go into effect; and
WHEREAS, Article XV, Section 15.02 of the Custody Agreement allows for its amendment by a written instrument executed by the parties.
NOW, THEREFORE, the parties agree as follows:
•Section 13.01, shall be herby replaced and superseded by the following statement, “This Agreement shall become effective as of the last date in the signature block and will continue in effect for a period of one (1) year.”
Except to the extent amended hereby, the Custody Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
By: /s/Xxxx Xxxxx Name: Xxxx Xxxxx Title: President Date: August 26, 2022 | U.S. BANCORP FUND SERVICES, LLC By: /s/Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Sr. Vice President Date: August 29, 2022 | ||||
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Exhibit B to the
Fund Names
Separate Series of FundX Investment Trust
Name of Series
FundX Flexible Income Fund
FundX Conservative Upgrader Fund
FundX Sustainable Impact Fund
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