CUSTODIAL AND AGENCY SERVICES AGREEMENT
AMENDMENT TO THE
CUSTODIAL AND AGENCY SERVICES AGREEMENT
This Amendment is made to the Custodial and Agency Services Agreement dated April 23, 2012
(“Agreement”) between Citibank, N.A. (“Custodian”) and Strategy Shares (“Client”). All capitalized terms used but not defined herein shall have the meaning given to them in the Agreement, except as noted below. This Amendment shall be effective as of June 17, 2022.
WHEREAS, the Parties wish to amend Appendix A of the Agreement to reflect the addition of the Day Xxxxx/Xxx Xxxxx Smart Sector Research International ETF to the List of Funds; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties hereby agree as follows:
1. | Amendment to Appendix A – List of Funds. |
Appendix A of the Agreement is hereby deleted in its entirety and replaced with the Appendix A attached to the end of this Amendment.
2. | Miscellaneous. |
(a) This Amendment supplements and amends the Agreement. Except as provided in this Amendment, the provisions of the Agreement remain in full force and effect. The provisions set forth in this Amendment supersede all prior negotiations, understandings and agreements bearing upon the subject matter covered herein, including any conflicting provisions of the Agreement or any provisions of the Agreement that directly cover or indirectly bear upon matters covered under this Amendment.
(b) Paragraph headings in this Amendment are included for convenience only and are not to be used to construe or interpret this Amendment. No amendment or modification to this amendment shall be valid unless made in writing and executed by each Party hereto.
(c) This Amendment may be executed in counterparts, each of which shall be an original but all of which, taken together, shall constitute one and the same agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be duly executed all as of the day and year first above written.
STRATEGY SHARES | CITBANK, N.A. | |
/s/Xxxxxxx Xxxxxxxxxx | /s/Xxxxxxx Xxxxx | |
Name: Xxxxxxx Xxxxxxxxxx | Name: Xxxxxxx Xxxxx | |
Title: President | Title: Managing Director | |
Date: 6/22/22 | Date: 6/22/22 |
Appendix A to Custodial and Agency Services Agreement List of Funds
1. | Strategy Shares Nasdaq 7HANDL™ Index ETF |
2. | Strategy Shares Nasdaq 5HANDL™ Index ETF |
3. | Strategy Shares Newfound/ReSolve Robust Momentum ETF |
4. | Day Xxxxx/Xxx Xxxxx Research Smart Sector ETF |
5. | Strategy Shares Gold-Hedged Bond ETF |
6. | SSGBI Fund Limited, a wholly owned subsidiary of Strategy Shares Gold-Hedged Bond ETF |
7. | Day Xxxxx/Xxx Xxxxx Research Smart Sector Fixed Income ETF |
8. | Strategy Shares Halt Climate Change ETF |
9. | Strategy Shares Nasdaq 10HANDL™ Index ETF |
10. | Day Xxxxx/Xxx Xxxxx Research Smart Sector International ETF |