CERTIFICATE OF AMENDMENT TO THE SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF THE Cushing MLP & Infrastructure Total Return FundAgreement and Declaration of Trust • August 11th, 2023 • NXG Cushing Midstream Energy Fund
Contract Type FiledAugust 11th, 2023 CompanyWHEREAS, this amendment to the Second Amended and Restated Agreement and Declaration of Trust, dated May 12, 2011, and as amended through the date hereof (the “Declaration of Trust”), of The Cushing MLP & Infrastructure Total Return Fund, a Delaware statutory trust (the “Trust”), has been approved by the Trustees in accordance with Article IX, Section 10 thereof;