EX-99.G CUST AGREEMT 5 ex99g_2.htm

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 September 1, 2021.

WHEREAS, the Parties wish to amend Appendix A of the Agreement to reflect the addition of the Day Hagan/Ned Davis Research Smart Sector Fixed Income ETF and Strategy Shares Halt Climate Change 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.

 

 

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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be duly executed all as of the day and year first above written.

Citibank, N.A.   Strategy Shares
By: /s/Marc Fryburg   By: /s/Jennifer Bailey
Name: Marc Fryburg   Name: Jennifer Bailey
Title: Vice President, Investor Services   Title: Secretary
 

 

 

 
 

 

Appendix A

 

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 Hagan/Ned Davis 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 Hagan/Ned Davis Research Smart Sector Fixed Income ETF
  8. Strategy Shares Halt Climate Change ETF