EX-99.(G)(10) 6 ex99-g10.htm AMENDMENT TO GLOBAL CUSTODIAL AND TRANSFER AGENCY SERVICES AGREEMENT
 

ETF Opportunities Trust 485BPOS

 

Exhibit 99(g)(10) 

 

 

 

 

EXECUTION COPY

 

AMENDMENT NO. 13
TO
GLOBAL CUSTODIAL AND AGENCY SERVICES AGREEMENT

 

This AMENDMENT No. 13 (“Amendment”) is made as of September 26, 2023, by and between ETF Opportunities Trust (“Client”) and Citibank, N.A. (“Custodian”, together with the Client, the “Parties”), to that certain Global Custodial and Agency Services Agreement dated May 14, 2020, between the Client and Service Provider (“Agreement”). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement.

 

WHEREAS, pursuant to the Agreement, the Custodian performs certain custodial services for the Client; and

 

WHEREAS, the Parties agree to amend Appendix A of the Agreement to add the following Funds listed in Amendment A to the portfolio of the Client and to rename the Formidable Small/Mid Cap ETF to the Formidable Dividend and Income ETF.

 

NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Client and Custodian hereby agree as follows:

 

1.Amendment to Appendix A of the Agreement – 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.Representations and Warranties.

 

a.The Client represents that it has full power and authority to enter into and perform this Amendment and that it has provided this Amendment to the Board.

 

b.The Custodian represents that it has full power and authority to enter into and perform this Amendment.

 

3.Miscellaneous.

 

a.This Amendment supplements and amends the Agreement. 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.Each reference to the Agreement in the Agreement (as it existed prior to this Amendment) and in every other agreement, contract or instrument to which the parties are bound, shall hereafter be construed as a reference to the Agreement as amended by this Amendment. Except as provided in this Amendment, the provisions of the Agreement remain in full force and effect. No amendment or modification to this Amendment shall be valid unless made in writing and executed by both Parties hereto.

 

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EXECUTION COPY

 

c.Paragraph headings in this Amendment are included for convenience only and are not to be used to construe or interpret this Amendment.

 

d.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.

 

  ETF OPPORTUNITIES TRUST
     
  By:  
     
  Name: David A. Bogaert
     
  Title: President
     
  Date: September 26, 2023

 

  CITIBANK, N.A.
     
  By:  
     
  Name: Michele Pitts
     
  Title: Vice President
     
  Date: 10/18/2023

 

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EXECUTION COPY

 

Amendment A

 

To the Global Custodial and Agency Services Agreement

 

List of Funds to add for ETF Opportunities Trust

 

-Tuttle Capital 2X Inverse Regional Banks ETF

-Tuttle Capital 2X Long AI ETF

-Tuttle Capital 2X Inverse AI ETF

-Brendan Wood TopGun ETF

-IDX Dynamic Innovation ETF

-IDX Dynamic Fixed Income ETF

 

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EXECUTION COPY

 

Appendix A

 

To the Global Custodial and Agency Services Agreement

 

List of Funds for ETF Opportunities Trust

 

Fund Name Authorized Participant Fee Per
  Create/Redeem (USD)
American Conservative Values ETF 1500
American Conservative Values Small-Cap ETF 250
Formidable ETF 250
Formidable Dividend and Income ETF 250
Formidable Fortress ETF 250
Applied Finance Valuation Large Cap ETF 750
Alpha Dog ETF 250
Kingsbarn Tactical Bond ETF 250
The WealthTrust DBS Long Term Growth ETF 250
Kingsbarn Dividend Opportunity ETF 250
Cultivar ETF 300
Tuttle Capital 2X DBMF ETF 250
Tuttle Capital 2X All Innovation ETF 250
Tuttle Capital 2X Inverse All Innovation ETF 250
T-Rex 2X Long Tesla Daily Target ETF 250
T-Rex 2X Inverse Tesla Daily Target ETF 250
T-Rex 2X Long NVIDIA Daily Target ETF 250
T-Rex 2X Inverse NVIDIA Daily Target ETF 250
LAFFER|TENGLER Equity Income ETF 250
REX IncomeMax AMD Strategy ETF 250
REX IncomeMax AMZN Strategy ETF 250
REX IncomeMax TSLA Strategy ETF 250
REX IncomeMax BIIB Strategy ETF 250
REX IncomeMax DIS Strategy ETF 250
REX IncomeMax EEM Strategy ETF 250
REX IncomeMax GDXJ Strategy ETF 250
REX IncomeMax GOOG Strategy ETF 250
REX IncomeMax META Strategy ETF 250
REX IncomeMax MSFT Strategy ETF 250
REX IncomeMax MSTR Strategy ETF 250
REX IncomeMax PYPL Strategy ETF 250
REX IncomeMax SLV Strategy ETF 250
REX IncomeMax SMH Strategy ETF 250
REX IncomeMax SNOW Strategy ETF 250
REX IncomeMax TLRY Strategy ETF 250
REX IncomeMax V Strategy ETF 250
REX IncomeMax UNG Strategy ETF 250
REX IncomeMax USO Strategy ETF 250
REX FANG Equity Premium Income ETF 250
Tuttle Capital 2X Inverse Regional Banks ETF 250
Tuttle Capital 2X Long AI ETF 250
Tuttle Capital 2X Inverse AI ETF 250
Brendan Wood TopGun ETF 250
IDX Dynamic Innovation ETF 250
IDX Dynamic Fixed Income ETF 250

 

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