THIRD AMENDMENT TO THE ETF CUSTODY AGREEMENT
Certain identified information has been excluded from the exhibit because it is both not material and the type that the Registrant treats as private or confidential.
THIRD AMENDMENT TO THE
THIS THIRD AMENDMENT (this “Amendment”) to the ETF Custody Agreement dated as of August 29, 2022, as amended (the “Agreement”), is made and entered into as of March 29, 2025 (the “Effective Date”) by and between FUNDX INVESTMENT TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).
RECITALS
WHEREAS, the parties have entered into an Agreement; and
WHEREAS, the parties desire to amend Section 15.08 of the Agreement to update the Custodian’s notice address;
WHEREAS, the parties desire to amend Exhibit A of the Agreement;
WHEREAS, the parties desire to amend the fee schedule in Exhibit B of the Agreement; and
WHEREAS, Article XV, Section 15.02 of the Custody Agreement allows for its amendment by a written instrument executed by the parties and authorized or approved by the Board of Trustees.
NOW, THEREFORE, the parties agree as follows:
1.As of the Effective Date, the Custodian’s notice address in Section 15.08 is hereby replaced by the following:
U.S. Bank National Association
Lunken Operations Center
CN-OH-L2GL
▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇
Cincinnati, Ohio 45226
Attn: Global Fund Custody Support Services
Fax: ▇▇▇.▇▇▇.▇▇▇▇
Email: ▇▇▇▇▇.-.▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇.▇▇▇
2.As of the Effective Date, Exhibit A of the Agreement is hereby superseded and replaced in its entirety with the Exhibit A attached hereto.
3.As of the Effective Date, Exhibit B of the Agreement is hereby superseded and replaced in its entirety with the Exhibit B attached hereto.
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
SIGNATURES ON NEXT PAGE
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Certain identified information has been excluded from the exhibit because it is both not material and the type that the Registrant treats as private or confidential.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a duly authorized officer on one or more counterparts as of the Effective Date.
U.S. BANK NATIONAL ASSOCIATION | ||||||||||||||
| By: | /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ | By: | /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ | |||||||||||
| Name: | ▇▇▇▇▇▇▇ ▇▇▇▇▇ | Name: | ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ | |||||||||||
| Title: | President | Title: | Senior Vice President | |||||||||||
| Date: | 5/29/2025 | Date: | 5/30/2025 | |||||||||||
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Certain identified information has been excluded from the exhibit because it is both not material and the type that the Registrant treats as private or confidential.
EXHIBIT A
to the Custody Agreement
Separate Series of FundX Investment Trust
| Name of Series | Adviser | ||||
| FundX ETF | One Capital Management, LLC | ||||
| FundX Aggressive ETF | One Capital Management, LLC | ||||
| FundX Conservative ETF | One Capital Management, LLC | ||||
| FundX Flexible ETF | One Capital Management, LLC | ||||
| FundX Global Equity ETF | One Capital Management, LLC | ||||
| FundX Future Fund Opportunities ETF | One Capital Management, LLC | ||||
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Certain identified information has been excluded from the exhibit because it is both not material and the type that the Registrant treats as private or confidential.
EXHIBIT B
to the Custody Agreement
Fee Schedule
Custody Services Fee Schedule
The following reflects the greater of the basis points or annual minimum where the applicable adviser as noted on Exhibit A (each an Adviser") acts as investment adviser to certain fund(s) in the FundX Investment Trust ("the Trust")
*Basis points on Trust AUM
First $___ - ___ bp
Balance - ___ bp
*Annual Minimum annual fee per fund:
Funds 1-5 - $___
Funds 6+ - $___
Plus portfolio transaction fees
*Subject to annual CPI increase-All Urban Consumers - U.S. City Average" index, provided that the CPI adjustment will not decrease the base fees (even if the cumulative CPI rate at any point in time is negative). Fees are calculated pro rata and billed monthly.
Each fund, regardless of asset size, will have fees allocated to it equal to the per fund minimum. Should the complex level basis point fee calculation exceed the complex level minimum fee level calculation, the fees in excess of the minimum will be allocated to each fund based on the percent on AUM. Once a Fund is operational, should this service agreement with U.S. Bank be terminated prior to the end of the initial three-year period, Adviser will be responsible for the balance of the minimum fees for the remainder of the initial three-year period. Following the initial three-year period, this fee schedule will automatically renew (unless otherwise amended or terminated) for successive three-year periods, and should this service agreement with U.S. Bank be terminated prior to the end of such a three-year period, Adviser will be responsible for the balance of the minimum fees for the remainder of such three-year period. Additional services not included herein shall be mutually agreed upon at the time of the service being added. In addition to the fees described above, additional fees may be charged to the extent that changes to applicable laws, rules or regulations require additional work or expenses related to services provided (e.g., compliance with new derivatives risk management and reporting requirements).
Portfolio Transaction Fees
■$ ___ - Book entry DTC transaction, Federal Reserve transaction, principal paydown
■$ ___ - Repurchase agreement, reverse repurchase agreement, time deposit/CD or other non-depository transaction
■$ ___ - Option/SWAPS/future contract written, exercised or expired
■$ ___ - Mutual fund trade, Margin Variation Wire and outbound Fed wire
■$ ___ - Physical security transaction
■$ ___ - Check disbursement (waived if U.S. Bank is Administrator)
■$___ Manual instructions fee (Additional Per Securities and Cash Transactions)
■$___ Manual Cancellation/Repair Fee (Additional Per Securities and Cash Transactions)
$___ Per Non-USD Wire
$___ Per Non-FX Executed at U.S. Bank
$___ Monthly charge on zero valued securities (Per ISIN)
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Certain identified information has been excluded from the exhibit because it is both not material and the type that the Registrant treats as private or confidential.
$___ Per Proxy Vote cast
$___ Dormant account fee (one year no activity)
A transaction is a purchase/sale of a security, free receipt/free delivery, maturity, tender or exchange.
Chief Compliance Officer Support Fee
■N/A
Miscellaneous Expenses
All other miscellaneous fees and expenses, including but not limited to the following, will be separately billed as incurred: expenses incurred in the safekeeping, delivery and receipt of securities, shipping, transfer fees, deposit withdrawals at custodian (DWAC) fees, SWIFT charges, negative interest charges and extraordinary expenses based upon complexity.
Additional Services
■Additional Services fees apply for global servicing. Fund of Fund expenses quoted separately
■$ ___ per custody sub - account per year (e.g., per sub -adviser, segregated account, etc.)
■Class Action Services - $ ___ filing fee per class action per account, plus ___% of gross proceeds, up to a maximum per recovery not to exceed $ ___.
■No charge for the initial conversion free receipt.
■Overdrafts - charged to the account at prime interest rate plus ___%, unless a line of credit is in place.
■Additional fees will apply - Third Party lending.
■$___ per SMA converting into the fund (waived to $___ per SMA for two 351 transfers that will potentially involve ___ SMAs, FundX Global Equity ETF and FundX Future Fund Opportunities ETF).
Additional services not included above shall be mutually agreed upon at the time of the service being added. In addition to the fees described above, additional fees may be charged to the extent that changes to applicable laws, rules or regulations require additional work or expenses related to services provided (e.g., margin management services, securities lending services, compliance with new SEC rules and reporting requirements).
Fees are calculated pro rata and billed monthly.
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Certain identified information has been excluded from the exhibit because it is both not material and the type that the Registrant treats as private or confidential.
Additional Global Sub-Custodial Services Annual Fee Schedule
| Country | Safekeeping (BPS) | Transaction Fee | Country | Safekeeping (BPS) | Transaction Fee | Country | Safekeeping (BPS) | Transaction Fee | ||||||||||||||||||||||||
| Argentina | ___ | ___ | Hungary | ___ | ___ | Portugal | ___ | ___ | ||||||||||||||||||||||||
| Australia | ___ | ___ | Iceland | ___ | ___ | Qatar | ___ | ___ | ||||||||||||||||||||||||
| Austria | ___ | ___ | India | ___ | ___ | Romania | ___ | ___ | ||||||||||||||||||||||||
| Bahrain | ___ | ___ | Indonesia | ___ | ___ | Russia | ___ | ___ | ||||||||||||||||||||||||
| Bangladesh | ___ | ___ | Ireland | ___ | ___ | Saudi Arabia | ___ | ___ | ||||||||||||||||||||||||
| Belgium | ___ | ___ | Israel | ___ | ___ | Serbia | ___ | ___ | ||||||||||||||||||||||||
| Bermuda | ___ | ___ | Italy | ___ | ___ | Singapore | ___ | ___ | ||||||||||||||||||||||||
| Botswana | ___ | ___ | Japan | ___ | ___ | Slovakia | ___ | ___ | ||||||||||||||||||||||||
| Brazil | ___ | ___ | Jordan | ___ | ___ | Slovenia | ___ | ___ | ||||||||||||||||||||||||
| Bulgaria | ___ | ___ | Kenya | ___ | ___ | South Africa | ___ | ___ | ||||||||||||||||||||||||
| Canada | ___ | ___ | Kuwait | ___ | ___ | South Korea | ___ | ___ | ||||||||||||||||||||||||
| Chile | ___ | ___ | Latvia | ___ | ___ | Spain | ___ | ___ | ||||||||||||||||||||||||
| China Connect | ___ | ___ | Lithuania | ___ | ___ | Sri Lanka | ___ | ___ | ||||||||||||||||||||||||
| China (B Shares) | ___ | ___ | Luxembourg | ___ | ___ | Sweden | ___ | ___ | ||||||||||||||||||||||||
| Colombia | ___ | ___ | Malaysia | ___ | ___ | Switzerland | ___ | ___ | ||||||||||||||||||||||||
| Costa Rica | ___ | ___ | Malta | ___ | ___ | Tanzania | ___ | ___ | ||||||||||||||||||||||||
| Croatia | ___ | ___ | Mauritius | ___ | ___ | Taiwan | ___ | ___ | ||||||||||||||||||||||||
| Cyprus | ___ | ___ | Mexico | ___ | ___ | Thailand | ___ | ___ | ||||||||||||||||||||||||
| Czech Republic | ___ | ___ | Morocco | ___ | ___ | Tunisia | ___ | ___ | ||||||||||||||||||||||||
| Denmark | ___ | ___ | Namibia | ___ | ___ | Turkey | ___ | ___ | ||||||||||||||||||||||||
| Egypt | ___ | ___ | Netherlands | ___ | ___ | UAE | ___ | ___ | ||||||||||||||||||||||||
| Estonia | ___ | ___ | New Zealand | ___ | ___ | Uganda | ___ | ___ | ||||||||||||||||||||||||
| Euroclear (Eurobonds) | ___ | ___ | Nigeria | ___ | ___ | Ukraine | ___ | ___ | ||||||||||||||||||||||||
| Euroclear (Non-Eurobonds) | Rates are available upon request | Rates are available upon request | Norway | ___ | ___ | United Kingdom | ___ | ___ | ||||||||||||||||||||||||
| Finland | ___ | ___ | Oman | ___ | ___ | Uruguay | ___ | ___ | ||||||||||||||||||||||||
| France | ___ | ___ | Pakistan | ___ | ___ | Vietnam | ___ | ___ | ||||||||||||||||||||||||
| Germany | ___ | ___ | Panama | ___ | ___ | West African Economic Monetary Union (WAEMU)** | ___ | ___ | ||||||||||||||||||||||||
| Ghana | ___ | ___ | Peru | ___ | ___ | Zambia | ___ | ___ | ||||||||||||||||||||||||
| Greece | ___ | ___ | Philippines | ___ | ___ | Zimbabwe | ___ | ___ | ||||||||||||||||||||||||
| Hong Kong | ___ | ___ | Poland | ___ | ___ | |||||||||||||||||||||||||||
*Transaction Fee includes: Receive Versus Payment (RVP), Delivery Versus Payment (DVP), FREE REC, and FREE DEL activity related to securities settlement within U.S. Bank sub-custodian network. **Includes Ivory Coast, Mali, Niger, Burkina Faso, Senegal, Guinea Bissau, Togo and Benin.
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Certain identified information has been excluded from the exhibit because it is both not material and the type that the Registrant treats as private or confidential.
Global Custody Base Fee
Base Fee: A monthly base fee of $___ per fund will apply. If no global assets are held within a given month, the monthly base charge will not apply for that month. In addition, the follow may apply. Safekeeping and transaction fees are assessed on security and currency transactions. Plus: Global Custody Transaction Fees - Global Custody transaction fees associate with Sponsor Trades. (See schedule above) A transaction is defined as any purchase/sale, free receipt / free delivery, maturity, tender or exchange of a security. Global Safekeeping and Transaction Fees (See schedule above)
Global Custody Tax Services:
■$ ___ per annum - Global Filing
■$ ___ per annum - U.S. Domestic Filing (Only ADRs)
■Any client who does not elect for tax services (and does them themselves, would be charged an out of pocket expense per the normal process).
Miscellaneous Expenses
■Charges incurred by U.S. Bank, N.A. directly or through sub-custodians for account opening fees, local taxes, stamp duties or other local duties and assessments, stock exchange fees, foreign exchange transactions, postage and insurance for shipping, facsimile reporting, extraordinary telecommunications fees, proxy services and other shareholder communications, recurring administration fees, negative interest charges, overdraft charges or other expenses which are unique to a country in which the client or its clients is investing will be passed along as incurred. A surcharge may be added to certain miscellaneous expenses listed herein to cover handling, SWIFT reporting and message fees.
■"Sponsor trades" are defined as any trades put through the Portfolio, on behalf of the Fund by any portfolio manager/sub advisor and their affiliates authorized by the BOT to act on behalf of the Fund, outside of the create/redeem process. Cash-in-Lieu proceeds received as part of the create/redeem process, and their related transactions are not to be considered "Sponsor Trades."
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