Exhibit 99.9(b)
State Street Bank and Trust Company
1 Congress Street
Boston, MA 02114
Attention: Senior Vice President - Custody Operations
with a copy to:
State Street Bank and Trust Company
Legal Division - Global Services Americas \
1 Congress Street
Boston, MA 02114
| Re: TrueShares Structured Outcome (January) ETF (“JANZ”), TrueShares Structured Outcome (February) ETF (“FEBZ”), TrueShares Structured Outcome (March) ETF (“MARZ”), TrueShares Structured Outcome (April) ETF (“APRZ”), TrueShares Structured Outcome (May) ETF (“MAYZ”), TrueShares Structured Outcome (June) ETF (“JUNZ”), TrueShares Structured Outcome (July) ETF (“JULZ”), TrueShares Structured Outcome (August) ETF (“AUGZ”), TrueShares Structured Outcome (September) ETF (“SEPZ”), TrueShares Structured Outcome (October) ETF (“OCTZ”), TrueShares Structured Outcome (November) ETF (“NOVZ”), TrueShares Structured Outcome (December) ETF (“DECZ”), RiverNorth Patriot ETF (“FLDZ”), RiverNorth Enhanced Pre-Merger SPAC ETF (“SPCZ”), RiverNorth Opal Dividend Income ETF (“DIVZ”), TrueShares Technology, AI, & Deep Learning ETF (“LRNZ”), TrueShares Active Yield ETF (“ERNZ”), TrueShares Eagle Global Renewable Energy Income ETF (“RNWZ”), RiverNorth Active Income ETF (“CEFZ”), Vulcan Value Partners Fund (“VPF”) and Vulcan Value Partners Small Cap Fund (“VSCF”) (the “Funds”) |
Ladies and Gentlemen:
Please be advised that the undersigned Funds have been incorporated and registered as a management investment company under the Investment Company Act of 1940, as amended.
In accordance with Section 29.15.2, the Additional Clients provision, of the Custody Agreement dated as of September 2, 2022, as amended, modified, or supplemented from time to time (the "Agreement"), by and among each registered investment company party thereto, and State Street Bank and Trust Company ("State Street"), the undersigned Funds hereby request that State Street act as Custodian for the new Funds under the terms of the Agreement, and that Appendix A to the Agreement is hereby amended and restated as set forth on Exhibit A attached hereto. In connection with such request, the undersigned Funds hereby confirm, as of the date hereof, its representations and warranties set forth in Section 26 of the Agreement.
Please indicate your acceptance of the foregoing by executing this letter agreement and returning a copy to the Funds.
Sincerely,
Elevation Series Trust
on behalf of:
TrueShares Structured Outcome (January) ETF, TrueShares Structured Outcome (February) ETF, TrueShares Structured Outcome (March) ETF, TrueShares Structured Outcome (April) ETF, TrueShares Structured Outcome (May) ETF, TrueShares Structured Outcome (June) ETF, TrueShares Structured Outcome (July) ETF, TrueShares Structured Outcome (August) ETF, TrueShares Structured Outcome (September) ETF, TrueShares Structured Outcome (October) ETF, TrueShares Structured Outcome (November) ETF, TrueShares Structured Outcome (December) ETF, RiverNorth Patriot ETF, RiverNorth Enhanced Pre-Merger SPAC ETF, RiverNorth Opal Dividend Income ETF, TrueShares Technology, AI, & Deep Learning ETF, TrueShares Active Yield ETF, TrueShares Eagle Global Renewable Energy Income ETF, RiverNorth Active Income ETF, Vulcan Value Partners Fund and Vulcan Value Partners Small Cap Fund
| By: | /s/ Bradley Swenson | |
| Name: | Bradley Swenson | |
| Title: | President | |
| Agreed and Accepted: | ||
| STATE STREET BANK AND TRUST COMPANY | ||
| By: | /s/ Scott Shirrell | |
| Name: | Scott Shirrell | |
| Title: | Managing Director | |
Information Classification: Limited Access
Appendix A
List of Funds and CustodianEntities
| Fund Name | Jurisdiction of formation |
| SRH U.S. Quality ETF | Delaware |
| Sovereign's Capital Flourish Fund | Delaware |
| SRH REIT Covered Call ETF | Delaware |
| TrueShares Quarterly Bull Hedge ETF | Delaware |
| TrueShares Quarterly Bear Hedge ETF | Delaware |
| Clough Hedged Equity ETF | Delaware |
| Clough Select Equity ETF | Delaware |
| RiverNorth Active Income ETF* | Delaware |
| Clough Short Duration ETF* | Delaware |
| Clough Flexible Income ETF* | Delaware |
| TrueShares Seasonality Laddered Buffered ETF | Delaware |
| The Opal International Dividend Income ETF | Delaware |
| TrueShares Structured Outcome (January) ETF* | Delaware |
| TrueShares Structured Outcome (February) ETF* | Delaware |
| TrueShares Structured Outcome (March) ETF* | Delaware |
| TrueShares Structured Outcome (April) ETF* | Delaware |
| TrueShares Structured Outcome (May) ETF* | Delaware |
| TrueShares Structured Outcome (June) ETF* | Delaware |
| TrueShares Structured Outcome (July) ETF* | Delaware |
| TrueShares Structured Outcome (August) ETF* | Delaware |
| TrueShares Structured Outcome (September) ETF* | Delaware |
| TrueShares Structured Outcome (October) ETF* | Delaware |
| TrueShares Structured Outcome (November) ETF* | Delaware |
| TrueShares Structured Outcome (December) ETF* | Delaware |
| RiverNorth Patriot ETF* | Delaware |
| RiverNorth Enhanced Pre-Merger SPAC ETF * | Delaware |
| RiverNorth Opal Dividend Income ETF* | Delaware |
| TrueShares Technology, AI, & Deep Learning ETF* | Delaware |
| TrueShares Active Yield ETF* | Delaware |
| TrueShares Eagle Global Renewable Energy Income ETF* | Delaware |
| Vulcan Value Partners Fund* | Delaware |
| Vulcan Value Partners Small Cap Fund* | Delaware |
*effective upon commencement
Information Classification: Limited Access |