ETF Opportunities Trust 485BPOS
Exhibit 99.(g)(40)
SEVENTH AMENDMENT TO THE
CUSTODY AGREEMENT
THIS SEVENTH AMENDMENT effective as the last date of the signature block (the “Effective Date”), to the Custody Agreement dated as of August 13, 2024, as amended (the “Agreement”), is entered into by and between ETF OPPORTUNITIES 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 the Agreement; and
WHEREAS, the parties desire to amend the Agreement to update Exhibit A to add the following ETFs and take into account present circumstances:
● | OTG Latin America ETF |
● | Hedgeye Quality Growth ETF |
● | Hedgeye Capital Allocation ETF |
● | REX-Osprey™ MOVE ETF |
● | Tuttle Capital No Bleed Tail Risk ETF |
WHEREAS, the parties desire to amend the Agreement to update Exhibit A to update the names of the following ETFs:
● | REX-Osprey™ ETH ETF to REX-Osprey™ ETH + Staking ETF |
● | REX-Osprey™ SOL ETF to REX-Osprey™ SOL + Staking ETF |
WHEREAS, Section 15.02 of the Agreement allows for its amendment by a written instrument executed by both parties and authorized or approved by the Board of Trustees of the Trust.
NOW, THEREFORE, the parties agree as follows:
Exhibit A of the Agreement is hereby superseded and replaced in its entirety with Exhibit A attached hereto.
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
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 date last written below.
ETF OPPORTUNITIES TRUST | U.S. BANK NATIONAL ASSOCIATION | |||
By: | /s/ David A. Bogaert | By: | /s/ Greg Farley | |
Name: | David Bogaert | Name: | Greg Farley | |
Title: | President | Title: | Sr. Vice President | |
Date: | 5/29/2025 | Date: | 5/29/2025 |
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Exhibit A
Custody Agreement
Separate Series of ETF Opportunities Trust
Name of Series:
Hedgeye Capital Allocation ETF
Hedgeye Quality Growth ETF
OTG Latin America ETF
REX Bitcoin Corporate Treasury Convertible Bond ETF
REX Crypto Equity Premium Income ETF
REX IncomeMax IBIT Strategy ETF
REX-Osprey™ MOVE ETF
REX-Osprey™ BONK ETF
REX-Osprey™ BTC ETF
REX-Osprey™ DOGE ETF
REX-Osprey™ ETH + Staking ETF
REX-Osprey™ SOL + Staking ETF
REX-Osprey™ TRUMP ETF
REX-Osprey™ XRP ETF
SMI 3Fourteen REAL Asset Allocation ETF
TappAlpha SPY Growth & Daily Income ETF
T-Rex 2X Long ARM Daily Target ETF
T-Rex 2X Long DJT Daily Target ETF
T-Rex 2X Long GME Daily Target ETF
T-Rex 2X Long HOOD Daily Target ETF
T-Rex 2X Long RBLX Daily Target ETF
T-Rex 2X Long SNOW Daily Target ETF
Tuttle Capital AI in Healthcare ETF
Tuttle Capital DeepSeek Global AI Innovation and Disruption ETF
Tuttle Capital MSTR 0DTE Covered Call ETF
Tuttle Capital MSTR Put Write ETF
Tuttle Capital NVDA 0DTE Covered Call ETF
Tuttle Capital QQQ Put Write ETF
Tuttle Capital Quantum Computing AI Powered Covered Call ETF
Tuttle Capital TSLA 0DTE Covered Call ETF
Tuttle Capital No Bleed Tail Risk ETF
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