Exhibit 99.(a)(4)

 

FIRST AMENDMENT

TO THE AMENDED AND RESTATED AGREEMENT

AND DECLARATION OF TRUST

OF

TRUTH SOCIAL FUNDS

(An Ohio Statutory Trust)

 

 

This First Amendment to the Amended and Restated Agreement and Declaration of Trust of Truth Social Funds, an Ohio statutory trust (this “Amendment”), is entered into effective as of May 12, 2026.

 

RECITALS

 

WHEREAS, the Trustees of Truth Social Funds (the “Trust”) previously adopted that certain Amended and Restated Agreement and Declaration of Trust dated October 22, 2025 (the “Declaration of Trust”);

 

WHEREAS, pursuant to Section 7.3 of the Declaration of Trust, the Trustees are authorized to amend the Declaration of Trust, including to change the name of the Trust, without shareholder approval to the extent permitted by applicable law;

 

WHEREAS, the Trustees have determined that it is advisable and in the best interests of the Trust and its shareholders to change the name of the Trust from “Truth Social Funds” to “Yorkville America Investment Trust”; and

 

WHEREAS, the Trustees previously approved this Amendment and the transactions contemplated hereby pursuant to a written consent adopted in accordance with the Declaration of Trust and applicable law.

 

NOW, THEREFORE, the Declaration of Trust is hereby amended as follows:

 

1. AMENDMENT TO SECTION 1.1.

 

Section 1.1 of the Declaration of Trust is hereby amended and restated in its entirety to read as follows:

 

Section 1.1 Name. This Trust shall be known as “Yorkville America Investment Trust” and the Trustees shall conduct the business of the Trust under that name or any other name as they may from time to time determine.

 

2. CONTINUING EFFECT

 

 

 

Except as expressly amended hereby, the Declaration of Trust shall remain unchanged and in full force and effect.

 

IN WITNESS WHEREOF, the undersigned, being a duly authorized Trustee of the Trust, has executed this Amendment as of the date first written above.

 

/s/ Mary Lou H. Ivey, Trustee  
Mary Lou H. Ivey, Trustee