Exhibit (h)(xxiv)
AMENDMENT NO. 1 TO THE
FORM OF RULE 12d1-4
FUND OF FUNDS INVESTMENT AGREEMENT
This Amendment No. 1 to the Form of Rule 12d1-4 Fund of Funds Investment Agreement (the “Agreement”), dated as of January 19, 2022, between the Acquiring Funds listed on Schedule A (each, an “Acquiring Fund”), and the Acquired Funds listed on Schedule B (each, an “Acquired Fund” and together with the Acquiring Funds, the “Funds”), is effective as of February 27, 2026.
WHEREAS, the address of the Acquiring Funds has changed.
NOW THEREFORE, the Funds hereby agree to amend the Agreement as follows:
1. Section 4 of the Agreement is hereby deleted in its entirety and replaced with the following:
| 4. | Notices |
All notices, including all information that either party is required to provide under the terms of this Agreement and the Rule, shall be in writing and shall be delivered by registered or overnight mail, or electronic mail to the address for each party specified below.
| If to the Acquiring Fund: | If to the Acquired Fund: |
| Jonathon Hickey | VanEck Compliance Department |
| Senior Managing Partner and | c/o Van Eck Associates Corporation |
| Chief Operating Officer | 666 Third Avenue, 9th Floor |
| c/o Water Island Capital, LLC | New York, NY 10017 |
| 104 Fifth Avenue, 9th Floor | Email: compliance@vaneck.com |
New York, NY 10011 Email: operations@wicfunds.com |
| With a copy to: | With a copy to: |
| Philip Channen | Van Eck Associates Corporation |
| Chief Compliance Officer | Attn: Legal Dept. |
| c/o Water Island Capital, LLC 104 Fifth Avenue, 9th Floor |
666 Third Avenue, 9th Floor New York, NY 10017 |
New York, NY 10011 Email: compliance@wicfunds.com |
Email: legal notices@vaneck.com |
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.
| VanEck ETF Trust | ||
| Signature | ||
| /s/ Lisa Moss | ||
| Name: | Lisa Moss | |
| Title: | Assistant Vice President & Corporate Counsel | |
| On Behalf of the Acquiring Funds | ||
| Signature | ||
| /s/ Jonathon Hickey | ||
| Name: | Jonathon Hickey | |
| Title: | See Below1 | |
1 Jonathon Hickey serves as Senior Managing Partner and Chief Operating Officer of Water Island Capital, LLC, the investment adviser of The Arbitrage Funds and AltShares Trust (each a “Trust”, and collectively the “Trusts”). Mr. Hickey also serves as Chief Financial Officer of each Trust.
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