Exhibit (h)(xxviii)
AMENDMENT NO. 1 TO THE
FUND OF FUNDS INVESTMENT AGREEMENT
This Amendment No. 1 to the Fund of Funds Investment Agreement (the “Agreement”), dated as of January 19, 2022, between AltShares Trust, on behalf of its series listed on Schedule A, severally and not jointly (each, the “Acquiring Fund”), and SPDR Series Trust, SPDR Index Shares Funds and SSGA Active Trust (each, a Trust”), each on behalf of each of their series listed on Schedule B, severally and not jointly (each, the “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, facsimile, or electronic mail to the address for each party specified below.
| If to the Acquiring Fund: | If to the Acquired Fund: |
| Jonathon Hickey | State Street Investment Management |
| Senior Managing Partner and | One Congress Street |
| Chief Operating Officer | Boston, MA 02114 |
| c/o Water Island Capital, LLC | Attn: Global Funds Management |
| 104 Fifth Avenue, 9th Floor | Email: NewFoFRule@SSGA.com |
| New York, NY 10011 | |
| Email: operations@wicfunds.com | |
| With a copy to: | With a copy to: |
| Philip Channen | State Street Investment Management |
| Chief Compliance Officer | One Congress Street |
| c/o Water Island Capital, LLC | Boston, MA 02114 |
| 104 Fifth Avenue, 9th Floor | Attn: Legal Department |
| New York, NY 10011 | Email: NewFoFRule@SSGA.com |
| Email: compliance@wicfunds.com |
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.
SPDR SERIES TRUST
SPDR INDEX SHARES FUNDS
SSGA ACTIVE TRUST
(each on behalf of their series listed on Schedule B, severally and not jointly)
| By: | /s/ Ann M. Carpenter | |
| Name: | Ann M. Carpenter | |
| Title: | President |
ALTSHARES TRUST
(each on behalf of its series listed on Schedule A, severally and not jointly)
| By: | /s/ Jonathon Hickey | |
| Name: | Jonathon Hickey | |
| Title: | Chief Financial Officer |
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