CUSTODY AGREEMENTCustody Agreement • March 5th, 2020 • BNY Mellon ETF Trust • New York
AGREEMENT, dated as of February 12, 2020 between BNY Mellon ETF Trust, a Massachusetts business trust, having its principal office and place of business at 240 Greenwich Street, New York, New York 10286 (the “Trust”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business, having its principal office and place of business at 240 Greenwich Street, New York, New York 10286 (“Custodian”) and, solely for purposes of payment pursuant to Article VIII Paragraph 7 hereof, BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • March 5th, 2020 • BNY Mellon ETF Trust • New York
THIS AGREEMENT is made as of February 12, 2020 by and between each Trust listed on the signature page hereto (each a “Fund”, and collectively the “Funds” as applicable), The Bank of New York Mellon, a New York corporation authorized to do a banking business (“BNY Mellon”) and, solely for purposes of payment pursuant to Sections 6(d), 7, 11 and 15(c) hereof, BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
AUTHORIZED PARTICIPANT AGREEMENTAuthorized Participant Agreement • March 5th, 2020 • BNY Mellon ETF Trust • New York
This Authorized Participant Agreement (the “Agreement”) is entered into by and between BNY Mellon Securities Corporation (the “Distributor”), principal underwriter of the BNY Mellon ETF Trust (the “Trust”), a series trust offering a number of portfolios of securities (each a “Fund” and collectively the “Funds”), and____________________________(the “Participant”), and is subject to acceptance by The Bank of New York Mellon (the “Transfer Agent”). The Transfer Agent serves as the transfer agent of the Trust and is an Index Receipt Agent as that term is defined in the rules of the National Securities Clearing Corporation (“NSCC”). Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time, and included in the Trust’s Registration Statement on Form N-1A, as it may be amended from time to time, or otherwise filed with the U.S. Securities and Exchange Commission (the “SEC”) (together with such Fund’
SUB-INVESTMENT ADVISORY AGREEMENT BNY MELLON ETF INVESTMENT ADVISER, LLC 201 Washington Street Boston, Massachusetts 02108Sub-Investment Advisory Agreement • October 28th, 2022 • BNY Mellon ETF Trust • New York
FOURTH AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • May 4th, 2023 • BNY Mellon ETF Trust
This Fourth Amendment (“Amendment”) is made as of the 3rd day of April, 2023 (“Effective Date”), by and among BNY Mellon ETF Trust (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Section 2 of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
FOURTH AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • May 4th, 2023 • BNY Mellon ETF Trust
This Fourth Amendment (“Amendment”) is made as of the 3rd day of April, 2023 (“Effective Date”), by and among BNY Mellon ETF Trust (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Sections 6(d), 7, 11 and 15(c) of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
AGREEMENT REGARDING BNY MELLON JOINT INSURED BONDAgreement Regarding • September 14th, 2023 • BNY Mellon ETF Trust
AGREEMENT among BNY Mellon ETF Trust, and its underlying series, as to which BNY Mellon ETF Investment Adviser, LLC or any affiliate (the “Adviser”) now acts as investment adviser (individually, a “Fund” and, collectively, the “Funds”) and which are registered under the Investment Company Act of 1940, as amended (the “1940 Act”).
SECOND AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • March 2nd, 2022 • BNY Mellon ETF Trust • New York
This Second Amendment (“Amendment”) is made as of the 3rd day of August, 2021 (“Effective Date”), by and among BNY Mellon ETF Trust (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Section 2 of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
FOURTH AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • May 4th, 2023 • BNY Mellon ETF Trust
This Fourth Amendment (“Amendment”) is made as of the 3rd day of April, 2023 (“Effective Date”), by and among BNY Mellon ETF Trust (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Article VIII Paragraph 7 of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
AGREEMENT REGARDING BNY MELLON JOINT INSURED BONDAgreement Regarding • June 5th, 2020 • BNY Mellon ETF Trust
AGREEMENT among BNY Mellon ETF Trust, and its underlying series, as to which BNY Mellon ETF Investment Adviser, LLC or any affiliate (the “Adviser”) now acts as investment adviser (individually, a “Fund” and, collectively, the “Funds”) and which are registered under the Investment Company Act of 1940, as amended (the “1940 Act”).
BNY MELLON ETF INVESTMENT ADVISER, LLC FORM FUND OF FUNDS INVESTMENT AGREEMENTBny Mellon • February 28th, 2023 • BNY Mellon ETF Trust
THIS AGREEMENT, is made this 28th of September, 2022, by and among each registrant identified on Schedule A (each, an "Acquiring Trust"), on behalf of itself and its current and future series identified on Schedule A, severally and not jointly (each, an "Acquiring Fund" and collectively, the "Acquiring Funds"), and each registrant identified on Schedule B (each, an "Acquired Trust"), on behalf of itself and its respective series identified on Schedule B, severally and not jointly (each, an "Acquired Fund" and collectively the "Acquired Funds" and together with the Acquiring Funds, the "Funds"), and shall become effective on 28th of September, 2022 (the "Effective Date").
TRANSFER AGENCY AND SERVICE AGREEMENTAuthorized Participant Agreement • March 5th, 2020 • BNY Mellon ETF Trust • New York
THIS AGREEMENT is made as of the 20th day of February, 2020, by and among each Trust, including any underlying Series (if any) (hereinafter, each, a “Trust”, and, collectively, the “Trusts” (as applicable)) listed on Appendix A hereto (as such Appendix may be amended from time to time), THE BANK OF NEW YORK MELLON, a New York corporation authorized to do a banking business having its principal office and place of business at 240 Greenwich Street, New York, New York 10286 (the “Bank”), and, solely for purposes of payment pursuant to Section 2 hereof, BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
SECOND AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • November 29th, 2021 • BNY Mellon ETF Trust
This Second Amendment (“Amendment”) is made as of the 3rd day of August, 2021 (“Effective Date”), by and among BNY Mellon ETF Trust (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Article VIII Paragraph 7 of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
BNY MELLON ETF INVESTMENT ADVISER, LLC FUND OF FUNDS INVESTMENT AGREEMENTFunds Investment Agreement • October 26th, 2023 • BNY Mellon ETF Trust
THIS AGREEMENT, is made this 4 of August, 2023, by and among Sierra Investment Management, Inc. ("Sierra"), as an advisor to the registrant identified on Schedule A, each registrant identified on Schedule A (each, an "Acquiring Trust"), on behalf of itself and its current and future series identified on Schedule A, severally and not jointly (each, an "Acquiring Fund" and collectively, the "Acquiring Funds"), and each registrant identified on Schedule B (each, an "Acquired Trust"), on behalf of itself and its respective series identified on Schedule B, severally and not jointly (each, an "Acquired Fund" and collectively the "Acquired Funds" and together with the Acquiring Funds, the "Funds"), and shall become effective on 4 August, 2023 (the "Effective Date").
SECOND AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • November 29th, 2021 • BNY Mellon ETF Trust
This Second Amendment (“Amendment”) is made as of the 3rd day of August, 2021 (“Effective Date”), by and among BNY Mellon ETF Trust (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Section 2 of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
BY-LAWS OFBNY Mellon ETF Trust • October 1st, 2019
AGREEMENT REGARDING BNY MELLON JOINT INSURED BONDAgreement Regarding • May 24th, 2024 • BNY Mellon ETF Trust
AGREEMENT among BNY Mellon ETF Trust, and its underlying series, as to which BNY Mellon ETF Investment Adviser, LLC or any affiliate (the “Adviser”) now acts as investment adviser (individually, a “Fund” and, collectively, the “Funds”) and which are registered under the Investment Company Act of 1940, as amended (the “1940 Act”).
AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • August 2nd, 2021 • BNY Mellon ETF Trust • New York
This Amendment (“Amendment”) is made as of the 7th day of July, 2021 (“Effective Date”), by and among BNY Mellon ETF Trust (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Article VIII Paragraph 7 of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
SUB-INVESTMENT ADVISORY AGREEMENTSub-Investment Advisory Agreement • March 5th, 2020 • BNY Mellon ETF Trust • New York
PRODUCT LICENSE AGREEMENT MORNINGSTAR INDEX DATAProduct License Agreement • February 27th, 2024 • BNY Mellon ETF Trust
This Product License Agreement (“Product License Agreement”) is issued pursuant to and incorporated by reference into the below-defined Master License Agreement to form the Agreement between Licensor and Licensee with respect to the below-defined Product as of the Agreement Effective Date.
AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • August 2nd, 2021 • BNY Mellon ETF Trust • New York
This Amendment (“Amendment”) is made as of the 7th day of July, 2021 (“Effective Date”), by and among BNY Mellon ETF Trust (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Sections 6(d), 7, 11 and 15(c) of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
AGREEMENT REGARDING BNY MELLON JOINT INSURED BONDAgreement Regarding • August 6th, 2021 • BNY Mellon ETF Trust
AGREEMENT among BNY Mellon ETF Trust, and its underlying series, as to which BNY Mellon ETF Investment Adviser, LLC or any affiliate (the “Adviser”) now acts as investment adviser (individually, a “Fund” and, collectively, the “Funds”) and which are registered under the Investment Company Act of 1940, as amended (the “1940 Act”).
BNY MELLON ETF INVESTMENT ADVISER, LLC 201 Washington Street Boston, Massachusetts 02108BNY Mellon ETF Trust • February 28th, 2023
This Agreement may only be amended by agreement of the Trust, on behalf of the Fund, upon the approval of the Board of Trustees of the Trust and the Adviser to lower the net amounts shown and may only be terminated prior to March 1, 2024 in the event of termination of the Management Agreement between the Adviser and the Trust with respect to the Fund.
SECOND AMENDMENT TO CUSTODY AGREEMENTCustody Agreement • March 2nd, 2022 • BNY Mellon ETF Trust • New York
This Second Amendment (“Amendment”) is made as of the 3rd day of August, 2021 (“Effective Date”), by and among BNY Mellon ETF Trust (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Article VIII Paragraph 7 of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
SECOND AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • December 6th, 2021 • BNY Mellon ETF Trust • New York
This Second Amendment (“Amendment”) is made as of the 3rd day of August, 2021 (“Effective Date”), by and among BNY Mellon ETF Trust (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Sections 6(d), 7, 11 and 15(c) of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
SUBLICENSE AGREEMENTSublicense Agreement • February 14th, 2020 • BNY Mellon ETF Trust • Massachusetts
This Sublicense Agreement (the “Agreement”) is made as of February 10, 2020, by and between BNY Mellon ETF Investment Adviser, LLC, a registered investment adviser (the “Adviser”), and BNY Mellon ETF Trust, a Massachusetts business trust (the “Trust”), on behalf of its series listed on Schedule I hereto (each, a “Fund” and, collectively, the “Funds”).
DISTRIBUTION AGREEMENTDistribution Agreement • March 5th, 2020 • BNY Mellon ETF Trust
This is to confirm that, in consideration of the agreements hereinafter contained, each investment company identified on Exhibit A hereto, as such Exhibit may be amended from time to time, has agreed that you shall be, for the period of this agreement, the distributor of (a) shares of each series of each investment company set forth on Exhibit A hereto, as such Exhibit may be revised from time to time (each, the “Fund”). For purposes of this agreement the term “Shares” shall mean the authorized shares of the Fund. The Fund intends to create and redeem Shares on a continuous basis at their net asset value only in aggregations constituting a Creation Unit, as such term is defined in the registration statement filed from time to time by the Fund with the Securities and Exchange Commission (the “Commission”) and effective under the Securities Act of 1933, as amended (the “1933 Act”), and the Investment Company Act of 1940, as amended (the “1940 Act”) (the “Registration Statement,” which co
Index License Agreement (the “Agreement”) dated Solactive AG Platz der Einheit 1 60327 Frankfurt am MainIndex License Agreement • February 27th, 2024 • BNY Mellon ETF Trust
SUB-SUB-INVESTMENT ADVISORY AGREEMENT NEWTON INVESTMENT MANAGEMENT NORTH AMERICA, LLC BNY Mellon CenterBNY Mellon ETF Trust • February 27th, 2024
Each registered investment company and series thereof, if any, listed on Schedule 1 hereto, as such Schedule may be revised from time to time (each, the "Fund"), desires to employ its respective capital by investing and reinvesting the same in investments of the type and in accordance with the limitations specified in the Fund's Prospectus and Statement of Additional Information as from time to time in effect, copies of which have been or will be submitted to you, and in such manner and to such extent as from time to time may be approved by the Fund's Board. The Fund employs BNY Mellon ETF Investment Adviser, LLC (the "Adviser") to act as the Fund's investment adviser pursuant to a written agreement (the "Management Agreement"), a copy of which has been furnished to you. The Adviser employs Newton Investment Management North America LLC (the "Sub-Adviser") to act as the Fund's sub-adviser pursuant to a written agreement (the "Sub-Investment Advisory Agreement"), a copy of which has bee
MANAGEMENT AGREEMENTManagement Agreement • March 5th, 2020 • BNY Mellon ETF Trust • New York
The above-named investment company (the “Trust”) consisting of the series named on Schedule 1 hereto, as such Schedule may be revised from time to time (each, a “Fund”), herewith confirms its agreement with you as follows:
BNY MELLON ETF INVESTMENT ADVISER, LLC FORM FUND OF FUNDS INVESTMENT AGREEMENTAgreement • February 28th, 2023 • BNY Mellon ETF Trust
THIS AGREEMENT, is made this 1st of June, 2022, by and among each registrant identified on Schedule A (each, an "Acquiring Trust"), on behalf of itself and its current and future series identified on Schedule A, severally and not jointly (each, an "Acquiring Fund" and collectively, the "Acquiring Funds"), and each registrant identified on Schedule B (each, an "Acquired Trust"), on behalf of itself and its respective series identified on Schedule B, severally and not jointly (each, an "Acquired Fund" and collectively the "Acquired Funds" and together with the Acquiring Funds, the "Funds"), and shall become effective on June 1, 2022 (the "Effective Date").
BNY MELLON ETF INVESTMENT ADVISER, LLC FUND OF FUNDS INVESTMENT AGREEMENTFunds Investment Agreement • February 28th, 2023 • BNY Mellon ETF Trust
THIS AGREEMENT, is made this 25th of January, 2023, by and among each registrant identified on Schedule A (each, an "Acquiring Trust"), on behalf of itself and its current and future series identified on Schedule A, severally and not jointly (each, an "Acquiring Fund" and collectively, the "Acquiring Funds"), and each registrant identified on Schedule B (each, an "Acquired Trust"), on behalf of itself and its respective series identified on Schedule B, severally and not jointly (each, an "Acquired Fund" and collectively the "Acquired Funds" and together with the Acquiring Funds, the "Funds"), and shall become effective on 25th January, 2023 (the "Effective Date").
AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • August 2nd, 2021 • BNY Mellon ETF Trust • New York
This Amendment (“Amendment”) is made as of the 7th day of July, 2021 (“Effective Date”), by and among BNY Mellon ETF Trust (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Section 2 of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
SECOND AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • November 29th, 2021 • BNY Mellon ETF Trust
This Second Amendment (“Amendment”) is made as of the 3rd day of August, 2021 (“Effective Date”), by and among BNY Mellon ETF Trust (the “Trust”), The Bank of New York Mellon (“BNY Mellon”) and, solely for purposes of payment pursuant to Sections 6(d), 7, 11 and 15(c) of the Agreement (defined below), BNY Mellon ETF Investment Adviser, LLC (the “Adviser”).
ORDER SCHEDULEBNY Mellon ETF Trust • February 27th, 2024
This Order Schedule (the “Order Schedule”) is dated as of 21 September 2023 (the “Order Schedule Effective Date”) between Solactive AG (“Solactive”) and The Bank of New York Mellon
