AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Execution | Exhibit (h)(7) |
AMENDMENT
TO
TRANSFER AGENCY AND SERVICE AGREEMENT
This Amendment (the “Amendment”) is made as of June 25, 2021 by and between AdvisorShares Trust (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
BACKGROUND:
A. | WHEREAS, the Trust and BNY Mellon are parties to a Transfer Agency and Service Agreement dated as of July 16, 2009, as amended (the “Agreement”); |
B. | WHEREAS, this Amendment is an amendment to the Agreement and shall update the list of Series on Schedule I thereto and set forth terms applicable to certain of the Series; |
C. | WHEREAS, capitalized terms used in this Amendment shall have the meanings set forth in the Agreement unless otherwise defined herein; and |
D. | WHEREAS, the Trust and BNY Mellon desire to amend the Agreement with respect to the foregoing; |
TERMS:
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereto agree as follows:
1. | Schedule I shall be deleted in its entirety and replaced with amended Schedule I attached hereto. |
2. | Miscellaneous. |
(a) | As hereby amended and supplemented, the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control with respect to the matters described herein. |
(b) | This Amendment may be executed in any number of counterparts, either manually or by Electronic Signature, each of which will be deemed an original, and said counterparts when taken together will constitute one and the same instrument and may be sufficiently evidenced by one set of counterparts. Each party represents and warrants that the individual executing this Amendment on its behalf has the requisite authority to bind it to this Amendment including by Electronic Signature, and any such Electronic Signature represents an intent to enter into this Amendment and an agreement with its terms. As used herein, “Electronic Signature” shall mean image, representation or symbol inserted into an electronic copy of the Amendment by electronic, digital or other technological methods. Executed counterparts may be delivered by facsimile or email. |
(c) | If any provision or provisions of this Amendment shall be held to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. |
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Execution
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers designated below on the date and year first above written.
ADVISORSHARES TRUST | ||
By: | /s/ Xxx Xxxxxx | |
Name: | Xxx Xxxxxx | |
Title: | Secretary & Treasurer | |
THE BANK OF NEW YORK MELLON | ||
By: | /s/ Xxxxxxx Xxxxxxx | |
Name: | Xxxxxxx Xxxxxxx | |
Title: | Service Director | |
Date: | September 10, 2021 |
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Execution
SCHEDULE I
to
TRANSFER AGENCY AND SERVICE AGREEMENT
Dated July 16, 2009 between
and
THE BANK OF NEW YORK MELLON
(as of June 25, 2021)
SERIES OF ADVISORSHARES TRUST:
AdvisorShares Xxxxxx Xxxxxx ADR ETF
AdvisorShares Xxxxxx Xxxxxx Alpha Equal Weight ETF
AdvisorShares Xxxxxx Xxxxxx FSM All Cap World ETF
AdvisorShares Xxxxxx Xxxxxx FSM US Core ETF
AdvisorShares Xxxxxx Xxxxxx Micro-Cap ETF
AdvisorShares Xxxxxx Xxxxxx Short ETF
AdvisorShares DoubleLine Value ETF
AdvisorShares Focused Equity ETF
AdvisorShares FolioBeyond Smart Core Bond ETF
AdvisorShares Newfleet Multi-Sector Income ETF
AdvisorShares Pure Cannabis ETF
AdvisorShares Pure US Cannabis ETF
AdvisorShares Ranger Equity Bear ETF
AdvisorShares Sage Core Reserves ETF
AdvisorShares STAR Global Buy-Write ETF
AdvisorShares Vice ETF
AdvisorShares Q Dynamic Growth ETF
AdvisorShares Q Portfolio Blended Allocation ETF
AdvisorShares Alpha DNA Equity Sentiment ETF
AdvisorShares Hotel ETF
AdvisorShares Restaurant ETF
AdvisorShares Gerber Kawasaki ETF
AdvisorShares Psychedelics ETF
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