AMENDMENT TO CUSTODY AGREEMENT
VIRTUS ETF TRUST II 485BPOS
Exhibit 99(g)(2)
AMENDMENT
TO
This Amendment (“Amendment”) dated July 12, 2021 (“Effective Date”) is by and between Virtus ETF Trust II (the “Trust”) and The Bank of New York Mellon (“BNY Mellon”).
BACKGROUND:
| A. | BNY Mellon and the Trust entered into a Custody Agreement dated as of July 16, 2015, as amended (the “Agreement”) relating to BNY Mellon’s provision of custody services. |
| B. | The parties desire to amend the Agreement as set forth herein. |
| C. | This Background section is incorporated by reference into and made a part of this Amendment. |
TERMS:
The parties hereby agree that:
| 1. | Schedule II to the Agreement is hereby deleted and replaced in its entirety with Schedule II attached hereto. |
| 2. | Miscellaneous. |
| (a) | As hereby amended and supplemented, the Agreement shall remain in full force and effect. |
| (b) | The Agreement, as amended hereby, constitutes the complete understanding and agreement of the parties with respect to the subject matter thereof and supersedes all prior communications with respect thereto. |
| (c) | The parties expressly agree that this Amendment may be executed in one or more counterparts and expressly agree that such execution may occur by manual signature on a physically delivered copy of this Amendment, by a manual signature on a copy of this Amendment transmitted by facsimile transmission, by a manual signature on a copy of this Amendment transmitted as an imaged document attached to an email, or by “Electronic Signature”, which is hereby defined to mean inserting an image, representation or symbol of a signature into an electronic copy of this Amendment by electronic, digital or other technological methods. Each counterpart executed in accordance with the foregoing shall be deemed an original, with all such counterparts together constituting one and the same instrument. The exchange of executed counterparts of this Amendment or of executed signature pages to counterparts of this Amendment, in either case by facsimile transmission or as an imaged document attached to an email transmission, shall constitute effective execution and delivery of this Amendment and may be used for all purposes in lieu of a manually executed and physically delivered copy of this Amendment. |
| (d) | This Amendment shall be governed by the laws of the State of New York, without regard to its principles of conflicts of laws. |
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed as of the Effective Date by its duly authorized representative indicated below. An authorized representative, if executing this Amendment by Electronic Signature, affirms authorization to execute this Amendment by Electronic Signature and that the Electronic Signature represents an intent to enter into this Amendment and an agreement with its terms.
| VIRTUS ETF TRUST II | ||
| On behalf of its Series identified on Schedule II to the Agreement | ||
| By: |  | |
| Name: | Xxxxxxx X. Xxxxxxx |
| Title: | President |
| THE BANK OF NEW YORK MELLON | ||
| By: |  | |
| Name: | Xxxxxx Xxxxxx |
| Title: | Vice President |
SCHEDULE II
SERIES
Virtus Newfleet Dynamic Credit ETF
Virtus Seix Senior Loan ETF
Xxxxxx Xxxxxxxxx U.S. Quality Momentum ETF
Virtus Newfleet ABS/MBS ETF
Xxxxxx Xxxx & Xxxxxx Clean Energy ETF
