JOINDER AND AMENDMENT TO GLOBAL CUSTODY AGREEMENT
EX-99.g.2
JOINDER AND AMENDMENT TO GLOBAL CUSTODY AGREEMENT
This Joinder and Amendment (“Joinder”) to the GLOBAL CUSTODY AGREEMENT, dated August 23, 2023
among Macquarie ETF Trust for and on behalf of each of the Customers listed in Schedule 1 thereto and
JPMORGAN CHASE BANK, N.A. (“X.X. Xxxxxx”), as amended as of the date hereof (the “Agreement”), is
made and entered into as of , 2023 between DELAWARE MANAGEMENT COMPANY (“New Customer”) and the parties to the Agreement.
W I T N E S S E T H:
WHEREAS, the Customer and X.X. Xxxxxx
entered into the Agreement;
WHEREAS, New
Customer requests that X.X. Xxxxxx provide custodial, settlement, asset servicing and other associated services to New Customer under the terms and conditions set forth in the Agreement; and
WHEREAS, X.X. Xxxxxx agrees to provide
custodial, settlement, asset servicing and other associated services pursuant to the terms and conditions set forth in the Agreement in respect of the New Customer.
NOW, THEREFORE,
in consideration of the mutual agreements herein contained, the parties hereby agree as follows:
1.
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Definitions. Unless
otherwise defined herein, defined terms used in this Joinder shall have the meaning ascribed to such terms in the Agreement.
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2.
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Joinder. New Customer hereby agrees to
be subject to and bound by the terms and conditions of the Agreement.
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3.
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Amendments. The Agreement shall be
amended as follows:
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(A)
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The opening paragraph of the Agreement is deleted in its entirety and replaced with the following:
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“This agreement, dated August 23, 2023, as amended or supplemented from time to time (the “Agreement”), is between
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“X.X.
Xxxxxx”), with a place of business at 000 Xxxxxxx Xxxxxx, Xxxxx 00, Xxx Xxxx, XX 00000; and the parties listed in
Schedule 1 hereto (each individually, the “Customer”).
(B)
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Schedule 1 of the Agreement is hereby amended and restated in its entirety by Schedule 1 hereto.
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(C)
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Save as amended by this Joinder, the Agreement shall remain in full force and effect.
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4.
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Representations. Each party
represents to the other parties that all representations contained in the Agreement are true and accurate as of the date of this Joinder, and that such representations are deemed to be given or repeated by each party, as the case may be, on
the date of this Joinder.
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5.
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Entire Agreement. This Joinder and
the Agreement and any documents referred to in each of them, constitutes the whole agreement between the parties relating to their subject matter and supersedes and extinguishes any other drafts, agreements, undertakings, representations,
warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter. If any of the provisions of this Joinder are inconsistent with or in conflict with any of the provisions of the Agreement then, to the
extent of any such inconsistency or conflict, the provisions of this Joinder shall prevail as between the parties.
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6.
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Counterparts.
This Joinder may be executed in any number of counterparts which together shall constitute one agreement. Each party hereto may enter into this Joinder by executing a counterpart and this Joinder shall not take effect until it has been
executed by all parties.
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7.
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Law and Jurisdiction.
This Joinder shall be governed by, and construed in accordance with, the laws of the State of New York.
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IN WITNESS WHEREOF, the parties have executed this Xxxxxxx as of the date first above written.
JPMORGAN CHASE BANK, N.A.
By: Name:
Title:
DELAWARE MANAGEMENT COMPANY on behalf of
MACQUARIE ETF TRUST for and on behalf of each CUSTOMER listed in SCHEDULE 1
By: Name:
Title:
DELAWARE MANAGEMENT COMPANY
By: Name:
Title:
SCHEDULE 1
Customers
1.
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Macquarie ETF Trust for and on behalf of the following entities:
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LEGAL ENTITY NAME
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ADDRESS
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RESIDENCY
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Macquarie Global Listed Infrastructure ETF
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000 Xxxxxxxxxxxx
000 Xxxxxx Xxxxxx
Xxxxxxxxxxxx, XX 00000
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Xxxxxxxx
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Macquarie Tax-Free USA Short Term ETF
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000 Xxxxxxxxxxxx
000 Xxxxxx Xxxxxx
Xxxxxxxxxxxx, XX 00000
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Xxxxxxxx
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Macquarie Energy Transition ETF
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000 Xxxxxxxxxxxx
000 Xxxxxx Xxxxxx
Xxxxxxxxxxxx, XX 00000
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Xxxxxxxx
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2.
LEGAL ENTITY NAME
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ADDRESS
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RESIDENCY
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Delaware Management Company
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000 Xxxxxxxxxxxx
000 Xxxxxx Xxxxxx
Xxxxxxxxxxxx, XX 00000
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Xxxxxxxx
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