EXHIBIT NO. 99(j)(4)
AMENDMENT TO CUSTODIAN CONTRACT
Agreement made by and between STATE STREET BANK AND TRUST COMPANY (the
"Custodian") and MFS MULTIMARKET INCOME TRUST (the "Fund").
WHEREAS, the Custodian and the Fund are parties to a custodian contract
dated February 25, 1987 (the "Custodian Contract") governing the terms and
conditions under which the Custodian maintains custody of the securities and
other assets of the Fund; and
WHEREAS, the Fund desires to amend the Custodian Contract to provide
for the maintenance of its foreign securities, and cash incidental to
transactions in such securities, in the custody of The Chase Manhattan Bank N.A.
("Chase") and the banking institutions and foreign securities depositories it
employs for such purposes;
NOW, THEREFORE, in consideration of the mutual agreements contained in
the Custodian Contract and herein, the Custodian and the Fund hereby amend the
Custodian Contract and agree to the following terms and conditions and to amend
the Custodian Contract as follows:
1.The Fund hereby authorizes and instructs the Custodian to
employ Chase as sub-custodian for the Fund's foreign securities,
and cash incidental to transactions in such securities, on the
terms and conditions set forth in the Sub-Custody Contract
between the Custodian and Chase which is attached hereto as
Exhibit "A" (the "Sub-Custody Contract").
2.The Custodian hereby agrees to enter into the Sub-Custody
Contract and to provide such services to the Fund and in
accordance with such contract as necessary for foreign custody
services to be provided pursuant thereto.
3.The Custodian agrees that for any contract that it enters into
with a Subcustodian, such contract shall contain a Standard
of Care no less than that which is contained in the
Custodian Agreement. At the election of the Fund, the Fund
shall be entitled to be subrogated to the rights of the
Custodian under the Sub-Custody Contract with respect to any
claims arising thereunder against Chase or any other banking
institution or securities depository employed by Chase if
and to the extent that the Fund has not been made whole
therefor.
0.Xx between the custodian and the Fund, the Fund shall be
solely responsible to assure that the maintenance of foreign
securities and cash pursuant to the terms of the Sub-Custody
Contract complies with all applicable rules, regulations,
interpretations and orders of the Securities and Exchange
Commission, and the Custodian assumes no responsibility and
makes no representations as to such compliance.
IN WITNESS WHEREOF, each of the parties has caused this instrument
to be executed in its name and behalf by its duly authorized representative
as of the 28th day of December, 1990.
ATTEST: MFS MULTIMARKET INCOME TRUST
XXXXX X. XXXXX By: A. XXXXX XXXXXXX
Xxxxx X. Xxxxx A. Xxxxx Xxxxxxx
Assistant Secretary President
ATTEST STATE STREET BANK AND TRUST COMPANY
XXX XXXXXXXX By: XXXXXXX XXXXXX
Xxx Xxxxxxxx Xxxxxxx Xxxxxx
Assistant Secretary Vice President
