AMENDMENT TO CUSTODY AGREEMENT
EX-99.(g)(9)
EXECUTION
AMENDMENT
TO
This Amendment (“Amendment”) is made as of the 10th day of May, 2017, by and between each of Xxxxxxx Xxxxx Trust, Xxxxxxx Sachs Variable Insurance Trust (each, the “Trust”), Xxxxxxx Xxxxx ETF Trust (“GSETF”), separately and not jointly, and THE BANK OF NEW YORK MELLON (“BNY Mellon”). GSETF and each Trust are referred to collectively herein as the “Trusts”.
BACKGROUND:
| A. | BNY Mellon and the Trusts are parties to a Custody Agreement dated as of April 5, 2011, as amended to date (the “Agreement”), relating to BNY Mellon’s provision of services to the Trusts and each series listed on Schedule I to the Agreement, as such Schedule I may be amended from time to time (each a “Fund”). |
| B. | The parties desire to amend the Agreement as set forth herein. |
TERMS:
The parties hereby agree that:
| 1. | Schedule I to the Agreement is hereby deleted in its entirety and replaced with Schedule I attached hereto. |
| 2. | Miscellaneous. |
| (a) | Capitalized terms not defined in this Amendment shall remain in full force and effect. In the event of a conflict between the terms hereof and the Agreement, as to services described in this Amendment, this Amendment shall control. |
| (b) | As hereby amended and supplemented, the Agreement shall remain in full force and effect. |
| (c) | The Agreement, as amended hereby, constitutes the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior communications with respect thereto. |
| (d) | This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The facsimile signature of any party to this Amendment shall constitute the valid and binding execution hereof by such party. |
EXECUTION
| (e) | 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, 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.
| XXXXXXX XXXXX TRUST
On behalf of each of its Funds identified on Exhibit A attached hereto
| ||
| By: | /s/ Xxxxx XxXxxx | |
| Name: | Xxxxx XxXxxx | |
| Title: | Treasurer, PFO | |
| XXXXXXX SACHS VARIABLE INSURANCE TRUST
On behalf of each of its Funds identified on Exhibit A attached hereto
| ||
| By: | /s/ Xxxxx XxXxxx | |
| Name: | Xxxxx XxXxxx | |
| Title: | Treasurer, PFO | |
| XXXXXXX XXXXX ETF TRUST
On behalf of each of its Funds identified on Exhibit A attached hereto
| ||
| By: | /s/ Xxxxx XxXxxx | |
| Name: | Xxxxx XxXxxx | |
| Title: | Treasurer, PFO | |
| THE BANK OF NEW YORK MELLON
| ||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |
| Name: | Xxxxxxx X. Xxxxxxx | |
| Title: | Managing Director | |
EXECUTION
SCHEDULE I
(Amended and Restated as of May 10, 2017)
Xxxxxxx Xxxxx Access Emerging Markets Local Currency Bond ETF***
Xxxxxxx Sachs Access High Yield Corporate Bond ETF**
Xxxxxxx Xxxxx Access investment Grade Corporate Bond ETF*
Xxxxxxx Sachs ActiveBeta® Emerging Markets Equity ETF
Xxxxxxx Xxxxx ActiveBeta® Europe Equity ETF
Xxxxxxx Sachs ActiveBeta® International Equity ETF
Xxxxxxx Xxxxx ActiveBeta® Japan Equity ETF
Xxxxxxx Sachs ActiveBeta® U.S. Large Cap Equity ETF
Xxxxxxx Xxxxx ActiveBeta® U.S. Small Cap Equity ETF
Xxxxxxx Sachs Equal Weight U.S. Large Cap Equity ETF*
Xxxxxxx Xxxxx Equity Long Short Hedge Tracker ETF
Xxxxxxx Sachs Event Driven Hedge Tracker ETF
Xxxxxxx Xxxxx Financial Square Federal Instruments Fund
Xxxxxxx Sachs Financial Square Government Fund
Xxxxxxx Xxxxx Financial Square Money Market Fund
Xxxxxxx Sachs Financial Square Prime Obligations Fund
Xxxxxxx Xxxxx Financial Square Tax-Exempt Money Market Fund
Xxxxxxx Sachs Financial Square Treasury Instruments Fund
Xxxxxxx Xxxxx Financial Square Treasury Obligations Fund
Xxxxxxx Sachs Financial Square Treasury Solutions Fund
Xxxxxxx Xxxxx Hedge Industry VIP ETF
Xxxxxxx Sachs Investor Money Market Fund
Xxxxxxx Xxxxx Investor Tax-Exempt Money Market Fund
Xxxxxxx Sachs Macro Hedge Tracker ETF
Xxxxxxx Xxxxx Multi-Strategy Hedge Tracker ETF
Xxxxxxx Sachs Relative Value Hedge Tracker ETF
Xxxxxxx Xxxxx S&P 500® Environmental & Socially Responsible ETF
Xxxxxxx Sachs TreasuryAccess 0-1 Year ETF
Xxxxxxx Xxxxx Variable Insurance Trust—Xxxxxxx Sachs Government Money Market Fund
| * | Effective on or around May 31, 2017 |
| ** | Effective on or around September 2017 |
| *** | Effective on or around December 2017 |
