AMENDMENT TO CUSTODY AGREEMENT
Exhibit (g)(3)
Execution
AMENDMENT
TO
This Amendment (the “Amendment”) is made as of January 14, 2022 by and between AdvisorShares Trust (the “Trust”) and The Bank of New York Mellon (“Custodian”).
BACKGROUND:
| A. | WHEREAS, the Trust and Custodian are parties to a Custody 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 II 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 Custodian 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 II shall be deleted in its entirety and replaced with amended Schedule II attached hereto. Schedule II is updated to reflect the addition of the AdvisorShares Let Xxx AI Powered Momentum ETF. |
| 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 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. |
| (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. |
[Signature page follows.]
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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 XxXxxxxx | |
| Name: | Xxxxxxx XxXxxxxx | |
| Title: | Managing Director | |
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SCHEDULE II
to
Dated July 16, 2009 between
and
THE BANK OF NEW YORK MELLON
(as of January 14, 2022)
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 North Square XxXxx ESG Core Bond ETF | |
| AdvisorShares Newfleet Multi-Sector Income ETF | |
| AdvisorShares Pure Cannabis ETF | |
| AdvisorShares Pure US Cannabis ETF | |
| AdvisorShares Ranger Equity Bear ETF | |
| AdvisorShares North Square XxXxx 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 | |
| AdvisorShares Poseidon Dynamic Cannabis ETF | |
| AdvisorShares Let Xxx AI Powered Momentum ETF |
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