AMENDMENT TO CUSTODY AGREEMENT
Exhibit 28(g)(2)
EXECUTION
AMENDMENT
TO
CUSTODY AGREEMENT
This Amendment is made and entered into as of the February 18, 2021 (the “Effective Date”) by and between THE BANK OF NEW YORK MELLON, a New York state chartered bank (“BNY Mellon”), and USCF ETF Trust, a Delaware statutory trust, on behalf of itself, its Series and any Subsidiary, as defined below, (“Customer”). BNY Mellon and Customer are collectively referred to as the “Parties” and individually as a “Party”.
RECITALS
WHEREAS, Customer and BNY Mellon are parties to that certain Custody Agreement dated as of March 26, 2020 (the “Agreement”), pursuant to which Customer has appointed BNY Mellon as the custodian of certain of its assets and BNYM Mellon provides for the portfolios identified on Appendix I thereto (each, a “Series”) and the Cayman Islands exempt company wholly-owned subsidiary of any such Series (each, a “Subsidiary”) the services described therein; and
WHEREAS, Customer wishes to appoint BNY Mellon as the custodian of certain of its assets with respect to certain additional Series and each Subsidiaries hereafter identified to BNY Mellon on Appendix I, and BNY Mellon is willing to provide such services on the terms and conditions set forth therein;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and intending to be legally bound, the Parties agree as follows.
1. The Agreement is hereby amended as of the Effective Date by adding the following Series and Subsidiary, each as a party to the Agreement:
Series
USCF Midstream Energy Income Fund
USCF Energy Commodity Strategy Absolute Return Fund
Subsidiary
USCF Cayman Commodity 3
2. The Agreement is hereby amended as of the Effective Date by deleting Appendix I of the Agreement in its entirety and replacing it with Appendix I as attached hereto.
3. Customer and BNY Mellon hereby agree to be bound by all of the terms, provisions, covenants, and obligations set forth in the Agreement.
4. Except as specifically amended hereby, all other terms and conditions of the Agreement shall remain in full force and effect.
5. Any capitalized terms not defined herein shall have their respective meanings as assigned in the Agreement.
[Signature page follows.]
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the Effective Date.
| THE BANK OF NEW YORK MELLON | USCF ETF TRUST, on behalf of itself and each Series | |||
| By: | /s/ Xxxxxxx X XxXxxxxx | By: | /s/ Xxxx X. Love | |
| Name: | Xxxxxxx X XxXxxxxx | Name: | Xxxx X. Love | |
| Title: | Managing Director, Exchange-Traded Funds | Title: | President | |
| Date: | 2-24-2021 | Date: | February 18, 2021 | |
| Address for Notice: | Address for Notice: | ||
| THE BANK OF NEW YORK MELLON | USCF ETF TRUST | ||
| 000 Xxxxxxxxx Xxxxxx | 0000 Xx. Xxxxxx Xxxxxxxxx, Xxxxx 000 | ||
| Xxx Xxxx, XX 00000 | Xxxxxx Xxxxx, XX 00000 | ||
| Attention: | Xxxxxx Xxxxxx | Attention: Xxxx X. Love, President | |
| With a copy to: Xxxxxx X. Xxxxxxx, Chief Legal Officer | |||
| USCF CAYMAN COMMODITY 3 | ||
| By: | /s/ Xxxxxx X. Xxxxxxxxx | |
| Name: | Xxxxxx X. Xxxxxxxxx | |
| Title: | Director | |
| Date: | February 18, 2021 | |
| Address for Notice: | |
| USCF CAYMAN COMMODITY 3 | |
| c/o USCF ETF TRUST | |
| 0000 Xx. Xxxxxx Xxxxxxxxx, Xxxxx 000 | |
| Xxxxxx Xxxxx, XX 00000 | |
| Attention: Xxxxxx X. Xxxxxxxxx, Director |
Pursuant to Section 10.1(a):
o as beneficial owner, Customer OBJECTS to disclosure
o as beneficial owner, Customer DOES NOT OBJECT to disclosure
o Custodian will CONTACT THE RELEVANT INVESTMENT MANAGER with respect to relevant Securities to make the decision whether it objects to disclosure
IF NO BOX IS CHECKED, BNY MELLON WILL RELEASE SUCH INFORMATION UNTIL IT RECEIVES A CONTRARY INSTRUCTION FROM CUSTOMER. |
| 2 |
APPENDIX I
Series
USCF Midstream Energy Income Fund
USCF Energy Commodity Strategy Absolute Return Fund
USCF SummerHaven Dynamic Commodity Strategy No K-1 Fund
Subsidiary
USCF Cayman Commodity 2
USCF Cayman Commodity 3
