AMENDMENT TO CUSTODIAN AGREEMENT
Exhibit (g)(3)
EXECUTION VERSION
AMENDMENT TO CUSTODIAN AGREEMENT
THIS AMENDMENT TO CUSTODIAN AGREEMENT (this “Amendment”) is made as of September [ ], 2022 by and between BROWN BROTHERS XXXXXXXX & CO., a New York limited partnership (“BBH&Co.”) and BONDBLOXX ETF trust, a Delaware statutory trust (the “Fund”) on behalf of each series, separately and not jointly, listed on Annex A to the Agreement as may be amended from time to time. All capitalized terms used but not defined herein shall have the meanings set forth in the Agreement.
WHEREAS, BBH&Co. and the Fund are Parties to a Custodian Agreement dated as of November 29, 2021, as amended (the “Agreement”); and
WHEREAS, in accordance with Section 12 of the Agreement, the Parties desire to amend the Agreement.
NOW, THEREFORE, in consideration of the mutual agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, each of the parties hereto hereby agree as follows:
1. Annex A to the Agreement is hereby deleted in its entirety and replaced with the attached Annex A. The Parties agree, ratify and affirm that the Funds listed on Annex A attached hereto are and have been added to the Agreement on and as of the respective date indicated.
2. As amended hereby, all terms and provisions of the Agreement are hereby ratified and affirmed as of the date hereof and are hereby extended to give effect to the terms hereof.
3. This Amendment, together with the Agreement, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all oral communications and prior writings with respect hereto. Except as expressly modified hereby, the Agreement shall continue in full force and effect in accordance with its terms and conditions.
4. This Amendment may be executed in any number of counterparts each of which shall be deemed to be an original, but all of which together shall constitute one and the same Amendment.
5. This Amendment shall be construed in accordance the governing law and exclusive jurisdiction provisions of the Agreement.
[Signature Page Follows]
IN WITNESS WHEREOF, each of the undersigned parties has executed this Amendment to the Agreement effective as of the date first above written.
| BROWN BROTHERS XXXXXXXX & CO. | ||
| By: | ||
| Name: | ||
| Title: | ||
| Date: | ||
| BONDBLOXX ETF trust | ||
| By: | ||
| Name: | Xxxxxx Xxxxxxxx | |
| Title: | President, BondBloxx ETF Trust | |
| Date: | September [ ], 2022 | |
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ANNEX A
to
LIST OF FUNDS
Dated as of September __, 2022
The following is a list of Funds for which BBH shall serve under the Custodian Agreement:
| Name of Fund | Date Added to the Agreement | |
| BondBloxx USD High Yield Bond Consumer Cyclicals Sector Fund | November 29, 2021 | |
| BondBloxx USD High Yield Bond Consumer Non-Cyclicals Sector Fund | November 29, 2021 | |
| BondBloxx USD High Yield Bond Energy Sector Fund | November 29, 2021 | |
| BondBloxx USD High Yield Bond Financial Sector Fund | November 29, 2021 | |
| BondBloxx USD High Yield Bond Healthcare Sector Fund | November 29, 2021 | |
| BondBloxx USD High Yield Bond Industrials Sector Fund | November 29, 2021 | |
| BondBloxx USD High Yield Bond Telecom Media & Technology Sector Fund | November 29, 2021 | |
| BondBloxx BB Rated USD High Yield Corporate Bond ETF | May 24, 2022 | |
| BondBloxx B Rated USD High Yield Corporate Bond ETF | May 24, 2022 | |
| BondBloxx CCC Rated USD High Yield Corporate Bond ETF | May 24, 2022 | |
| BondBloxx XX Xxxxxx USD Emerging Markets 1-10 Year Bond ETF | May 24, 2022 | |
| BondBloxx Bloomberg Six Month Target Duration US Treasury ETF | September __, 2022 | |
| BondBloxx Bloomberg One Year Target Duration US Treasury ETF | September __, 2022 | |
| BondBloxx Bloomberg Two Year Target Duration US Treasury ETF | September __, 2022 | |
| BondBloxx Bloomberg Three Year Target Duration US Treasury ETF | September __, 2022 | |
| BondBloxx Bloomberg Five Year Target Duration US Treasury ETF | September __, 2022 | |
| BondBloxx Bloomberg Seven Year Target Duration US Treasury ETF | September __, 2022 | |
| BondBloxx Bloomberg Ten Year Target Duration US Treasury ETF | September __, 2022 | |
| BondBloxx Bloomberg Twenty Year Target Duration US Treasury ETF | September __, 2022 |
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