AMENDMENT TO CUSTODY AGREEMENT
Exhibit (g)(2)
AMENDMENT
TO
This Amendment (“Amendment”) is made as of March 10, 2022 (the “Effective Date”), by and between each of Xxxxxxx Xxxxx Trust, Xxxxxxx Sachs Variable Insurance Trust, Xxxxxxx Xxxxx ETF Trust, Xxxxxxx Sachs Real Estate Diversified Income Fund, Cayman Commodity-MFS, LLC, and Xxxxxxx Xxxxx ETF Trust II, separately and not jointly (collectively, the “Funds”), and THE BANK OF NEW YORK MELLON (“BNY Mellon”).
BACKGROUND:
| A. | BNY Mellon and the Existing Funds 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 custody services to the Existing Funds and each Series or subsidiary of an Existing Fund, as applicable, listed on Schedule I to the Agreement, as such Schedule I may be amended from time to time. |
| B. | The parties desire to amend the Agreement as set forth herein. |
TERMS:
The parties hereby agree that:
| 1. | Amendment. Schedule I to the Agreement is hereby deleted in its entirety and replaced with Schedule I attached hereto. |
| 2. | Miscellaneous. |
| (a) | Capitalized terms used but not defined in this Amendment shall have the meaning given to such terms in the Agreement. In the event of a conflict between the terms hereof and the Agreement, 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) | The parties expressly agree that this Amendment may be executed in one or more counterparts and expressly agree that such execution may occur by manual signature on a physically delivered copy of this Amendment, by a manual signature on a copy of this Amendment transmitted by facsimile transmission, by a manual signature on a copy of this Amendment transmitted as an imaged document attached to an email, or by “Electronic Signature”, which is hereby defined to mean inserting an image, representation or symbol of a signature into an electronic copy of this |
| Amendment by electronic, digital or other technological methods. Each counterpart executed in accordance with the foregoing shall be deemed an original, with all such counterparts together constituting one and the same instrument. The exchange of executed counterparts of this Amendment or of executed signature pages to counterparts of this Amendment, in either case by facsimile transmission or as an imaged document attached to an email transmission, shall constitute effective execution and delivery of this Amendment and may be used for all purposes in lieu of a manually executed and physically delivered copy of this Amendment. |
| (e) | This Amendment shall be governed by the laws of the State of New York, without regard to its principles of conflicts of laws. |
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers and their seals to be hereunto affixed, all as of the Effective Date. An authorized representative, if executing this Amendment by Electronic Signature, affirms authorization to execute this Amendment by Electronic Signature and that the Electronic Signature represents an intent to enter into this Amendment and an agreement with its terms.
| CAYMAN COMMODITY-MFS, LLC | ||
| By: | Xxxxx Xxxxxxxx | |
| Name: | Xxxxx Xxxxxxxx | |
| Title: | Director | |
| XXXXXXX XXXXX TRUST | ||
| On behalf of each of its Series and their wholly owned subsidiaries identified on Schedule I attached hereto | ||
| By: | Xxxxx Xxxxxxxx | |
| Name: | Xxxxx Xxxxxxxx | |
| Title: | Director | |
| XXXXXXX SACHS ETF TRUST | ||
| On behalf of each of its Series identified on | ||
| Schedule I attached hereto | ||
| By: | Xxxxx Xxxxxxxx | |
| Name: | Xxxxx Xxxxxxxx | |
| Title: | Director | |
| XXXXXXX XXXXX CREDIT INCOME FUND | ||
| By: | Xxxxx Xxxxxxxx | |
| Name: | Xxxxx Xxxxxxxx | |
| Title: | Director | |
| XXXXXXX SACHS REAL ESTATE DIVERSIFIED INCOME FUND | ||
| On behalf of itself and each subsidiary identified on Schedule I | ||
| By: | Xxxxx Xxxxxxxx | |
| Name: | Xxxxx Xxxxxxxx | |
| Title: | Director | |
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| XXXXXXX XXXXX ETF TRUST II | ||
| On behalf of each of its Series identified on | ||
| Schedule I attached hereto | ||
| By: | Xxxxx Xxxxxxxx | |
| Name: | Xxxxx Xxxxxxxx | |
| Title: | Director | |
| THE BANK OF NEW YORK MELLON | ||
| By: | Xxxxx Xxxxxx | |
| Name: | Xxxxx Xxxxxx | |
| Title: | Relationship Manager | |
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SCHEDULE I
(Amended and Restated as of March 10, 2022)
CAYMAN COMMODITY-MFS, LLC2
XXXXXXX XXXXX TRUST
Xxxxxxx Sachs Capital Growth Fund
Xxxxxxx Xxxxx China Equity Fund3
Xxxxxxx Sachs Concentrated Growth Fund
Xxxxxxx Xxxxx Dynamic Municipal Income Fund2
Xxxxxxx Sachs Emerging Markets Equity Fund3
Xxxxxxx Xxxxx Emerging Markets Equity Insights Fund3
Xxxxxxx Sachs Enhanced Dividend Global Equity Portfolio1
Xxxxxxx Xxxxx Equity Income Fund
Xxxxxxx Sachs ESG Emerging Markets Equity Fund3
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 Treasury Instruments Fund
Xxxxxxx Sachs Financial Square Treasury Obligations Fund
Xxxxxxx Xxxxx Financial Square Treasury Solutions Fund
Xxxxxxx Sachs Flexible Cap Fund
Xxxxxxx Xxxxx Focused Value Fund
Xxxxxxx Sachs Global Infrastructure Fund
Xxxxxxx Xxxxx Global Real Estate Securities Fund2
Xxxxxxx Sachs Growth Opportunities Fund
Xxxxxxx Xxxxx High Yield Municipal Fund2
Xxxxxxx Sachs International Equity ESG Fund3
Xxxxxxx Xxxxx International Equity Income Fund3
Xxxxxxx Sachs International Equity Insights Fund3
Xxxxxxx Xxxxx International Real Estate Securities Fund2 4
Xxxxxxx Sachs International Small Cap Insights Fund3
Xxxxxxx Xxxxx International Tax-Managed Equity Fund3
Xxxxxxx Sachs Investor Money Market Fund
Xxxxxxx Xxxxx Investor Tax Exempt Money Market Fund
Xxxxxxx Sachs Large Cap Growth Insights Fund
Xxxxxxx Xxxxx Large Cap Value Fund
Xxxxxxx Sachs Large Cap Value Insights Fund
Xxxxxxx Xxxxx Managed Futures Strategy Fund2
Xxxxxxx Sachs Mid Cap Value Fund
Xxxxxxx Xxxxx Municipal Income Completion Fund2
Xxxxxxx Sachs Short Duration Tax-Free Fund2
Xxxxxxx Xxxxx Real Estate Securities Fund1
Xxxxxxx Sachs Small Cap Equity Insights Fund
Xxxxxxx Xxxxx Small Cap Growth Fund
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Xxxxxxx Sachs Small Cap Growth Insights Fund
Xxxxxxx Xxxxx Small Cap Value Fund
Xxxxxxx Sachs Small Cap Value Insights Fund
Xxxxxxx Xxxxx Small/Mid Cap Growth Fund
Xxxxxxx Sachs Small/Mid Cap Value Fund
Xxxxxxx Xxxxx Strategic Growth Fund
Xxxxxxx Sachs Tax-Advantaged Global Equity Portfolio1
Xxxxxxx Xxxxx Technology Opportunities Fund
Xxxxxxx Sachs U.S. Equity ESG Fund
Xxxxxxx Xxxxx U.S. Equity Insights Fund
Xxxxxxx Sachs U.S. Tax-Managed Equity Fund3
XXXXXXX XXXXX VARIABLE INSURANCE TRUST
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx Core Fixed Income Fund3
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx Equity Index Fund1
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx Global Trends Allocation Fund1
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx Government Money Market Fund
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx Growth Opportunities Fund1
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx High Quality Floating Rate Fund3
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx International Equity Insights Fund3
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx Large Cap Value Fund1
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx Mid Cap Value Fund1
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx Multi-Strategy Alternatives Portfolio1
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx Small Cap Equity Insights Fund1
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx Strategic Growth Fund1
Xxxxxxx Sachs Variable Insurance Trust—Xxxxxxx Xxxxx U.S. Equity Insights Fund1
XXXXXXX SACHS ETF TRUST
Xxxxxxx Xxxxx Access Emerging Markets Local Currency Bond ETF*
Xxxxxxx Sachs Access Emerging Markets USD Bond ETF
Xxxxxxx Xxxxx Access High Yield Corporate Bond ETF
Xxxxxxx Sachs Access Inflation Protected USD Bond ETF
Xxxxxxx Xxxxx Access Investment Grade Corporate Bond ETF
Xxxxxxx Sachs Access Treasury 0-1 Year ETF
Xxxxxxx Xxxxx Access China Bond ETF*
Xxxxxxx Sachs Access Investment Grade Corporate 1-5 Year Bond ETF
Xxxxxxx Xxxxx Access Investment Grade Corporate 10+ Year Bond ETF*
Xxxxxxx Sachs Access Total Bond Market ETF*
Xxxxxxx Xxxxx Access U.S. Aggregate Bond ETF
Xxxxxxx Sachs Access U.S. Treasury Bond ETF*
Xxxxxxx Xxxxx Access Ultra Short 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
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Xxxxxxx Sachs ActiveBeta® Paris-Aligned Climate U.S. Large Cap Equity ETF
Xxxxxxx Xxxxx ActiveBeta® U.S. Large Cap Equity ETF
Xxxxxxx Sachs ActiveBeta® U.S. Low Vol Plus Equity ETF*
Xxxxxxx Xxxxx ActiveBeta® U.S. Small Cap Equity ETF
Xxxxxxx Sachs Bloomberg Clean Energy Equity ETF
Xxxxxxx Xxxxx Equal Weight U.S. Large Cap Equity ETF
Xxxxxxx Sachs Future Consumer Equity ETF
Xxxxxxx Xxxxx Future Health Care Equity ETF
Xxxxxxx Sachs Future Planet Equity ETF
Xxxxxxx Xxxxx Future Real Estate and Infrastructure Equity ETF
Xxxxxxx Sachs Future Tech Leaders Equity ETF
Xxxxxxx Xxxxx Hedge Industry VIP ETF
Xxxxxxx Sachs Innovate Equity ETF
Xxxxxxx Xxxxx JUST U.S. Large Cap Equity ETF
Xxxxxxx Sachs MarketBeta Emerging Markets Equity ETF
Xxxxxxx Xxxxx MarketBeta International Equity ETF
Xxxxxxx Sachs MarketBeta International Small Cap Equity ETF*
Xxxxxxx Xxxxx MarketBeta U.S. Equity ETF
Xxxxxxx Sachs ActiveBeta World Low Vol Plus Equity ETF
XXXXXXX XXXXX ETF TRUST II
Xxxxxxx Sachs MarketBeta U.S. 1000 Equity ETF*
XXXXXXX XXXXX REAL ESTATE DIVERSIFIED INCOME FUND
DIF Investments LLC, a wholly-owned subsidiary
DIF Investments II LLC, a wholly-owned subsidiary
DIF Investments III LLC, a wholly-owned subsidiary
| * | The Fund has not yet commenced operations. Xxxxxxx Sachs Asset Management will provide notice to BNY Mellon to commence services upon the Fund’s launch. |
| 1 | As of conversion expected to occur October 4, 2021. |
| 2 | As of conversion expected to occur November 1, 2021. |
| 3 | As of conversion expected to occur December 6, 2021. |
| 4 | Fund to merge into Xxxxxxx Xxxxx Global Real Estate Securities Fund on or about April 15, 2022. |
| 5 | Fund has been renamed Xxxxxxx Sachs Variable Insurance Trust – Xxxxxxx Xxxxx Trend Driven Allocation Fund. |
| 6 | Fund to be liquidated on or about April 27, 2022. |
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