AMENDMENT TO THE ADVISORS SERIES TRUST CUSTODY AGREEMENT
AMENDMENT
TO THE
THIS
AMENDMENT dated
as of the 12th
day of December, 2007, to the Custody Agreement, dated as of June 6, 2006,
as
amended (the “Custody Agreement”), is entered by and between Advisors
Series Trust, a Delaware statutory trust (the “Trust”) on behalf of its
separate series, TheAmerican Trust Allegiance Fund,
and U.S. Bank National Association,
a national banking
association (the “Custodian”).
RECITALS
WHEREAS,
the parties
have entered into a Custody Agreement; and
WHEREAS,
the parties desire to amend the series of the Trust to add a fund and amend
the
fees; and
WHEREAS,
Article XV, Section 15.2 of the Custody Agreement allows for its amendment
by a
written instrument executed by both parties.
NOW,
THEREFORE, the parties agree to amend the following:
Exhibit
C
is hereby superseded and replaced with Exhibit C attached hereto.
Except
to
the extent amended hereby, the Custody Agreement shall remain in full force
and
effect.
IN
WITNESS WHEREOF,
the parties hereto have caused this Amendment to be executed by a duly
authorized officer on one or more counterparts as of the date and year first
written above.
U.S.
BANCORP FUND SERVICES, LLC
|
|
By:
/s/ Xxxxxxx X. Xxxx
|
By:
/s/ Xxxxxxx X. XxXxx
|
Name:
Xxxxxxx X. Xxxx
|
Name:
Xxxxxxx X. XxXxx
|
Title: President
|
Title: Executive
Vice President
|
1
Exhibit
C to the AST Custody Agreement
Name
of Series
|
Date
Added
|
The
American Trust Allegiance Fund
|
11/18/2002
|
The
American Trust Energy Alternatives Fund
|
on
or after 12/12/2007
|
For
the
services rendered by US Bank under this Agreement, the Fund(s) listed herein
shall pay US Bank compensation as set forth in the Fee Schedule
below:
CUSTODY
SERVICES
FEE
SCHEDULE at December, 2007
|
Portfolio
Transaction fees:
a.
For each repurchase agreement
transaction $[___]
b.
For each portfolio transaction processed
through
DTC or Federal
Reserve $[___]
(effective 2/1/04)
c.
For each portfolio transaction processed
through
Our New York
Custodian $[___]
d.
For each GNMA / Amortized Security
Purchase $[___]
e.
For each GNMA Print/Int Paydown, GNMA
Sales
$[___]
f.
For each option/future contract written,
exercised
or
expired
$[___]
g.
For each Cederl/Euro clear
transaction
$[___]
h.
For each Disbursement (Fund expense
only) $[___]
A
transaction is a purchase / sale of a security, free receipt / free
delivery (excluded initial conversion), maturity, tender or
exchange.
Market
Value Fee: (aggregate for all funds in the series trust
except Xxxxxx & Company Mutual Fund)
Based
upon an annual rate
of: Million
[___]
([___] basis points) on
First $20
[___]
([___] basis points) on
Next $20
[___]
([___] basis points)
on Balance
Out-of-Pocket
Expenses
The
only out-of-pocket expenses charged to your account will be shipping
fees
or transfer fees.
XXX
Documents
Per
Shareholder/year to hold each XXX Document
Earnings
Credit
On
a monthly basis, any earnings credits generated from uninvested cutody
balances will be applied against any cash management service fees
generated. Earnings credits are based on the average yield on the
91 day
U.S. Treasury Xxxx for the preceding thirteen weeks less the 10%
reserve.
|
2
Exhibit
C (continued) to the AST Custody Agreement
GLOBAL
SUB-CUSTODIAL SERVICES
ANNUAL
FEE SCHEDULE at December, 2007 – American
Trust
|
||||||||
Country
|
Instrument
|
Safekeeping
(BPS)
|
Transaction
Fee
|
Country
|
Instrument
|
Safekeeping
(BPS)
|
Transaction
Fee
|
|
Argentina
|
All
|
[____]
|
$[____]
|
Lithuania
|
All
|
[____]
|
$[____]
|
|
Australia
|
All
|
[____]
|
$[____]
|
Luxembourg
|
All
|
[____]
|
$[____]
|
|
Austria
|
All
|
[____]
|
$[____]
|
Malaysia
|
All
|
[____]
|
$[____]
|
|
Bahrain
|
All
|
[____]
|
$[____]
|
Mali
|
All
|
[____]
|
$[____]
|
|
Bangladesh
|
All
|
[____]
|
$[____]
|
Malta
|
All
|
[____]
|
$[____]
|
|
Belgium
|
All
|
[____]
|
$[____]
|
Mauritius
|
All
|
[____]
|
$[____]
|
|
Benin
|
All
|
[____]
|
$[____]
|
Mexico
|
All
|
[____]
|
$[____]
|
|
Bermuda
|
All
|
[____]
|
$[____]
|
Morocco
|
All
|
[____]
|
$[____]
|
|
Botswana
|
All
|
[____]
|
$[____]
|
Namibia
|
All
|
[____]
|
$[____]
|
|
Brazil
|
All
|
[____]
|
$[____]
|
Netherlands
|
All
|
[____]
|
$[____]
|
|
Bulgaria
|
All
|
[____]
|
$[____]
|
New
Zealand
|
All
|
[____]
|
$[____]
|
|
Burkina
Faso
|
All
|
[____]
|
$[____]
|
Niger
|
All
|
[____]
|
$[____]
|
|
Canada
|
All
|
[____]
|
$[____]
|
Nigeria
|
All
|
[____]
|
$[____]
|
|
Cayman
Islands
|
All
|
[____]
|
$[____]
|
Norway
|
All
|
[____]
|
$[____]
|
|
Channel
Islands
|
All
|
[____]
|
$[____]
|
Oman
|
All
|
[____]
|
$[____]
|
|
Chile
|
All
|
[____]
|
$[____]
|
Pakistan
|
All
|
[____]
|
$[____]
|
|
China“A”
Shares
|
All
|
[____]
|
$[____]
|
Palestinian
|
All
|
[____]
|
$[____]
|
|
China“B”
Shares
|
All
|
[____]
|
$[____]
|
Peru
|
All
|
[____]
|
$[____]
|
|
Columbia
|
All
|
[____]
|
$[____]
|
Philippines
|
All
|
[____]
|
$[____]
|
|
Costa
Rica
|
All
|
[____]
|
$[____]
|
Poland
|
All
|
[____]
|
$[____]
|
|
Croatia
|
All
|
[____]
|
$[____]
|
Portugal
|
All
|
[____]
|
$[____]
|
|
Cyprus
|
All
|
[____]
|
$[____]
|
Qatar
|
All
|
[____]
|
$[____]
|
|
Czech Republic
|
All
|
[____]
|
$[____]
|
Romania
|
All
|
[____]
|
$[____]
|
|
Denmark
|
All
|
[____]
|
$[____]
|
Russia
|
Equities/Bonds
|
[____]
|
$[____]
|
|
Ecuador
|
All
|
[____]
|
$[____]
|
Russia
|
MINFIN
|
[____]
|
$[____]
|
|
Egypt
|
All
|
[____]
|
$[____]
|
Senegal
|
All
|
[____]
|
$[____]
|
|
Estonia
|
All
|
[____]
|
$[____]
|
Serbia
|
All
|
[____]
|
$[____]
|
|
Euromarkets(3)
|
All
|
[____]
|
$[____]
|
Singapore
|
All
|
[____]
|
$[____]
|
|
Finland
|
All
|
[____]
|
$[____]
|
Slovak Republic
|
All
|
[____]
|
$[____]
|
|
France
|
All
|
[____]
|
$[____]
|
Slovenia
|
All
|
[____]
|
$[____]
|
|
Germany
|
All
|
[____]
|
$[____]
|
South
Africa
|
All
|
[____]
|
$[____]
|
|
Ghana
|
All
|
[____]
|
$[____]
|
South
Korea
|
All
|
[____]
|
$[____]
|
|
Greece
|
All
|
[____]
|
$[____]
|
Spain
|
All
|
[____]
|
$[____]
|
|
Guinea Bissau
|
All
|
[____]
|
$[____]
|
Sri
Lanka
|
All
|
[____]
|
$[____]
|
|
Hong
Kong
|
All
|
[____]
|
$[____]
|
Swaziland
|
All
|
[____]
|
$[____]
|
|
Hungary
|
All
|
[____]
|
$[____]
|
Sweden
|
All
|
[____]
|
$[____]
|
|
Iceland
|
All
|
[____]
|
$[____]
|
Switzerland
|
All
|
[____]
|
$[____]
|
|
India
|
All
|
[____]
|
$[____]
|
Taiwan
|
All
|
[____]
|
$[____]
|
|
Indonesia
|
All
|
[____]
|
$[____]
|
Thailand
|
All
|
[____]
|
$[____]
|
|
Ireland
|
Equities
|
[____]
|
$[____]
|
Togo
|
All
|
[____]
|
$[____]
|
|
Ireland
|
Gov’t
Bonds
|
[____]
|
$[____]
|
Trinidad
& Tobago
|
All
|
[____]
|
$[____]
|
|
Israel
|
All
|
[____]
|
$[____]
|
Tunisia
|
All
|
[____]
|
$[____]
|
|
Italy
|
All
|
[____]
|
$[____]
|
Turkey
|
All
|
[____]
|
$[____]
|
|
Ivory
Coast
|
All
|
[____]
|
$[____]
|
UAE
|
All
|
[____]
|
$[____]
|
|
Jamaica
|
All
|
[____]
|
$[____]
|
United
Kingdom
|
All
|
[____]
|
$[____]
|
|
Japan
|
All
|
[____]
|
$[____]
|
Ukraine
|
All
|
[____]
|
$[____]
|
|
Jordan
|
All
|
[____]
|
$[____]
|
Uruguay
|
All
|
[____]
|
$[____]
|
|
Kazakhstan
|
All
|
[____]
|
$[____]
|
Venezuela
|
All
|
[____]
|
$[____]
|
|
Kenya
|
All
|
[____]
|
$[____]
|
Vietnam
|
All
|
[____]
|
$[____]
|
|
Latvia
|
Equities
|
[____]
|
$[____]
|
Zambia
|
All
|
[____]
|
$[____]
|
|
Latvia
|
Bonds
|
[____]
|
$[____]
|
Zimbabwe
|
All
|
[____]
|
$[____]
|
|
Lebanon
|
All
|
[____]
|
$[____]
|
Base
Fee - A monthly base charge of $[___]
per account (fund) will apply.
Notes:
(1)
|
Fee
is expressed in basis points per annum where one basis point equals
one
hundredth of one percent (.01%) and is calculated based upon month-end
market value, unless stated
otherwise.
|
(2)
|
A
transaction is defined as a receipt or delivery versus payment, a
free
receive or deliver, maturities, or security transaction related to
corporate events.
|
(3)
|
Euroclear
– Eurobonds only. Eurobonds are held in Euroclear at a standard
rate, but other types of securities (including but not limited to
equities, domestic market debt and mutual funds) will be subject
to a
surcharge. In addition, certain transactions that are delivered
within Euroclear or from a Euroclear account to a third party depository
or settlement system, will be subject to a surcharge (surcharge schedule
available upon request)
|
§
|
Note,
for all other markets specified above, surcharges may apply if a
security
is held outside of the local
market.
|
3
Exhibit
C (continued) to the AST Custody Agreement – American
Trust
Straight
Through Processing – fees waived
For
non-US resident clients investing in the U.S. market:
Fees
for
US custody are provided on the basis that if assets are held in an omnibus
account for multiple underlying clients, the Client will take the necessary
action to attain Qualified Intermediary (QI) status for US IRS withholding
tax
purposes. Should the Client fail to take the necessary action, the
fee quoted would be subject to review, and all costs incurred by The Bank of
New
York in fulfilling its obligations under the US regulations would be passed
to
the Client. Please refer to the separate Non-Resident Alien (NRA) fee
schedule.
Note:
for the clients who are the sole beneficial owner of the assets held in their
account with The Bank of New York and the client has provided a “W8Ben” form per
account stating their ownership of the assets, the above will not
apply.
Cash
Transactions
■
|
Currency Trade - $[___] per transaction |
■
|
3rd Party Foreign Exchange – a Foreign Exchange transaction undertaken through a third party will be charged $[___]. |
Standard
Non-U.S. Proxy Services Fees
■
|
Notification | $[___] |
■
|
Vote | $[___] |
■
|
Relationship Set Up Fee | $[___] |
Tax Reclamation Services – may be subject to additional charges depending upon the service level agreed. Tax reclaims that have been outstanding for more than 6 (six) months with the client will be charged $[___] per claim.
Communication
Fees
■
|
INFORM – Access to The Bank of New York proprietary application, INFORM, for standard custody instructions and reporting will be provided at a cost of USD [___] per month including installation and training. | |
■
|
SWIFT Reporting and Message Fees – the following fees will apply in respect of client requested SWIFT reports and messages: |
■
|
Cash Reporting – |
●
|
MT900 – Cash Debit Advice | $[___] each | |
●
|
MT910 – Cash Credit Advice | $[___] each | |
●
|
MT940 – Detail Cash Statement | $[___] per message | |
●
|
MT950 – Cash Statement | $[___] per message |
■
|
Securities Position Reporting |
●
|
MT535 – Statement of Holdings | $[___] per message | |
One
MT535 will be issued per account per month free of charge.
|
|||
●
|
MT536– Statement of Transactions | $[___] per message | |
●
|
MT537 – Statement of Pendings | $[___] per message |
■
|
Confirmations
|
●
|
MT544 – Receive Free Confirm | $[___] per message | |
●
|
MT545– Receive Against Payment Confirm | $[___] per message | |
●
|
MT546 – Deliver Free Confirm | $[___] per message | |
●
|
MT547– Deliver Against Payment Confirm | $[___] per message |
■
|
Facsimile
Reporting Fees
|
●
|
Corporate Actions Notifications | $[___] per notification | |
●
|
Cash and Securities Reports | $[___] per page |
4
Out
of Pocket Expenses
■
|
Charges incurred by The Bank of New York for local taxes, stamp duties or other local duties and assessments, stock exchange fees, postage and insurance for shipping, facsimile reporting, extraordinary telecommunications fees or other expenses which are unique to a country in which the client or its clients is investing will be passed along as incurred. |
■
|
A surcharge may be added to certain out-of-pocket expenses listed herein to cover handling, servicing and other administrative costs associated with the activities giving rise to such expenses. Also, certain expenses are charged at a predetermined flat rate. |
Advisor’s
Signature below acknowledges approval of the Exhibit C global and
domestic
custody
fee schedules above.
American
Trust Investment Advisors, LLC
By:
/s/ Xxxx X.
Xxxxxxx
Printed
Name: Xxxx X.
Xxxxxxx
Title:
President
Date:
2/5/2008
5